A power of attorney can execute a superannuation death benefit nomination on behalf of its principal member! Re Narumon Pty Ltd [2018] QSC 185 is now authority for that proposition. But – and there is always a ‘but’ – the devil is in the detail. As with many decisions, it is fact specific, nuanced and may be confined to Queensland. […]

Charlesworth v Griffiths & Anor [2018] QDC 115 is a well-crafted judgement by Porter DCJ in which he takes the legal traveler on a journey through the landscape of summary dismissal applications. On this interlocutory sojourn his Honour draws upon the wisdom of several superior court decisions, taking us on a guided tour of the jurisprudence as to the correct […]

If you are not a criminal lawyer, generally when a client consults many of us think in terms of civil remedies. This is especially the case in elder abuse and succession law matters. However, we may be ignoring avenues of redress available within the criminal law that would serve to provide appropriate remedies and protections for the complex situations our […]

“But don’t you just take your costs out of the estate?” demands the righteous caller, scoping for a solicitor to take on their estate litigation. There is a belief amongst lay people and some lawyers, albeit mistaken, that a deceased estate bears the burden of the costs of litigation. This belief likely finds its origins in the seminal family provision decision of […]

with Christine Smyth Wills – QLS advocacy on the world stage Last year, Re Nichol [2017] QSC 220 captured legal and media attention because of its modern circumstance. The Supreme Court admitted to probate a will in the form of an unsent text message, and was able to do so under the dispensing provision – section 18 Succession Act 1981. […]

by Katerina Peiros, ATI, Hartwell Legal, and Christine Smyth, ATI Professionals should take an active role in protecting the elderly to minimise financial abuse from their relatives. The demographic of the Australian population is changing — life span is increasing and with it there is an increase in the proportion of the population called “aged”.1 Of those between 80 and 84 years old, 12% have some […]

Assumptions are the termites of… instructions.1 My aunty and her husband are the epitome of baby boomers. With caravan in tow they embrace the ‘adventure before dementure’ lifestyle with gusto, travelling the coastal highways and byways, setting down in all manner of mobile home parks up and down the east coast. It is an image of retirement that is not unfamiliar. […]

The demographic of the Australian population is changing – lifespans are increasing, and with this there is a n increase in the proportion of the population called ‘aged’.[1] Of those between 80 and 84 years old, 12% have some form of dementia. For those over 94, this figure is 40%.[2] These demographic features drive the ever-growing need for members of […]

The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), the application and risk to law firms. Christine Smyth and Shane Budden discuss the impact of new federal privacy legislation and how firms will need to be proactive in their responses. It’s been a long day, finalising that brief was a total punish. Exhausted, all you want to do is head […]

Technology as a value add Leveraging technology and demonstrating value It is fair to say that the area of succession law can sometimes seem to be the last bastion of the old ways – bound original Wills in paper, signing requirements and the like.  However, it is clear that while the legislation might well be trailing the technology, we succession […]