When an individual possesses impaired decision-making abilities and lacks the capacity to make decisions about their life and money, these individuals have the legal right to appoint an Enduring Guardian, …
Trolls No More? The Future of Defamation Litigation
The Social Media (Anti-Trolling) Bill 2022 On 1 December 2021, the Federal Parliament proposed the Social Media (Anti-Trolling) Bill, in an attempt to confront cases of defamation online. The bill’s …
Do You Have Exclusive Use of your Car Space?
Ownership of car spaces in a strata scheme If you are purchasing property in Australia, the increasing population and urban density means that you are increasingly more likely to be …
Wills drafting and the changing nature of property: cryptocurrencies, NFTs and more
In a world of increasing decentralised assets and unregulated markets, the way we view property, and what constitutes property must shift also. This is particularly relevant when drafting a will …
Adverse possession in New South Wales: McFarland v Gertos [2018] NSWSC 1629
What is adverse possession (or “squatters’ rights”)? In New South Wales it is possible to ascertain land ownership by way of ‘adverse possession’. Adverse possession, commonly referred to as ‘squatters …
The Djokovic decision and the Migration Act
The recent decision of Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs[1] serves as a window onto the extraordinary scope of powers available to the Minister under …
Property purchases and contract “loopholes”
“Subject to finance” clause removed in standard contract for sale In 2019, Sam and Nardine Gayed from Bendigo, Victoria lost all their family savings on a $320,000 residential property deposit …
On the Voluntary Assisted Dying Bill 2021 before NSW Parliament
These are some initial responses by Elderlaw senior solicitor Rodney Lewis to the Voluntary Assisted Dying Bill 2021, currently before the NSW Parliament. Elderlaw Legal Services, a division of Foulsham & …
NSW Sexual Consent Reform
An amendment that clarifies and removes ambiguities regarding sexual consent On 23 November 2021, the NSW Parliament has passed the latest bill proposing amendments to sexual assault cases regarding sexual …
Short Term Rentals & Your Rights
What are your legal rights for a short-term rental? So, you’re going on a well-deserved weekend away and you’ve booked an Airbnb accommodation. But what is the legal status of …