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Article

What do taser guns and effective governance have in common?

The short answer is that they were both at the centre of a recent tragic event that occurred at a NSW aged care facility. On 5 July 2023, a 95-year-old resident in the facility was tasered by police, and later passed away. In a performance report u

  • Aged care
  • Health and aged care
  • Aged Care Quality and Safety Commission
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Article

New bill seeks to criminalise coercive control: Impacts for aged care providers

As referred to in our recent article, Queensland is likely to soon have coercive control laws in place that will apply, not only to intimate partner relationships, but to a wide range of family relationships. The coercive control laws will be aimed a

  • Coercive control
  • Aged Care Quality and Safety Commission
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Article

Bulletproof super nominations?

Disputes over binding death benefit nominations are becoming more common, both in relation to self-managed superannuation funds and retail funds. The main causes for the disputes are: issues of compliance with the terms of the super fund’s trus

  • Superannuation
  • super fund
  • Succession
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Article

De facto relationships and the law: Estates, disputes and superannuation

Are you, or were you, in a de facto relationship?  When someone dies, the question often becomes − was I in a de facto relationship? For many people, some elements of a de facto relationship exist, but not all. That can make it hard to definitiv

    Todo

    Article

    Stuck in the middle: Executors and Will disputes

    If you’re the executor of a deceased person’s Will and a claim is made either by a beneficiary or someone who thinks they should have been a beneficiary, then your job is much harder. Executors stuck in the middle of warring parties should: c

    • Families
    • Aged care
    • Aging parents
    • Assets
    • Will
    Todo

    Article

    Elder abuse and coercive control reform in Australia: Summary of report

    Recently, Partner and Head of Pro Bono Leanne Collingburn, Partner Brian Herd, Special Counsel Margaret Arthur, along with Solicitor Jessica Mark and Legal Assistant Tom Kelman, prepared a report outlining elder abuse within the context of coerci

    • Family and relationship law
    • Coercive control
    • Elder abuse
    • Reform
    • Financial abuse

    Publication

    Elder Abuse and Coercive Control Reform in Australia: Special report

    We have prepared a special report outlining elder abuse within the context of coercive control reform in Australia. This is the e-version of this report. It is also available to view online and download as a PDF. Purpose of report  Why does this

    • Family and relationship law
    • Coercive control
    • Elder abuse
    • Reform
    • Financial abuse
    Todo

    Court Decision

    The House is in Order: High Court confirms Tribunal Correct to dismiss disability complaint for want of jurisdiction

    Special Counsel Margaret Arthur and Law Graduate Thomas Mirolo-Lynam discuss whether a Tribunal has jurisdiction to decide matters where there is a relevant issue arising under federal laws, with the lens of a recent High Court decision in Citta

    • Families
    • Family business
    • Trusts

    Court Decision

    Settlement of Family Provision Claims and the level of information expected by the Court

    Lawyers acting in Family Provision Applications should take note of a recent District Court decision that discusses the level and type of information that the Court will expect to see in considering an application for the approval of a settlement. I

    • NDIS
    • Public Trustee

    Court Decision

    Misuse of Enduring Powers of Attorney and the presumption of undue influence

    Albert Wylie was 82 and in the last year of his life when he appointed one of his daughters, Yvette, as his Enduring Attorney. Although another daughter, Wendy, had been providing Albert with care, that changed when Yvette decided that she would move

    • Estate planning
    • Wills
    • Queensland

    Court Decision

    Can a Queensland court deal with a New South Wales Will?

    A Queensland (QLD) court can deal with a New South Wales (NSW) estate if there is a connection with QLD. Depending upon the type of matter, the court may even apply the laws of NSW. Of course, this approach would apply not just to NSW estates but to

    • Wills
    • Succession
    • Property
    • Inheritance