Case Studies

Selling your property? Don’t forget the will!

A recent decision by the District Court at Maroochydore has highlighted the importance of keeping up to date wills, particularly when buying and selling property.

The Court Decides - Casual Entitlements

The Court Decides: some casuals entitled to leave entitlements in addition to casual leave loading

Cautionary tale – Claims under the QBCC Insurance Scheme for Defective Works

The recent decision of Cronin –v- Queensland Building and Construction Commission [2019] QCAT14 highlights the importance of obtaining independent legal advice before making an insurance claim against the QBCC Home Warranty Scheme for defective building works.

E-conveyancing - A digital shift

Property settlements are shifting from traditional paper based methods to an electronic process.

"Lawyer Lawyer Pants on Fire..."

While defending an accused arsonist; a Miami lawyer recently found himself on fire in the Courtroom… and not in a good way.

How will the Changing nature of Australia’s Workforce affect you?

Recent studies have shown that the Australian workforce is increasingly moving towards casual employment arrangements.

BFA's - Still a valid instrument? YES

A recent High Court decision, Thorne v Kennedy [2017], has caused a flutter among Family Law Commentators. The Court determined the issue of unconscionable conduct and undue influence and duress in regards to the signing of a Binding Financial Agreement (BFA). Rest assured that if you have a Binding Financial Agreement (commonly know as pre-nuptial or post-nuptial agreements) prepared under the Family Law Act 1975 entered into by you, recognising the principals of the Act and common sense common law, you are still protected.

Courtroom Follies

Charles Dickens wrote “the Law is a ass” but is it possible to make an ass of ourselves before the law? Ordinarily, the courts are a place for serious matters and serious faces. Sometimes however, even the Courts can become a source of unintended amusement as the following recent cases illustrate.

Dating Naked - What could possibly go wrong?

An oldie but a goodie!! In most contracts, there exists a short clause which can make all the difference when things go awry and litigation commences.

Gambling Husband Loses Out

The Family Court was asked to consider the distribution of matrimonial assets in a 20 year marriage. The husband had been the primary bread winner and the wife was the primary home maker. They had two children and a relatively small asset pool of about $400,000.

Helping with the BIG little things

Coast2Bay Housing Group is a not-for-profit company committed to providing affordable safe and appropriate homes to individuals and families throughout the Sunshine Coast, Noosa, Moreton Bay, Redcliffe and Gympie regions. SPM Director Michael Sobey was on the board of the company for 9 years

iPhone Wills - When is Cash not Cash?

Interesting case study where a Will made on an Iphone resulted in a Supreme Court application

Kirby’s Courtroom Quotes

From observations on “getting hammered;” Paris Hilton to BMX Bikes; PlayStations to Ice-Cream, Kirby J is always on form, and with that in mind, we have compiled some of his more entertaining exchanges from the bench:

Landlord to pay tenant $11,000 for smoking

Decision to order a landlord to pay a tenant over $11,000 in compensation, declaring a unit that was affected by smoke from a smoker in a downstairs unit was unsuitable for occupancy.

Loans from Parents and Third Parties in Property Settlements

“If I receive a loan from a family member or friend during my marriage does it have to be repaid after separation and who has to pay it? What if I thought it wasn't a loan but a gift?” Property disputes involving a spouse’s parents as a “third party” are becoming increasingly common in family law matters. The Family Law Act gives the court extensive powers to make orders that can alter the rights, property interests and liabilities of third parties

Protecting an Inheritance from Family Law Proceedings

An oft touted statistic is that 1 in 3 marriages will end in divorce. While this is a difficult time for the spouses involved, it also can wreak havoc on the estate planning of other members of the family, as an inheritance or the expectation of an inheritance can have a significant impact on the division of matrimonial property between divorcing spouses.

Sexual Harassment in the Work Place

A recent case highlights the costly consequences of sexual harassment in the workplace. An employed accountant complained of being sexually harassed by a contract worker at her workplace.

Statutory Wills

In an increasing number of unfortunate situations, such as where a person is injured and receives a large personal injury payout, a statutory will is utilised to allow distribution in a manner that the injured person would wish.

How to avoid a Superannuation Death Benefit Dispute

A common misconception is that your superannuation can be dealt with in accordance with your Will. While that may sometimes be the case, it is important to remember that superannuation does not automatically become an Estate asset.

Who said lawyers aren't artistic?

For those of you who have ever wondered what a colouring in book for lawyers looked like we couldn't resist showing you a few pages from a recent email we received. We encourage you to embrace your creative capacity .

Why do I need a will?

Peter Brock was a well known and successful Australian motor racing driver. He passed away while competing in a car rally in Western Australia in September 2006. Despite Peter’s talent for motor racing, his story is also one that demonstrates how important it is to have a solicitor prepare a valid Will.

The Judge Decided

The Plaintiff applied to Suncorp Life and Insurance for Total and Permanent Disability Insurance of $500,000.00. As part of the process she was required to submit to a medical examination and to complete a questionnaire which included questions about her past medical history. Suncorp accepted the Plaintiff’s policy of insurance. About two weeks later the Plaintiff suffered a psychotic episode and was eventually declared to be totally and permanently disabled,

Free Legal tips from Facebook

We came across this great Facebook page of free legal tips that just needed to be shared.

Retirement Living

Noosa is one the most popular Queensland locations to retire with studies showing that more that 23% of our residents are over 65 years old. Retirement living doesn't get any better than on the Sunshine Coast. It's important to do your research and not be rushed when making this major lifestyle choice

Hello to Andrew & Tony

Continuing our getting to know the team series, this month we say hello to Andrew & Tony

The Plan to Return

The plan to return to the office has begun - what will SPM Law look like?