The question of what a person should do if they are aware that they hold trust property but are not sure of the terms of the trust because the trust deed cannot be found is not a question that comes…
Blog Archives
‘Common fund’ order refused at an early stage of a class action brought under Pt IVA of the Federal Court of Australia Act 1976 (Cth)
In Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq), Wigney J of the Federal Court of Australia refused to make a ‘common fund’ order at an early stage of a class action commenced pursuant…
Posted in Papers
Solicitor’s lack of expertise and resources inflated the costs charged to his client
The recent case of LM -v- K LAWYERS serves as a timely reminder that a solicitor who lacks the expertise and proper resources to conduct proceedings on behalf of a client should obtain the assistance of a suitably experienced barrister. Read…
Posted in Papers
Affidavit evidence: The problems which arise where affidavits of different witnesses use identical language
Numerous cases have addressed the problems which arise where an affidavit of one witness uses identical or substantially identical language to that found in the affidavit of another witness. Read what the courts have said about such evidence here.
Posted in Papers
Family provision: Balcomb v Brownlee and the meaning of “full and final settlement”
The Supreme Court of New South Wales in Balcomb v Brownlee recently held that the phrase “full and final settlement” as used in an agreement to settle an ‘out of time’ family provision claim brought under Ch 3 of the…
Posted in Papers
