Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

Changing the Landscape: Criminal Court of Appeal Overturns Key Decision on Waste Offences

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Recently we discussed the case of Environment Protection Agency v Grafil Pty Ltd; Mackenzie (2018) NSWLEC 99 partly in anticipation that the landmark decision would be underscored by the NSW Criminal Court of Appeal. However, the NSW Criminal Court of Appeal has now overturned this seminal decision, reversing nearly all of the original findings of the trial judge. The NSW Environment Protection Agency (EPA) succeeded on all its grounds in EPA v Mackenzie (2019). This outcome is perhaps somewhat surprising in that it places NSW at odds with other States where, for example, small amounts of asbestos are allowable in recyclable waste. It remains to be seen if it is appealed further to the High Court to settle these controversial issues once and for all.

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63 Hits

The Effect of the Rule of Commorientes on an Inheritance

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The rule regarding “commorientes” is concerned with determining survivorship where two or more people have died in the same incident. If it cannot be determined who died first, then the younger should be presumed to have outlived the elder. This can lead to confusion over who is to get what of an inheritance.

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108 Hits

Existing Use Rights and Planning Law: Saffioti v Kiama Municipal Council

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Background

Ms Saffioti owns a block of land in Kiama on the southern coast of New South Wales. Except for her existing small dwelling, the rest of the block of land is covered in native vegetation. Her initial development proposal was to build another small dwelling with a garage on another part of the block. The Council did not contest that Ms Saffioti had an existing use right in respect of her existing property but argued that this could not be extended to the entire block because new zoning laws only allowed developments satisfying environmental conservation requirements.

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93 Hits

Restrictions on Testamentary Freedom: Family Provision Applications to Contest a Will

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Testamentary freedom is the freedom afforded to a person to decide who they want their property to go to when they die. But this discretion is not unconstrained and may be contestable. Over time, legislation has been introduced allowing a variety of persons to make a claim against the estate of the deceased, commonly referred to as “family provision claims”.

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203 Hits

What Have Squatters’ Rights Got to Do with My Inheritance?

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In New South Wales, under the Real Property Act 1900, it is possible to obtain ownership of a property if a person has remained in the property for a minimum of 12 years. In that time, they must have had factual possession and have demonstrated a clear intention to possess the property. Factual possession means physical control over a property. This can include the changing of locks, repairing the property and paying bills.

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218 Hits

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