Altering your Will on the way to the Altar

Recently, the Supreme Court had to consider what a Will ‘made in contemplation of marriage’ means. The Case Re Estate Grant, Deceased [2018] NSWSC 1031 Click this link to view the whole judgement: The Facts The deceased was married to his first wife between 1989 to November 2013. The deceased had two biological children, and became a doting step-father to his first wife’s children. The deceased began an on/off extra-marital relationship with a co-worker, with whom he officially commenced a de facto relationship after he separated from his first […]

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Changes to Cladding Laws

Changes to the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 commence on 22 October 2018. This new legislation requires that owners of certain types of buildings must check for external combustible cladding and register affected buildings. These new laws apply to both new and existing buildings. Cladding types External combustible cladding means: any cladding or cladding system comprising metal composite panels, including aluminium, zinc and copper, that is applied to any of the building’s external walls or to any other external area of the […]

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Duffy Elliott Lawyers


Paper Certificates of Title and paper settlements are fast becoming part of our history and the future for Conveyancing is Electronic. In NSW the Financial Institutions commenced converting their paper Certificates of Title to Electronic Certificates of Title (ECT’s) on 1st September 2018.   The big four banks, ANZ, CBA, Westpac and NAB are the first to convert to ECTs. It is expected that 142 Financial Institutions will have converted their paper Certificates of Title to ECT’s with NSW Land Registry Service by 1st October 2018. Most NSW Land owners who […]

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Demerit Point Licence Suspension

Certain traffic offences carry demerit points such as disobeying traffic signs or other road rules, or driving a defective vehicle. Double demerits will apply to any speeding, seat belt, helmet or mobile phone offence if you are caught during a double demerit period. Your licence will be suspended if you exceed the number of demerit points allowed for your licence within a 3 year period. The demerit point limits are: Unrestricted licence – 13 points Professional driver – 14 points Provisional P2 licence – 7 points Provisional P1 licence – […]

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Landmark Compulsory Acquisition Case

Australians Love the classic movie “The Castle” for the quirky antics of the Kerrigan Family, and the timeless one liners… Lawyers love “The Castle” for the surprisingly accurate interpretation of Section 51(xxxi) of the Australian Constitution. Recently, the Supreme Court of New South Wales was asked to consider the right of the NSW Government to compulsorily acquire land held by a Developer in Roselle. The team at Duffy Elliott Lawyers reviewed the decision of the Court to see what grounds the Developer relied upon in their challenge, was it the […]

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A first home buyer Lawyer in Dubbo

Exciting News in the Pipeline for Prospective First Home Buyers

ATO Releases Draft Ruling on First Home Super Saver Scheme Since 1 July 2017 first home buyers have been eligible for stamp duty exemptions under the First Home Buyers Assistance Scheme. The First Home Buyers Assistance scheme provides eligible purchasers with exemptions on transfer duty on new and existing homes valued up to $650,000 and concessions on duty for new and existing homes valued between $650,000 and $800,000. Now, more good news might be on the way for First Home Buyers as the ATO has released a draft ruling providing […]

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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 […]

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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 […]

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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 […]

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