Legal Updates

Family Trusts – Challenging Trustees’ Discretionary Decisions

In a legal update last year, I wrote about the case of Mercanti v Mercanti on the matter of control and succession of discretionary family trusts.  That illustrated an example where a challenge to the passing of control was unsuccessful. In a recent  Supreme Court of Victoria decision of Trani v Trani decided in 2018,…

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IT’S STARTED! Are you ready? Aged Care Royal Commission is underway.

The Government announced a Royal Commission into the Aged Care sector on 16 September 2018. The first tranche of letters to the sector’s largest 100 Providers have now been sent. This correspondence seeks responses to a series of questions relating to internal quality and safety practices, with responses due by 7 January 2019. The remaining…

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My Health Record

There has been a fair bit of media commentary on the My Health Record (MyHR) system. If you do not ‘opt out’ before 15 November 2018, a MyHR will be automatically created for you. If you then ‘delete’ it, your data will still be stored for 30 years after you die (or 130 years after…

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Elder abuse – not just physical

With the recent call for a Royal Commission into aged care, there is now closer scrutiny on elder abuse.  This comes as a relief to many who have borne witness to family members being the victims of harmful acts from people in whom they have placed trust. Elder abuse can take several forms, be it…

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PMSI super-priority confirmed by South Australian Supreme Court

Last Friday, the Full Court of the Supreme Court of South Australia delivered its judgment in Samwise Holdings Pty Ltd v Allied Distribution Finance Pty Ltd [2018] SASCFC 95. The Full Court upheld Justice Blue’s decision that Allied Distribution’s PMSI had priority over an earlier registered AllPAP security interest with respect to 40 motorcycles. The…

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Minimising the challenges of estate planning for blended families

If you, or someone you know, are in a second marriage then you need to contact us to discuss your estate plan. The current divorce rate in Australia is about 40%.  The majority of clients we see today are in their second marriage, often both with children from their first. These blended family situations, whilst…

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