The process of recovering sums of money owed to you can be a long one. It starts with a letter of demand and hopefully ends with payment. What occurs between …
Disclaimers and statements of belief
Foulsham & Geddes acted for the appellant vendors in Ireland v WG Riverview Pty Ltd [2019] NSWCA 307, who have had a stunning victory. This appeal, overturning a decision of …
Foreign beneficiaries and discretionary trusts
Does your family trust expressly exclude ‘foreign persons’ as potential beneficiaries? Chances are, it does not, and Revenue Ruling G010 (v2) from the NSW Commissioner of State Revenue suggests that …
The wedding is off, so who gets to keep the engagement ring?
We have all heard of the horror stories of the engagement ring getting flushed down the toilet, but what are your legal rights in the event the engagement is called …
Smartphones and the Family Court
We are always on them but can your smartphone assist your evidence in a Family Court case? And can you record your partner in a family law dispute without their …
The pitfalls of handwritten amendments on a Will
A will is an important document in managing your personal affairs and can, in many cases, be an effective tool in preventing costly litigation for your family after you die. …
Rights of beneficiaries under a will
As a beneficiary named in the Will of the deceased, you have the following rights. The right to see a copy of the Will. If you are a beneficiary named …
Applying for probate
So, you have been named as a beneficiary in a loved one’s Will who has recently died, or you are entitled to receive a share of the estate pursuant to the rules of …
Restraint of trade in employment – giving of undertakings
The recent case of SAI Global Property Division Pty Ltd v Jones [2018] NSWSC 438 provides a useful reminder of the principles at play for employees and employers when a restraint of …
What happens to property when two or more persons die at the same time?
In a situation where two or more persons die simultaneously in an accident or under similar circumstances, the order of their deaths may be critical in determining who is to …
