Kate Witt

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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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 Supreme Court handed down its decision in Tongi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWSC 406 on 19 April 2024. Read more in this case note by Senior Associate Qiming Zhou below. #AusLaw #SupremeCourt #NSW #InsuranceLaw #McCabes #LegalInsights

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This has practical application with regards to an insolvent company undertaking a s588GA Safe Harbour Turnaround or Restructuring, where there is protection for Directors from Insolvent Trading Personal Liability (2017)… …and s588FDB creditor-defeating disposition (2020) which is a voidable action (ASIC order) available to the liquidator or ASIC. No order can be made where the disposition was: 1. For market value and/or 2. part of the Safe Harbour restructuring (“better outcome” test). This needs to be executed with precision and only the most experienced reputable and qualified advisors can be trusted. It’s a highly specialist area and directors should always request references from an advisor’s former clients. #phoenixing #turnaround #preinsolvency #restructuring #safeharbour #insolvent #governance

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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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The Supreme Court of New South Wales recently published judgment in Fussell v Hanrahan t/as Dignan & Hanrahan Solicitors [2024] NSWSC 1388. The Plaintiffs sued two sets of solicitors that had formerly acted for him on the purchase of property with a 5-year settlement period. As events unfolded, after the date for completion but before the purchase settled, the vendor died and the Estate subsequently rescinded the contract. The Court entered judgment each of the Defendants, dismissing the Plaintiffs’ claims of professional negligence. Andrew Harding SC acted for the First and Second Defendants; and Amelia Avery-Williams leading Louise Dargan acted for the Third Defendant. The decision can be accessed at: https://lnkd.in/gmQdi5qP

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How do you safeguard confidential information / #tradesecrets in a #contract? Feel free to add your views and experiences. #lawyers #Lawstudents #lawyering

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One year on, we have decided to delve a little deeper into Metal Manufacturers v Morton, for its broader implications for voidable transactions, and the analysis by the High Court of the voidable transactions and pari passu regimes within the Corporations Act 2001 (Cth), and their relationship to the set-off provisions in section 553C

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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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13 September - What’s On This Week? 🗓️ 📅 Comprehensive Monthly Tax Update - September 2024 with Brown Wright Stein Lawyers Stay ahead with the latest ATO activity, cases, edited binding rulings, specialist deep dives & more. 🎤 Taxing Fame with Paul Hockridge Run through a variety of tax issues for celebrities, social media influencers, & other individuals living la vie en rose! 💰 Crypto Tax Toolkit - Individual Investors & Traders with Matthew O. Check you’ve got everything you need to prepare tax returns for crypto investor and trader type clients, with practical examples. 🏦 Introduction to Superannuation with Sasha Prien Key concepts and terminology, types of superfunds, and how to read a sample statement. 🚀 Unlimited access engaging tax training for accounting firms.Check out our upcoming & free live events here: https://lnkd.in/gRDUvmst

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Law Bites: Episode 45 - CGT adjustment clauses in wills Hear from Angela Cornford-Scott, Cornford-Scott Lawyers Pty Ltd discusses whether adjustment clauses in wills are a good idea! Follow us for more Law Bites Episodes.

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The timeframe for probate in Victoria can vary, depending on a number of factors; for example, the size and complexity of the deceased estate. Generally, the official Court process of granting an application for a Grant of Probate, assuming the application is complete and accurate, will be 1-4 weeks. However, there are other matters that can delay probate. In this blog, we step you through the process of applying for a Grant of Probate and provide some information on the types of issues that may delay probate and the distribution of a deceased estate. https://bit.ly/3WgaPli #willsestateslawyers #yourwill #deceasedestates #challengeawill #probatelawyers #grantofprobate

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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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George Street Chambers’ founding member, David de Jersey KC, appeared for the successful appellant in Sedgwick Australia Pty Ltd v JLOC Super Pty Ltd [2024] QCA 218. The appellant was a loss adjuster appointed by an insurer to assess storm damage to real property owned by a superannuation trust fund. A builder carried out the rectification works. A second storm occurred and caused damage to the trust property. The respondent, the new trustee of the superannuation trust, sued the appellant alleging the damage to the property from the second storm was caused by the builder who failed to properly carry out the rectification works from the first storm. The new trustee alleged the appellant owed the original trustees, or alternatively, the new trustee a duty of care in tort to avoid property damage and economic loss in the way in which it provided instructions to and monitored the work undertaken by the builder. The appellant applied to strike out various paragraphs of the respondent’s fourth amended statement of claim. The primary judge dismissed the application. The appeal was brought on six grounds and was successful on two of those grounds regarding the inadequacy of the pleading of the loss adjuster’s appointment and causation. His Honour Bond JA summarised four key aspects of legal principle in appealing interlocutory discretionary decisions to strike out all or part of a pleading alleging a novel duty of care: [11]-[15]. A copy of the decision can be accessed via the following link: https://lnkd.in/gQEVJUj3

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