make a will dubbo

When does the State get your Estate?

If I don’t make a Will, who inherits my estate? When someone passes away, the first step your lawyer should take is to check if there is a Will. Your lawyer will normally check the deceased’s paperwork, banks, NSW Trustee and Guardian, and all lawyers in the area. If no Will is found from those enquiries you can normally form the conclusion that the deceased died intestate – that is, without a Will. There is a common misconception that if you die without a Will, your estate will go to […]

Keep Reading
Weathervaning Developer's Crane

Injunction Granted to Stop Trespass by Developer’s Crane

A recent case in the Victorian Supreme Court discussed the extent of a landowner’s right to possession of airspace above their land. The Case The plaintiffs owned a property next to a development site on which there was a four storey apartment block being constructed by the developer. The construction work required the use of an overhead crane. When not in operation the ‘arm jib’, or arm of the crane, was overhanging the plaintiff’s property as it needed to “weathervane” by swinging freely in the wind. No building material was […]

Keep Reading

Mandatory Alcohol Interlock Program

In an effort to deter drink driving, since February 2015 any driver convicted of a serious or repeat drink driving offence must participate in the Mandatory Alcohol Interlock Program (unless an exemption applies such as medical reasons). An Interlock device is an electronic breath test installed in your car, motorcycle or heavy vehicle to monitor alcohol levels. It is linked to the ignition of the vehicle and will only start if no alcohol is detected on your breath. If installed, random breath tests will also be required throughout the duration […]

Keep Reading

Christmas Closure

Duffy Elliott Lawyers will be closed from 1pm, Friday 22 December 2017 and will reopen at 8.30am, Monday 8 January 2018. The Directors and Staff wish you a Happy Christmas and a Prosperous New Year.

Keep Reading

Share your family law experience

  In May 2017 the Federal Government announced its intention to conduct a review of the family law system. The Australian Law Reform Commission released the terms of the review in September 2017. The Commission have now set up a confidential website where you can share your experience with the family law system. They are looking to hear from people who have been involved with the family law system, particularly in the last five years, to find out what helped you and your family or what aspects of the family […]

Keep Reading

Changes for Learner, P1 and P2 Drivers

  From Monday 20 November 2017, a number of changes to how you can obtain your licence will commence. Learner drivers will have to pass the Hazard Perception Test (‘HPT’) before they can attempt the driving test. If you wait more than 15 months without passing the driving test, you will have to complete the HPT again. Drivers will no longer be required to pass the Hazard Perception Test to obtain their P2 Licence. The only requirement is to hold your P1 licence for at least 12 months. There will […]

Keep Reading

Driver Disqualification Update

  From 28 October 2017, major changes in relation to licence disqualification laws will take place. People who commit offences such as driving while unlicensed, suspended, cancelled or disqualified will have maximum penalties and disqualification periods reduced. The Court will also have the power to decide when the disqualification will start (i.e. it won’t automatically be in addition to any suspension already being served). Disqualification periods can be lifted after a period of good behaviour with no other traffic offences (either 2 or 4 years depending on the type of […]

Keep Reading

Inheritances received after separation

  The Family Court of Australia recently looked at whether an inheritance received by one party three  years after separation should be included as property to be divided between the a Husband and Wife. The Case The case involved a Husband and Wife who, at the time of trial, had been married 17 years and separated 8.5 years. Under his brother’s Will the Husband received a property worth $715,000 three years after the parties’ separation. The property was unencumbered at the time of trial. The trial judge excluded the property […]

Keep Reading

Final Occupation Certificate – The Holy Grail for Purchasers, or is it?

A final occupation certificate has long been thought to give peace of mind to purchasers of dwellings, however a recent court of appeal case held that a final occupation certificate cannot be relied upon.  The Case The Purchasers entered into a contract with the Vendor (owner-builder) to purchase a substantially renovated house in Wahroonga, NSW. The Vendor engaged Ku-ring-gi Council to certify a two-level extension at the back of the existing house as well as an engineering firm to prepare structural drawings. The Council issued a Final Occupation Certificate despite […]

Keep Reading