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RMO Weekly Case Note

Article by: Billy Duan Are Search Engines liable for their content? On 17 August 2022, the High Court of Australia delivered its judgment in Google LLC v Defteros [2022] HCA 27. The key question for the High Court’s consideration was whether search engines bear any...

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Wills

Everybody has heard of a will. A lot of people would have had to deal with a will when somebody close to them has died. But, not everybody has a will. Why? There are plenty of excuses for not making a will, such as “I have plenty of time to make a will” or “They are...

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Navigating A Property Settlement

The Family Law Act 1975 (“the Act“) and case law sets out the basis for determining how the division of assets between spouses occurs. Understanding the considerations of how a just and equitable property settlement is determined, what circumstances provide for...

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Issues In Giving A Buyer Early Occupation

Granting A Buyer Early Occupation There may be a number of reasons why a seller is asked by a buyer for permission for the buyer to take occupation of a property before settlement has taken place. Whatever the reason, the seller must give careful consideration before...

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Challenging A Bank Guarantee

This is both a cautionary tale for anyone who is contemplating acting as guarantor of someone else’s liability, and a David-and-Goliath story of a battle with a major bank. Challenging A Bank Guarantee - Context Our Lawyers acts for a client who is seeking relief from...

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Death Of A Parent: What Then?

The case of Kelly & Landridge [2013] FCCA 1737 provides an outline of the considerations to be made for the death of a parent, when a loving mother suddenly dies, leaving three children of three different fathers and a maternal grandmother to work out the...

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RMO Weekly Case Note

Article by: Billy Duan High Court’s Recent Decision on Ownership of a Matrimonial Home – Are Matrimonial Assets Protected from a Partner’s Creditor? The High Court of Australia’s recent decision in Bosanac v Commissioner of Taxation [2022] HCA 34 affirms the ancient...

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Why You Shouldn’t Let Your Tenants Overstay The Lease

Stamp duty (or transfer duty) is a tax payable to the Office of State Revenue (“OSR”) when a person acquires or purchases property such as land, house or rights to land. Chapter 2, Part 9 of the Duties Act 2001 (“Act”) provides concessions for stamp duty if a buyer...

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