Szabo & Associates News & Updates

Judicial review is a review by a court which tests the legality of a decision. If someone wishes to seek judicial review of a decision, it is important to comply with any time limits.

Background

A demolition clause is a clause in a retail lease that provides that the lease can be terminated early by the landlord if it decides to demolish, or substantially renovate, a property. As long as the landlord complies with the requirements of section 35 of the Retail Lease Act 1994 (NSW) they are entitled to terminate the lease and only pay a limited amount in respect of the tenant's fit-out costs but not, for example, the costs of moving, loss of profits, or any subsequent increase in rent.

The rule regarding “commorientes” is concerned with determining survivorship where two or more people have died in the same incident. If it cannot be determined who died first, then the younger should be presumed to have outlived the elder. This can lead to confusion over who is to get what of an inheritance.

Testamentary freedom is the freedom afforded to a person to decide who they want their property to go to when they die. But this discretion is not unconstrained and may be contestable. Over time, legislation has been introduced allowing a variety of persons to make a claim against the estate of the deceased, commonly referred to as “family provision claims”.