Szabo & Associates News & Updates

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

Challenging an Inheritance and the Rule of Forfeiture

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If a murderer cannot inherit the estate of their victim, what is the position with someone who helps cover up a crime?

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Inheritance Row Over Simultaneous Death of Parents

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In the unfortunate event that both parents pass away at the same time and it is not known who died first, what happens next can regrettably result in family disputes. Thankfully this is not a frequent occurrence but, if and when it does happen, it can be particularly stressful. This is illustrated by the case of John and Ann Scarle recently decided in the High Court in England.

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A Revised Standard of Proof in New South Wales’ Waste Offence Laws

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Background

Last year the NSW Environmental Protection Authority (EPA) brought charges against the former mayor of Port Stephens, Robert Mackenzie, and his company Grafil Pty Ltd. The defendants operated a sand quarry, trading as Macka’s Sand and Soil Supplies, but were accused of running an illegal waste dump at their business in Salt Ash, a rural suburb of Port Stephens. The company potentially faced a $1 million fine and substantial clean-up costs if found guilty. However, they were not found guilty, and the case (Environment Protection Authority v Grafil Pty Ltd; Mackenzie [2018] NSWLEC 99) heralds a significant change to the interpretation of waste laws in NSW.

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Bogus Law Firm Promoting Inheritance Scam in South Australia – Spotting the Warning Signs

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Background

Regrettably, there are times when criminals will hold themselves out to be solicitors in an attempt to defraud members of the public and take their money. While the various Law Societies do what they can to prevent this from happening, it is important that people are aware of the risks and know how to avoid potential fraud.

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Repudiation of a Commercial Lease

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Repudiation of a lease means a breach so serious that a party is entitled to treat the agreement as terminated.  The Victorian Supreme Court has recently commented on the principle of repudiation in a case concerning a dispute over a poorly performing air conditioning unit in a fitness centre (Red Pepper Property Group Pty Ltd v S 3 South Melb Pty Ltd [2019] VSC 41).

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