Dangers of Do-It-Yourself Estate Planning

October 27, 2010 by Leave a comment

Robert C. Adamski, Attorney at Law based in Florida recently posted a blog on the “Top Dangers of Do-It-Yourself Estate Planning“.

The points Mr Adamski makes are equally important for Australians.

Mr Adamski has identified single people with no children and virtually no money as those who probably do not require an estate plan or a do-it-yourself estate plan.

It is my experience that the administration of a deceased person’s estate can often be unnecessarily complicated by the absence of a will.

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Filed under Wills & Estates

Is Your Power of Attorney Valid?

October 26, 2010 by 1 Comment

It has come to my attention recently that a law firm has posted a blog stating that a Queensland enduring power of attorney is invalid in New South Wales.

The blog post then goes on to state that enduring powers of attorney made prior to 1983 in New South Wales have been automatically revoked by changes to legislation – in effect if you had an enduring power of attorney in 1983 for health decisions, that the changes to the law cancelled this document.

A new blog post by this same legal firm states that enduring powers of attorney made in New South Wales prior to 2003 no longer apply to health and lifestyle issues.

Let’s set the record straight.

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Filed under Wills & Estates

Umbers v Kelson: A Silly Decision

October 19, 2010 by 1 Comment

Umbers v Kelson[1] confirms a silly decision.  The case concerned a finance condition in a contract for the sale of a business.  The wording in that condition is effectively the same as the wording in the finance clause in the standard contract of sale[2] and so the case has important ramifications for contracts for the sale of land.

 However the circumstances surrounding the case make it dangerous to regard the decision as strong authority in relation to finance conditions generally and the legal analysis, with respect, appears defective. Read more of this post

Filed under Conveyancing & Property

Lexcursions – The Adventures of Anthony Jucha: October Edition

October 13, 2010 by Leave a comment

This year, the NSW Attorney General announced the inaugural Graffiti Action Day – a sort of ‘Clean Up Australia Day’ for graffiti. I’ve always had a soft spot for
graffiti and so decided to take action. My plan: to volunteer and, working from the inside, persuade my fellow cleaners to preserve an artistic piece or two. Read more of this post

Filed under General

Owners Corporations

October 8, 2010 by Leave a comment

An owners corporation is a legal entity established by statute[1] to represent the owners of property.  It is a body corporate and it may come into existence (is incorporated) as a consequence of the registration of a plan of subdivision pursuant to the Subdivision Act[2].

Owners corporation can be huge, or tiny.  They can apply to a skyscraper development of hundreds of units, or to a simple two lot subdivision.  The policy of treating ALL developments, whether large or small, in the same way creates difficulties for property lawyers and the determination of the legislators to demand compliance with the strict letter of the law creates unnecessary difficulties for clients. Read more of this post

Filed under Conveyancing & Property

Tullett Prebon litigation shows effect of employer not accepting repudiation by employee

October 7, 2010 by Leave a comment

Like any contract, an employment contract is not automatically terminated by an employer’s or employee’s repudiation, but only where that repudiation is accepted by the innocent party. This is despite the fact that the employment relationship (as distinct from the employment contract) will be brought to an end where there is a wrongful dismissal, or where the employee resigns in breach of contract, such that for most practical purposes the employment will be at an end at that time (Visscher v Guidice (2009) 239 CLR 361; [2009] HCA 34, at [53]-[55], and see the Employment Law Guide at [3.7.6]). Read more of this post

Filed under Specialised Areas of Law

Writing letters of advice

October 5, 2010 by Leave a comment

Where do you begin when a client asks you to advise on a commercial contract? How do you construct a written advice that satisfies the client’s needs and protects you – the advisor?

Advising on commercial contracts is a lucrative field of work but one which must be approached with care.  Mastering how to recognise and capture advice work when it presents itself is an important skill to master. Kalde & Associates have released the Commercial Advice Suite to help you handle this important area of legal work.

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Filed under General

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