Blog

Articles and legal news from the Atkinson Vinden Team.

  • How to obtain a copy of a Will

    The first step in determining your legal position in relation to an Estate Dispute is often looking at the terms of the Will in question. We regularly have enquiries from clients who are having trouble obtaining a copy of the Will from the executor of the Estate. This is particularly the case when they are...

    Disputes

  • Who can make a claim on my Will?

    When family provision claims against deceased estates are reported in the media, it sometimes appears as though anyone can make a claim on a deceased estate, no matter how remote the relationship between the parties. This is not the case. Only certain categories of “eligible persons” as defined in Section 57 of the Succession Act...

    Disputes

  • Defamation Affects Us All

    This week saw one of our high-profile defamation cases involving Network Ten in the Federal Court. It is fascinating following the media coverage of these cases, because in effect this involves the media reporting on its own conduct. There is a clear fascination within media to understand how far they can push a story before...

    Disputes

  • Probate Caveats

    Most people are familiar with the idea of placing a caveat on a property. In that situation, a property cannot be sold until the caveat is removed. It is a process which protects a third party who has some financial interest in the property. There is a similar legal concept that is sometimes applicable in...

    Disputes

  • Aged Care and Retirement Law – How a Pragmatic Approach Is Needed When Dealing With Disputes Between Operators and Residents

    In New South Wales, there are currently an estimated 653 retirement villages run by around 267 operators. According to data obtained from the Fair Trading’s Inquiry into the NSW Retirement Village Sector Report, retirement villages in NSW and the ACT are “home to over 55,000 residents with an average age on entry of 75 years,...

    Disputes

  • Are you liable for third party comments/posts on your Facebook page?

    According to the recent case of Voller v Nationwide News Pty Ltd [201] NSWSC 766, the answer is potentially yes. Background Dylan Voller was a former detainee of the Don Dale Detention Centre in the Northern Territory.  He became well known after the Royal Commission into the Protection and Detention of Children in the Northern...

    Disputes