by ROBERT | Oct 18, 2023 | Asset protection, Debt recovery
The High Court allows an appeal concerning whether a wife holds a marital home on trust for her husband. The wife purchased the property using loans in both spouses’ names, but title was solely in her name. The Commissioner obtained a declaration in the Full...
by ROBERT | Sep 27, 2023 | Asset protection, Succession
In 1995, Peter Smeaton engaged a solicitor, Joseph Pattison, to prepare a new will leaving his share of investment properties held in joint tenancy with his wife to his 4 children. The solicitor advised Mr Smeaton to execute transfers of his interest to sever the...
by ROBERT | Sep 11, 2023 | Bankruptcy, Debt recovery
This decision by the Honourable Justice Collier of the Federal Court of Australia illustrates how time limits are calculated and that sometimes failing to meet the time limit by any amount of time leaves the court with no ability to consider the merits or justice of...
by ROBERT | Sep 7, 2023 | Succession
This was a decision by His Honour Judge Gary Long SC delivered on 25 August 2023 in Maroochydore District Court. The first applicant discontinued his claim after reaching a settlement. The second applicant (referred to as “the applicant”) continued her...
by ROBERT | Sep 5, 2023 | Succession
Paulo died in December 2022, leaving a will (from a DIY Will kit) appointing his mother Rhonda as sole executor. Rhonda died 13 days after Paulo in January 2023. The issue was whether section 33B(1) of the Succession Act applies, which deems a beneficiary who dies...
