Blog

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

Society should regard the principle of open justice as precious because it reassures the public and the parties that courts apply the law. An important aspect of the principle is that justice should be done in open court, so that the people interested in the case, the wider public and … read more

A solicitor must undertake at least 10 hours of professional development each year. The year ends on 31 March. So you can imagine the time of year when there’s the greatest demand for legal education. I conduct seminars for my fellow solicitors on a diverse range of legal topics related … read more

Two recent decisions show how the Superannuation Complaints Tribunal can be used to remedy harsh, unreasonable and unfair decisions of superannuation funds. In the first decision the employee had become a member of the superannuation fund in 1995. A later employee sent the fund incorrect information with the wrong date … read more

The High Court of Australia is sitting in Hobart for 3 days from 1 March 2016. During that week it is scheduled to hear the appeal of Badenach v Calvert. This will be the most important decision of the High Court of Australia concerning a solicitor’s duty of care for … read more

After five years as Councillor of the Law Society I seem to be busier than never. This week for instance, I’ll be in Sydney on Tuesday 23 February for a meeting of the working group looking at future prospects of law graduates. This is an important initiative of the Law … read more

I’ve always felt a certain affinity with Banjo Paterson. He too was a lawyer. Moreover, he worked as such for the law firm for which I first worked: Fisher & Macansh. Beyond that the comparison falls away. I never worked in a dingy little office where there was only a … read more

Occasionally a will maker states that he or she wishes to leave his or her home (or something similar) to a specified beneficiary (SB) for his or her use “for as long as he/she needs it”. Unfortunately, those words have been held to be legally ineffective because of uncertainty. So … read more

Challenging the adequacy of a gift in a will has a long history. In Roman times, certain persons could bring a querela inofficiosi testamenti – complaining of an undutiful or irresponsible will. Children could bring a complaint against a parent’s will on the basis that the child was passed over … read more

For centuries up until 1890, the law provided that on a man’s death, his land was left exclusively to his eldest son. The widow, if there was one, had a life interest in a third of the land. This was provided to enable her to support herself and children other … read more

These are statements made by Judges who are experienced in wills and estate litigation about the making of wills. Bear in mind that Judges are conservative by nature and careful with the use of words: A High Court Judge: Because wills are legal documents involving many technicalities, attending to their … read more

I can do no better than quote Registrar Boyle from Re Maria Elizabeth Rudd; ex parte Prince [2015] WASC 107. It was an informal will case. The Registrar lamented: “The deceased either was offered, or sought, the assistance of an entirely unqualified person to prepare these three documents. That person … read more

Surprising as it may seem, Magna Carta, made in 1215, continues to talk to us about topical issues of today, such as detention, treatment of aliens, rights of citizenship and eviction of foreigners. Magna Carta states: 41        All businessmen may enter or leave England unharmed and without fear, except in … read more