Szabo & Associates News & Updates

Construction disputes often revolve around delays. Delay cases are complex and expert opinion is often sought to provide evidence. But if the expert evidence from each party is contradictory, where is the Court to turn?

The NSW Land and Environment Court has wide-ranging jurisdiction to deal with a variety of disputes involving various diverse parties. One of the areas that give rise to many civil enforcement cases is a failure to obtain necessary planning permission for new buildings as illustrated recently in Sutherland Shire Council v Perdikaris (2019) NSWLEC 149.

Sometimes development application proceedings in the Land and Environment Court will need the support of expert witness evidence. Their evidence, as their Code of Conduct states, is “to assist the court impartially on matters relevant to the area of expertise of the witness”.  However, a recent case illustrates how the very preparation of an application can undermine it by compromising the supporting expert’s credibility.

Courts are generally deferential to a Will-makers choice of executor. However, the Court will "pass over" a named executor if it believes there are reasonable grounds to do so. The overarching consideration is whether the conduct of the executor(s) threatens the proper administration of an estate.

What might a widow be worth? This question was considered in the recent NSW Court of Appeal case of Steinmetz v Shannon (2019) NSWCA 114. The case stands as a reminder of the factors the Court will take into account when reviewing the adequacy of financial provision for a widow under the terms of a Will.