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Draft Will - Can They Be Valid

Is Your Draft Will Valid?

For various reasons, sometimes a person instructs a solicitor to draft a Will on their behalf, but the document is never signed by the client. So, what happens when the wheels are in motion, but the document has not been …

Notional Estate And Family Provision

Notional Estate and Family Provision Orders

What is Notional Estate?

A person’s last Will dictates how their estate assets are to be distributed upon their death.

However, estate assets only include property which is owned solely by the deceased person as at the date of their …

Court Ordered Wills

Court Ordered Will – Who Pays?

The Court’s Power to Make a Statutory Will

Under the Succession Act 2006 (NSW), the Court has the power to authorise a will to be made, altered or revoked for a person without testamentary capacity. The creation of such is …

Mental Harm

Case studies: Mental Harm

The Courts have experienced a large increase in claims by people who allege to have suffered pure mental harm as the result of witnessing a person being killed, injured or put in peril caused by the negligence of another. The …

Loss Of Consortium

Damages for loss of consortium?

‘Loss of consortium’ is a common law head of damages that allows a husband to claim compensation for loss of certain marital rights/services, in circumstances where his wife has suffered injury resulting from the wrongful act of another. It is …

What Is A Vexatious Litigant ?

When Enough is Enough: The Vexatious Litigant

A vexatious litigant is someone who persistently commences court action solely to harass another, or for an ulterior purpose. Litigation may be classified as vexatious where it is repetitive, burdensome and/or meritless.

The Supreme Court (the Court) on its own …

Real Time Prescription Monitoring

Real Time Prescription Monitoring

If you are keeping up to date with our blogs, you will be aware that Victoria generally leads the way with its progressive health law initiatives. It is no surprise then that Victoria and Tasmania are among the first states …

Reproductive Health Care Reform - Abortion Bill

Abortion Reforms: The Reproductive Health Care Reform Bill 2019

The Reproductive Health Care Reform Bill 2019 (termed the ‘Abortion Bill’) was recently passed by Lower House. This article begins by outlining the crime of abortion and case law developments in the area. It then discusses the substantive elements of …