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The latest news, views, and articles
from the team at Kent Law Group

CASE WATCH
Magann v Trustees of the Roman Catholic Church of the Diocese of Parramatta [2019] NSWSC 1453

This case involves the recent decision on 28th October 2019 relating to a historical sexual assault that occurred in the 1980s. The case was initially found to be statute barred through the Limitation Act 1969 (NSW) which had prevented Mr Magann, the plaintiff, from making his claim in court. Following the Royal Commission Report, however, the Limitation Amendment (Child Abuse) Act 2016 (NSW) amended the Limitation Act and from 17 March 2016 limitation periods for child abuse actions were removed.
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The way we shop, consume and find new products has been drastically re-invented by the internet. E-Commerce has increasingly become a powerful tool for Australians to shop from the comfort of their own homes, but also has provided opportunities for entrepreneurs to conduct their business online. Conducting business online comes with many obligations that are crucial to be aware of in order to prevent deviations from the Australian Consumer Law.

Australian Consumer Law (ACL)

The ACL applies to both brick and mortar stores and online businesses equally and applies to any Australian business that sells goods and services. One of the ACL’s main purposes is to ensure that when you buy a product or service, it will work.
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Case Watch

Falcken & Weule [2019] FamCAFC 140 (16 August 2019)
Did the primary judge err in concluding that the property interests be divided 53 per cent to 47 per cent in favour of the wife?
Case overview: This case involves the Court’s reasoning in the division of property when the pool of assets includes a disability insurance payment. The Court decided to not alter the finding of the primary judge in the division of 53% to 47% in favour of the wife.
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Case Watch: October 2019

Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275
CIVIL PROCEDURE – Probate and administration of estates
Case overview: This case involves the difficulty of navigating a strained relationship between two brothers over the probate of their late mother’s estate. Each party sought differing outcomes 1) the granting of probate to one of the brothers as their eldest brother had died and therefore the probate is passed over, or 2) the appointment of an independent administrator.
This case highlighted the primary concern of the Court is to ensure the estate will be efficiently and properly administered according to the terms of the will: Mavrideros v Mack (1998) 45 NSWLR 80 (at [107] and [108]); (1988) NSWCA 286.

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Elder Abuse and Wills

Elder Abuse and Wills

It is an unfortunate reality that elder abuse occurs in Australia. The NSW Department of Family and Community Services has defined elder abuse as including financial abuse, where an elderly person’s assets are improperly used.

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Granny Flat Agreements

A granny flat arrangement can be a useful and convenient arrangement to enable an elderly parent or relative to live closer to the rest of the family, but also accommodate privacy and security.

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The Central Coast Law Society has donated $4,000 to Rondeley, a Domestic Violence Program based on the Central Coast. Rondeley assists women by providing crisis accommodation and finding long-term housing for women and children escaping domestic violence.

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A recent decision by the High Court of Australia has determined that a man who donated his sperm to a friend is indeed a legal parent of the child.

The question “Who is a parent?” is one that has never been easily answered in Australia. Is it about biology? Is it about who the child views as their parent? Is it about who is involved in the child’s life? Is it about what the intention is at the time of conception?

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A Sydney woman’s Facebook post has gone viral, after she was fined $337 because her passenger was using Facetime whilst she was driving. In her Facebook post, the driver writes:

“Tell your passengers to stay off their phones while you are driving, I got fined because my passenger was on FaceTime.”

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In Court proceedings generally, parties do not have to have a lawyer and are entitled to represent themselves or ‘self-represent’. This can become a problem when it comes to a Trial and the parties need to be cross-examined, especially in circumstances where there is a history of the self-represented party perpetrating family violence upon the other.

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Separating from your spouse or partner is a very difficult time at best, it is made even more complicated when there is an ‘asset pool’ to be divided between you both. Ideally, you will be able to agree on the values of the assets and how they should be divided between you so that it is fair on your both.

Unfortunately, this isn’t always the case, sometimes your ex may just be plain difficult to deal with, or sometimes they really believe that you are the one being unreasonable. Whatever the reason, it isn’t an easy process to go through.

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Do you require advice or representation in your family law matter? Our Solicitor, Laura Burge, specialises in family law matters and can assist you in reaching an agreement with your former spouse or representation in Family Court proceedings.

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Expert Evidence

Often evidence is given by experts in family law proceedings. These experts can include, psychologists who can give evidence in relation to circumstances of adults and children in parenting matters, and registered valuers, who can be called upon to give an expert opinion as to the value of property or other items.

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If you are going through a separation or divorce, it is important to have an understanding of how the assets and liabilities of the relationship are divided between the parties. At Brennan Tipple Partners, we like to use a four step process:

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Community Service Orders

A Community Service Order “CSO” can be made by the Court under the Crimes (Sentencing Procedure) Act as an alternative to full time imprisonment. A CSO requires the offender to complete a certain number of hours of community service work and can only be imposed for an offence which can be punishable by imprisonment.

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What is an Habitual Traffic Offender?

The Court may declare you as an Habitual Traffic Offender if you have been convicted in a NSW Court of three “relevant offences” in the past five years. The offences need to have been committed on different occasions.If you have been declared a Habitual Traffic Offender, the RMS will disqualify you from driving for a further five years in addition to any time the Court has disqualified you from driving.

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Relocation

If you want to relocate with your child, you can make an application to the Federal Circuit Court of Australia or Family Court of Australia asking that the Court make orders allowing you to relocate with your child. The application can be made before you relocate, or after the other parent has relocated with your child if you did not consent or were not aware of the relocation.

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