Szabo & Associates News & Updates

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

Privilege Against Self-Incrimination in Family Law Proceedings: Field & Kingston (2018)

Section 128(1) of the uniform Evidence Acts applies where a witness objects to giving particular evidence that "may tend to prove" that the witness has committed an offence under Australian or foreign law or is liable to a civil penalty. It contains a version of the common law privilege against self-incrimination which entitles a person to refuse to answer a question or produce a document if the answer or production would tend to incriminate that person. If the court determines that there are reasonable grounds for the objection, the Court is obliged to give the witness a certificate which prevents the evidence from being used against the witness in any proceedings in an Australian court. A certificate is, for example, sometimes sought to protect a client from charges of tax fraud.

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How Not to Novate A Contract for An Option to Buy Land: Kai Ling (Australia) Pty Ltd V Rosengreen (2019)

The recent decision in Kai Ling v Rosengreen considered whether an option to purchase land had been successfully novated in favour of a substituted grantee.

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167 Hits

The Times They Are A-Changin’?: Equity Rising In Re Marsella: Marsella v Wareham (No 2) (2019) VSC 65

Background

Superannuation is a major asset of many Australians, and consequently, it has a crucial role in effective estate planning. In that context the importance of controlling self-managed superannuation funds (SMSF) is axiomatic.

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227 Hits

Who Is to Have Custody of The Family Pet After Separation?

Pets can be important to families, and disputes over the family pet in separations appear to be becoming more common. However, in Australia, the Courts have only limited capacity to deal with pets with no legislation for guidance though legal precedent has been established with several cases.

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203 Hits

Varying “Final” Parenting Orders: Resolving A Dispute Between Parents with Equal Shared Parental Responsibility in Cameron & Brook (2018).

Background

The blog How “Final” Are Final Parenting Orders? (November 2017) considered the ruling in Rice & Asplund, concerning final parenting orders, and how “final” such orders may actually be. The Full Court of the Family Court recently had cause to consider the position in a differing set of circumstances where parents with equal shared parental responsibility were in dispute over the schooling of one of their children, in the case of Cameron & Brook.

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116 Hits

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