James Oldknow

Losing someone is tough, and probate can be overwhelming. As you navigate the complex probate process, you need to have the compassionate and expert legal guidance. Having the right NSW probate lawyer by your side can make all the difference in ensuring the process runs smoothly. What do you think is the most important quality in a probate lawyer? 🤔 Here’s what to consider: expertise in wills, clear communication, solid reputation, and transparent fees. We also have a more comprehensive guide on choosing the best probate lawyer for your needs: https://hubs.ly/Q02-HfNR0 At CM Lawyers, we’re here to help with empathy and expertise. Reach out for a free consultation! #ProbateLaw #NSWLaw #CMLawyers #LegalAdvice

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If you’re separating, the Federal Circuit and Family Court of Australia require you to participate in family dispute resolution (as long as it’s safe to do so) before you make any applications. Family dispute resolution is a practical, affordable and collaborative way for you to resolve disputes with your ex-partner. There are three main types of family dispute resolution.: 👉🏾 Mediation 👉🏾 Conciliation 👉🏾 Arbitration We can help you decide which form of family dispute resolution is best for your specific situation and the outcomes you’re looking for. Contact us for professional, caring advice https://lnkd.in/gq835qaY #familydisputeresolution #mediation #arbitration #conciliation #familylaw

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Legal Director Dan Rogers writes about: CORONIAL INQUEST INTO THE BONDI JUNCTION STABBINGS   New South Wales Premier Chris Minns has announced this week that significant additional funding will be allocated for an independent Coronial Inquest into the tragic loss of life following the Bondi Junction stabbings. The inquest will seek to determine exactly what occurred but also to investigate broader issues such as the New South Wales Police response and the offender’s interactions with government agencies prior to the tragedy. This is a welcomed announcement that will provide a real opportunity to carefully unpack what occurred, the circumstances that led to the tragedy and how systems and agencies might be improved to reduce the risk of something similar occurring in the future.    A Coroner, acting as an independent judicial officer, is best placed to undertake this mammoth task. Coroners are often said to “speak for the dead”. In most cases, a death is unremarkable such as old age or disease. However, certain deaths raise troubling questions and sometimes, larger social issues. The Coroner, and the parties to an Inquest, often represented by solicitors, play a critical role in unpacking such deaths in order to understand the “who, what, when, where and why”. Equally important is the need to identify recommendations that might prevent or minimise the risk of such a tragedy from occurring.   Inquests are, therefore, important fact-finding exercises. They aim to search for the truth. No one is on trial. The rules of evidence do not strictly apply and evidence that would be inadmissible in a criminal trial is admissible in the Coroner’s Court subject only to the tests of relevance and procedural fairness.   The legal representatives tasked with the responsibly of assisting the Coroner and/or those appearing on behalf of the parties to the Inquest, including family members of deceased persons, will play a critical role. Lawyers are well equipped to do this because we are trained at resolving complex factual issues. Those lawyers representing the deceased’s family will also be mindful of the therapeutic process that underpins the Coroner’s Court.   Ultimately, the Coroner will deliver findings identifying the manner and cause of death as well as any recommendations. In doing so, the deceased’s family and the community will have a better understanding about how this tragedy occurred and why. No doubt, the recommendations from the independent Coronial Inquest will be considered very closely by the New South Wales Government.  #coronialinquest https://lnkd.in/gBYTSJv

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SEPARATION STAGES: Separation is a legal process, but it is also a mental and emotional one. You will need time to unpack your emotions and experiences, whilst working through any difficult feelings that arise. When working with Bayside Family Law Solutions, you will have the opportunity to ensure that your wellbeing is prioritised and you have the information and resources you need to move forward. To chat about how we can help you, get in touch with us here: https://lnkd.in/eVFq_iZk #FamilyMatters #FamilyLaw

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The Federal Government has put forward proposed changes to parts of the Family Law Act 1975 (Cth) (the Act) that will influence how property settlements between separated couples are determined, introducing the Family Law Amendment Bill 2024 (the Bill) on 24 August 2024. Learn more through the link below. #wmdlaw https://lnkd.in/gg_bBvy7

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The Federal Government has put forward proposed changes to parts of the Family Law Act 1975 (Cth) (the Act) that will influence how property settlements between separated couples are determined, introducing the Family Law Amendment Bill 2024 (the Bill) on 24 August 2024. Learn more through the link below. #wmdlaw https://lnkd.in/gg_bBvy7

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What are the implications for legal practitioners when considering requirements to obtain relevant expert evidence? Ben Mahler, KordaMentha Partner, considers a NSW Supreme Court decision where the plaintiffs’ solicitor was ordered to pay the costs of a trial in circumstances where they advised their client no expert evidence was needed to prove their case. This is a bonus case review, with 300 more cases of potential interest featured in our upcoming Expert Evidence: Recent Cases book, launching on 29 October. Find out how to pre-order your copy and read more here: https://lnkd.in/gGAkYT6z #KordaMentha #ExpertEvidence

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Understanding Coercive Control: A Closer Look. Learn about the concept of coercive control and its influence on family law, read our latest article: https://lnkd.in/gv3m_snN Cominos Family Lawyers established in 2010. If you’re looking for safe, supportive and expert family lawyers, Call us on 02 8999 1800 or Email [email protected] #familylaw #familylawyer #sydneyfamilylawyer #cominosfamilylawyers

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Wills & Estates Lawyer Julian Liu explains what happens when probate is granted in Victoria, where the deceased held assets interstate. https://lnkd.in/g4RCgVQQ #wills #estates #accredited #specialist #probate #Victoria #lawfirm #Melbourne #lawyers #legal #law #SMEs

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Five 2024 cases on statutory demands and a sentence on the key issue(s) they considered. 1️⃣: In the matter of DCA Capital Pty Ltd ACN 629 833 129 [2024] NSWSC 261 Whether the affidavit filed to support the application adequately supported the ground upon which the demand was challenged, and whether the applicant had proved there was a genuine dispute. 2️⃣: Electrical Data and Fibre Optic Systems Pty Ltd v Utech Pty Ltd, in the matter of Utech Pty Ltd [2024] FCA 874 Whether service of the statutory demand by post had been properly effected, and whether non-receipt of the demand was sufficiently proved. 3️⃣: Dyirranga Ltd v Deputy Commissioner of Taxation [2024] FCA 411 Service of unsealed Court documents / the requirement for service to occur within the 21 day statutory period. 4️⃣: Pointerra Limited v Here Europe B.V.[2024] WASC 212 Resolution of contractual construction questions in the context of assessing the existence of a genuine dispute / how to deal with a clause prescribing that the law of another country is applicable to the contract. 5️⃣: Progressive Projects Pty Ltd v McCullough Robertson Lawyers [2024] QSC 39 The appropriate costs order where a statutory demand was withdrawn following the filing of an application seeking that it be set aside. There are links to all judgments in the comments. #insolvency #corporations #statutorydemands

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When it comes to inheritance, verbal promises don’t generally hold up in NSW courts. While a loved one’s word may seem binding, the legal system needs clear, written instructions to enforce any wishes regarding your estate. That’s why a legally binding, professionally written will is essential to avoid disputes and ensure your intentions are honoured. Without it, those verbal commitments may not carry the weight you intended. 📄 Formalise your wishes today and give your family the clarity they deserve. Need help drafting a secure, legally-binding will? Contact us to get started! #EstateDisputes #estateplanning #willdisputes #InheritanceRights

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Will Series: Part 3 In this video Gallie Miles Solicitor Renee Dunn talks about the role of the Executor. #willsmonth #otorohanga #lawfirmnz #wills #waikato #nzlaw #nzlawyers #teawamutunz #lawyers #waipa #legal #legaladvice #rurallaw #legalnews #hamilton #waikato #newzealand #nz #nzlaw

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Yesterday, the Court of Appeal delivered judgment in Inndeavor Apartment Wolli Creek Pty Ltd v Maroun Pty Ltd [2024] NSWCA 237. The appeal gave rise to several questions, including whether the appellants’ obligation to pay rental arrears under residential leases was released by an accord (constituted or evidenced by a document styled as a “Handover Agreement”) and whether the accord was satisfied. The dispute arose out of temporary rent reduction arrangements during the COVID-19 pandemic. The Court (Stern JA, Ward P and McHugh JA agreeing) answered those questions negatively and dismissed the appeal. The judgment serves as an example to contract lawyers of the importance of: - correctly applying accord and satisfaction principles, which depends on properly construing the contractual obligations in question; - pleading with precision at trial the purported accord and satisfaction; and - pleading (and proving) that a release was given by all joint creditors, not just one. Andrew Byrne and Ryan Harvey acted for the successful respondents. A copy of the decision is available here: https://lnkd.in/gkwAs_A7

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Do you believe a legal decision was made unfairly or incorrectly? You may be eligible for a judicial review. This process allows courts to assess if government actions or decisions have been made lawfully and fairly. At Pegasus Law, we can assist with challenging unjust decisions. Our legal team ensures that your case is presented with precision. If you believe a decision affecting you was made unlawfully, contact us for guidance. 📞 905-348-3633 ✉️ [email protected] 🏢 2 Robert Speck Pkwy, Suite 703, Mississauga ON L4Z 1H8 🌐 www.pegasuslaw.ca #immigrationlaw #canada #pegasuslaw #pegasuslawcanada #pegasuslawmississauga #restorationofstatusincanada #judicialreview #judicialreviews #judicialreviewcanada

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Commercial and consumer lawyers, take note! ⚠😲👀 The High Court of Australia has delivered two pivotal judgments in the matters of Williams v Toyota Motor Corporation Australia Limited [2024] HCA 38 and Capic v Ford Motor Company of Australia Pty Ltd [2024] HCA 39. These class actions concerned the 300,000+ affected purchasers of defective Toyota and Ford vehicles over the last decade. The vehicles were deeemed by the Federal Court of Australia to be lacking in 'acceptable quality', contrary to the consumer guarantee contained in ACL s 54. ACL s 271 permits consumers to recover damages from a manufacturer where the acceptable quality guarantee is violated. ACL s 272 then provides that consumers can recover damages for 'any reduction in the value of the goods, resulting from the failure to comply with [s 54]'. The question in this case was when the loss of value should be calculated. The HCA in the Williams matter held that the assessment to be made under s 272 is 'of the amount by which the value of the goods is reduced at the time of supply to the consumer' as a result of the failure of the goods (vehicles) to comply with the guarantee of acceptable quality at that time. In making the assessment, regard must be had to 'all that is known at the time of trial about the "state and condition of the goods" at the time of their supply to the consumer' (ACL s 54(2)). The matters were remitted to the primary judge to assess the damages payable under s 272 in accordance with the HCA's prescribed approach. #consumerlaw #consumerprotection #consumerguarantees #acl #acceptablequality #hca #fca 🚗 For legal support, contact me and the commercial team at DW Fox Tucker Lawyers: https://lnkd.in/git9BMNw. 🚗 For information, research collaborations, presentations and other opportunities, drop me a line via the Adelaide Law School: https://lnkd.in/ghxEniV6

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The reason most firms can’t grow is because the original partners carry 70-80% of the weight of the company. They have to micromanage their team or do everything themselves to get everything done. Some managers find themselves micromanaging their team or performing all the tasks themselves in order to ensure that everything is done. However, in top companies, their internal processes are well-defined with regard to people, process, strategy development, and execution. This results in each team member working efficiently, allowing the partners to concentrate on high-value tasks and focus on being excellent lawyers doing what they love. As a leader of a law firm, you have likely faced challenges associated with growing pains. The growth journey is not without obstacles, and the road can often be overwhelming. Does this ring a bell to you? Read our full article about how we can help you transform your Law Practice in only 100 days: https://lnkd.in/gYX3EMrH

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