Can an iPhone Note Become a Valid Will? Wheatley v Peek [2025] NSWCA 265 and Kemp v Findlay [2025] NSWCA 46
A recent series of decisions of the New South Wales Court of Appeal serves as an important reminder that estate planning is not simply about identifying beneficiaries and succession objectives. It is equally important to ensure that those intentions are properly documented and legally implemented In, Wheatley v Peek [2025] NSWCA 265, the Court was […]
Estate Planning | Superannuation, Wills & Contested Estates – Lin v Yim & Anor
A recent decision of the Supreme Court of Queensland in Lin v Yim & Anor [2026] QSC 57 highlights an important risk in Wills and estate planning, particularly for SMSFs: superannuation benefits withdrawn prior to death lose their character as “super” and become part of the personal estate. This has significant implications in estate administration […]
Navigating Australian and European Sanctions against Russia as an Australian Company
In today’s global economy, companies must navigate an increasingly complex legal landscape when engaging in international trade. International sanctions and other trade restrictions can have a significant impact on operations. This article explores the impact of sanctions against Russia and their consequences for Australian companies and subsidiaries of companies within the European Union (EU). Key […]
Key Terms in Employment Agreements and Policies
When there is a dispute between an employer and an employee, often the first point of reference is the employment agreement. A poorly drafted (or non-existent) written employment agreement could result in the employer being exposed to having employees poaching existing clients or competing with the employer. Some of the key terms an employer should […]
How to end employment – to terminate or make redundant?
Navigating Australia’s employment laws is not an easy task. There are numerous requirements which must be satisfied in order to terminate an employment or make an employee’s role redundant. Failing to comply with these laws could result in the employee commencing an application before the Fair Work Commission, which could result in the employer being […]
NSW Commercial Leases – Trends in 2025
No matter the type of business being run, there is a good chance that a business will need to enter into a commercial or retail lease. The commercial leasing environment is always evolving and it is important to ensure that the lease terms are consistent with market standards. We have identified the following common trends […]
Can Shareholders Access Company Documents?
A company holds a wide variety of documents, such as financial reports, directors’ resolutions, the company constitution and sustainability statements. From time-to-time, shareholders may request access to company documents as part of an investigation by the shareholder into certain actions or aspects of the company. Whatever legal rights a shareholder claims to possess, you should […]
SMSF – Assessing Capacity to Make a Binding Death Benefit Nomination (BDBN)
In the realm of self-managed superannuation funds (SMSFs), the recent case of van Camp v Bellahealth Pty Ltd [2024] NSWSC 7 has shed light on the crucial aspect of evaluating an individual’s capacity to make Binding Death Benefit Nominations (BDBNs). This case, which involved a superannuation beneficiary nomination made in the hospital shortly before the […]
Family Business Succession: Tips for Navigating the Waters
In the emotional realms of family business succession, the stakes are high and the challenges for the head of the family are many. As legal advisors to many of Australian’s most exclusive family businesses, we shed light on the top 4 aspects of succession. Patiently understand the legal landscape: Family business succession requires an understanding […]
What do you need to know about Letters of Administration?
A Letter of Administration is a legal document issued by a Court that grants authority to a person to administer the estate of a deceased individual who died without a valid Will or left no executor. The Letters of Administration empowers the administrator to act as the legal representative of the deceased’s estate and carry […]