Latest publications
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…
Dividing the larger and smaller assets of the marriage or relationship after divorce or break-up
In Brief — Dividing the assets of a relationship It is important to obtain a valuation for large assets and to bear in mind any future liability which may attach to them. For the division of smaller assets, it is generally better to agree on a division with your ex-partner whenever possible, avoiding…
The right to inspect a Will without a court order and prior to probate being granted
In brief — Access to Wills under the Succession Act Since the Succession Act was introduced in NSW, provisions have been in place entitling certain people to inspect Wills. This is the case prior to probate being granted and without a court order. Anyone holding a Will on behalf of a deceased person must…
In-house counsel and legal professional privilege — Are your internal communications protected?
In a recent survey of in-house counsel, well over half of respondents identified legal privilege as the biggest problem area they faced in their role. What is legal professional privilege? Legal professional privilege, also known as client legal privilege, is defined as a legal right that protects from disclosure confidential communication between a lawyer and…
Competing interests continue to fight over the future of the Minerals Resource Rent Tax (MRRT)
Last week’s article The Minerals Resource Rent Tax (MRRT) — Will it be debated at next year’s tax summit? highlighted the confusion around the anticipated implementation of the federal government’s proposed Minerals Resource Rent Tax. The proposed tax continues to draw vocal criticism from a number of quarters. Smaller mining companies have…
The right to request flexible working arrangements following a period of parental leave
Employers should be aware that employees have the right to request a change in working arrangements to assist the employee in caring for a child. Such a request is often made while an employee is on parental leave and is often a request to return to work in a part time capacity. The employer…
ACCC takes early action on carbon price claims — make sure you don’t make yourself a target
The carbon price commenced in Australia on 1 July 2012. As part of the new régime, the government has directed the ACCC to undertake a compliance and enforcement role in relation to claims made about the impact of the carbon price. The ACCC’s focus is to ensure businesses do not make misleading…
High Court rules on Octaviar
In brief — Octaviar decision confirms return to stability The 1 September 2010 High Court decision in Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29 confirms a return to stability in the long accepted practices surrounding registration and notification of changes to charges over company property. Last year…
Are health records protected by copyright?
In brief — Health records and copyright On 4 May 2010 the Federal Court of Australia held that copyright did not subsist in a number of health records created and maintained by a health care provider. Therefore, they were not an asset of the business. The health records were health summary sheets, consultation notes, referral…