The death of seven-week-old baby Isabella Diefenbach in May 2010 has resulted in 13 Coronial recommendations and sounded a clear warning to real estate agents and property managers that they must be vigilant when managing properties. Isabella fell from her father’s arms after his foot went through the flooring of a rotten veranda in their [...]

Yesterday, the Federal Government overwhelmingly voted against a Bill introduced into Parliament which, if passed would have seen same sex marriage legalised on a federal level.   The Bill was defeated by 98 votes to 42.  Prime Minister Julia Gillard, Opposition Leader Tony Abbott and former Prime Minister Kevin Rudd all voted against the Bill. The [...]

Most people are aware that you can claim compensation for workplace accident or motor vehicle accidents, but what are the rules when you suffer injuries at the home of a friend, neighbour, or acquaintance? Can you still claim compensation for your injury? How does it affect the owner? Home owners in QLD and NSW usually [...]

The Queensland Government has revealed that it will scrap the current First Home Owner Grant in the amount of $7,000 in the new budget and will replace it with a First Home Owner Construction Grant in the amount of $15,000. First home buyers in Queensland therefore need to be quick if they intend to purchase [...]

In NSW a Scheme exists for those who are catastrophically injured following a motor vehicle accident to cover those who are unable to establish fault or negligence on the part of another driver.  The Motor Accidents (Lifetime Care and Support) Act 2006 commenced on the 1st July 2006.  The Act provides for a Scheme to [...]

In an interesting display of how the Court considers competing claims for the division of matrimonial assets, the Family Court in Sydney has ordered that the rural NSW property owned by the parties was to be transferred to the Wife, despite the Husband’s pleas that it remain with him, partially due to his having created [...]

Part 2 – Common Law – Misrepresentation and Unconscionable Conduct and Undue Influence:- At common law, there are a number of different defences that can be raised when a lender tries to enforce a guarantee that the guarantor considers unjust. While there is some degree of overlap between them, each of these has different technical [...]

MoneySmart Week runs from 2 to 8 September right across the country. It’s an initiative of the Australian Government Financial Literacy Board, of which Paul is chairman, and really supports. We are all aware of the financial stress which has been felt across the country in recent years, however, Deloitte Australia recently said that retail spending [...]

Part 1  –  Emotional Dependence The principle of ‘Emotional Dependence’ was established in the following cases:- a)     Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447, b)    Yerkey v Jones (1940) 63 CLR 649; and c)    Garcia  v National Australia Bank  Ltd [1998] HCA 48; 6 CCL 81; 194 CLR 395; 155 ALR 614; [...]

Legislation has been passed through the Federal Government that extends Directors liability for unpaid PAYG and superannuation. The new legislation revolves around Pay as You Go Withholding Non Compliance Tax Act 2012. If you have unpaid superannuation or PAYG make sure it is reported now. If it is not reported within 3 months of the [...]