Szabo & Associates News & Updates

Background

There are some provisions of the Evidence Act 1995 (Cth) that are excluded from some Family Law proceedings. However, when drafting an affidavit, legal practitioners still need to consider the operation of a number of provisions of the Evidence Act, including Section 131(1).

Some perceptions about divorce may have been sown by following celebrity divorces completed, more often than not, in other jurisdictions such as the USA. Here we look at some misconceptions that may have formed in people’s minds about divorce.

After 18 months of work, the Australian Law Reform Commission has recently reported on its recommendations to amend the family law system. The report Family Law for the Future has 60 recommendations in all.

Recently ABC News (24.12.18) reported that the northern NSW council of Clarence Valley had been fined for harming an ancient Aboriginal “scar” tree that was important to Aboriginal culture. The scarred red/black bean tree had been registered as a culturally modified tree in 1995 on the Aboriginal Site Register. This meant that it was an offence to harm or desecrate the tree.

In the recent case of Kegran Pty Ltd v Warrik Pty Ltd (2018) NSWSC 1357, the Supreme Court had to determine whether there had been a valid exercise of an option to renew a commercial lease even though the method used did not appear to meet the conditions set out in the contract. The lessor had challenged the exercise of an option on the basis that the notice had not been properly served.