Szabo & Associates News & Updates

Background

The recent case of Commissioner of Taxation v Tomaras (2018) raised both constitutional and family law issues. It considered whether, in property settlement proceedings, the Court has the power to order that a (bankrupt) husband be substituted for his (former) wife with regard to the tax debts owed by her so that he became solely liable.

Background

The Supreme Court of NSW recently removed a co-executor to an estate so that the administration of the estate could be finalised. The case of Wise v Barry: The Estate of Robyn Margaret Wise (2018) NSWSC 1726 demonstrates the importance of those making a Will choosing executors with care. Failure to do so increases the risk of disputes leading to delays and extra costs. But who do you choose?

Background

When a parent is considering relocation, an application must be made, and the Court has to weigh and balance the children's best interests with the relocating parent's freedom of movement. This issue recently arose in the case of Kerson & Blake (2018) FamCAFC 215, in which the mother successfully appealed an order which provided that her children were to live with their father in Canberra should she relocate back to the United States of America.

According to a new survey from the Tenants’ Union of NSW and Marrickville Legal Centre, three-quarters of NSW renters have not reported a problem with their property to their respective landlord because they fear of being evicted on a ‘no grounds’ basis.

NSW Trustee and Guardian (NSWTG) has officially apologised to the family of Steven Colley, a 57-year-old disabled man from Kingscliff, who died in squalid conditions after the NSWTG did not respond to repeated requests to repair the property.