Family Provision Claim Fails

Family Provision Claim Fails

Olsen v Olsen [2019] NSWSC 217 (15 March 2019)BACKGROUNDThe plaintiff, a 61 years old son of the testator, brought a Family Provision claim for $250,000 against his father’s $265,000 estate. The testator and the plaintiff’s mother separated when the plaintiff was 9...
What Does No Win, No Fee Actually Mean

What Does No Win, No Fee Actually Mean

Speculative or Conditional costs arrangements, often called ‘no win, no fee’ agreements, mean that clients do not have to pay their solicitors’ fees, but the solicitor gets the normal fee plus at discretion, an uplift fee if they win the case. Arrangement of this type...
QCAT or SCQ for Administrator?

QCAT or SCQ for Administrator?

JDM v Hodges [2019] QSC 65BACKGROUNDThe applicant who was an adult at the time of the hearing participated in a car accident that caused death of her grandmother, physical injury to her mother and chronic post-traumatic stress disorder to herself. As the result of her...
Bankruptcy or Part IX / X Agreement?

Bankruptcy or Part IX / X Agreement?

INTRODUCTIONIf you are unable to get your debts under control, it might be time to think about taking action. Two common solutions are signing a debt agreement or filing for bankruptcy.Bankruptcy is a process where a bankruptcy trustee is appointed to administer your...
Anti Political Discrimination $1.45 M

Anti Political Discrimination $1.45 M

Davis v Metro North Hospital and Health Service & Ors [2019] QCAT 18BRIEF FACTS The applicant in this matter, a politician who publicly criticised the government, applied for a medical officer position at a hospital. This role for which he was the only qualified...
Damages or Debt? Retention of Title…

Damages or Debt? Retention of Title…

Garmin v B & K Holdings (Qld) Pty Ltd [2018] QCA 353This case was an appeal against a refusal of the primary judge to grant summary judgment. RELEVANT GLOSSARY A claim for damages is a claim for compensation for a loss suffered by one person as the result of...
Original Will Lost

Original Will Lost

Re Ambrose [2019] QSC 3What happens when the original will of a deceased is lost?The question was asked in this case when the solicitor of the deceased presented the court with a photocopy of the will and requested a probate of the document. The solicitor was the sole...