Blog

I am a candidate for election to the Law Society of NSW Council. The election is conducted from 27 September to 24 October 2016. Why stand for re-election? I have been a Councillor for the past 6 years. I have put my name forward for re-election as there is still … read more

At the beginning of 2016 the Law Society of NSW established an Elder Abuse Working Group. I’m pleased to chair that small but dynamic group, which also consists of Ruth Pollard (NSW Trustee & Guardian), Sue Field (Western Sydney University) and Ray Ward (Lawcover). We put together a program of … read more

The Blue Mountain Law Society’s Succession conference over the weekend of 17 and 18 September was a stunning success. The weekend commenced with Justice Philip Hallen opening the inaugural conference by outlining the operation of the Supreme Court’s Family Provision List and seeking practitioners’ response to possible new initiatives.                           … read more

During my six years as a Councillor of the Law Society of NSW, my most frequently asked question has been: What does a Councillor do? The short answer is that a Councillor is a director of the company known as Law Society of NSW. With the other Councillors I’m involved … read more

Intestacy is the state of affairs where a person dies without disposing of their assets on death [1] . Determining who inherits a person’s assets on their death, where there is not a will or equivalent can be difficult and time consuming. It is helped by having a formula to identify … read more

Will-making is not like filling in a form: Wills are legal documents involving many technicalities. As a result, in the words of a High Court judge: “attending to their preparation and execution requires the exercise of professional skill and care” [1] . Of course, a will only operates on death. So, … read more

From an American perspective What does the future hold? It’s a question which has occupied humanity since recorded history, but never more than now. It’s not a question which occupies the attention of any part of society more than another. But it does occupy the attention of the professions and … read more

The Mandarin speakers in the Chinese population have long regarded the number 8 as lucky. The superstition is based on 8 being a homonym of “prosperity,” “fortune” and “wealth.” The superstition is so strong that the Beijing Olympics commenced at 8.08.08pm on 8 August 2008. Given that that’s 8 years … read more

 The Supreme Court ordered an abortion to end Fay’s pregnancy after her advance care directive was held invalid because of lack of mental capacity It has been said that all adult patients fall into one of three categories [1] : 1 Those who are competent [2] , 2 Those who are incompetent, … read more

It may have been subtle but it was there. In Hall v Hall [2016] HCA 23 the High Court of Australia sent a message to lower courts. It also sent a message to the second arm of government, the Executive. The message was that court delays are alien to the needs … read more

The Non-Lark [1] in Larke –v- Nugus If you’re not a wills and estates lawyer you wouldn’t have heard of Larke –v- Nugus. If you are a wills and estates lawyer, you wish you hadn’t. In simple terms, in the league of cases producing strange legal principles, there’s one that occupies … read more

Maybe this is premature especulation, but I’ve got Susan Kiefel as specials to become the next Chief Justice of Australia. It’s earned on merit and overdue on symbolism. Robert French is due to turn 70 on 19 March 2017. That event is important to more than simply French, his family … read more

By resolution of the General Assembly of the United Nations, various days are promulgated as “International Days”. This gives attention to particularly worthy causes. Since late 2011, fifteen June each year has been promulgated by the UN as World Elder Abuse Awareness Day. 2016 will be the fifth such day. … read more

I guess I’m gushing, but there is much about the 24 years since the Mabo decision in the High Court which speaks volumes for Australians and our society. Chiefly, the peaceful acceptance of that major change to our land law and the very wide acceptance of the change within a … read more

In Badenach v Calvert [2016] HCA 18 the High Court did 2 things. Firstly, it clarified the scope of a solicitor’s duty to an intended beneficiary, this being the duty originally identified in Hill –v- Van Erp (1997) 188 CLR 159; [1997] HCA 9. Secondly, it resolved the dispute before … read more

On 4 May 2016 the High Court delivered its decision in Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16. There were two issues. Firstly, was the advocate’s immunity to be retained as part of the common law of Australia. Secondly, if so, what was the scope of that … read more

I sometimes think that I’m on a one person crusade to rid the world of confusion, at least as it relates to law. (If only I could put that to music a la Bob Dylan!) Today my crusade is the confusion around capacity. Before anyone can enter into a legal … read more

The sign says: We offer three types of service: Good/cheap/fast – you can pick only two Good cheap service wouldn’t be fast Good fast service wouldn’t be cheap Fast cheap service wouldn’t be good. I thought of this sign when I considered three recent decisions where the service wasn’t fast. … read more