Szabo & Associates News & Updates

Unconscionable conduct can be seen where a benefit is gained by one party through the deliberate exploitation of an imbalance of power relative to another party.  An example is when someone close to an elderly person with a mental disability, in the act of elder abuse, persuades the elderly person to transfer property to them.

The issue of wanting sole and exclusive use of the family home arises during the course of a relationship breakdown. Sometimes the matter can be resolved amicably by one partner agreeing to move out or, where that is not possible, the parties agree to remain ‘separated under one roof’. 

The process of tendering for a development contract may be essential, but it can raise legal issues for both developers and prospective contractors alike. Moreover, it can be costly in terms of time and funds invested, which are usually borne by the tendering parties, successful or otherwise, as a ‘cost of doing business’. But what if the tendering party had been seduced into incurring further costs, believing an agreement existed, because of the misleading and deceptive conduct of the developer?

The purpose of a settlement agreement is to bring a resolution to a dispute without the further litigation. However, in Fatseas v Fatseas bht Basha [2022],the NSW Supreme Court were called upon to consider a further dispute arising from the interpretation of a particular clause in a settlement agreement ‘finalised’ after a dispute over probate.

If a person dies without a Will it is referred to as dying intestate, and legislation will dictate how the assets will be split. Sometimes this is simple, such as if there is property that is jointly owned then this will automatically pass to the surviving partner. For assets owned solely by the deceased it will be necessary to appoint someone to administer the estate and distribute the property.