Szabo & Associates News & Updates

The short answer to the question as to whether a former spouse can make a successful family provision claim is, as is often the case, it depends.

Disputes as to who the father of a child is can arise, for example, because a partner has been told they are not the father, or alternatively, a biological father denies this to be the case.

It is not unusual in commercial disputes for one party to argue, because they have a right of set-off that they are not liable to pay all or part of a claim made by the other party. Set-off is a common law right allowing commercial parties which have debts owing to each other to set them off.

A commercial lease is a contract between a landlord and a business for the purpose of renting a property owned by the landlord. Many businesses choose to enter a commercial lease from where they can operate their business rather than buying because there is not the same requirement for capital to invest. As with any contract, a commercial lease comes with a range of responsibilities on the part of both parties.

Section 4.31 of NSW’s Environmental Planning and Assessment Act (1979) provides a Council (and others) with the power to commence proceedings to review the issue of a Complying Development Certificate (CDC). The illustrated case is the first time that the NSW Land and Environment Court used its power under s4.31 in declaring that the CDC that had been issued was invalid.