| Arfaras v Vosnakis (NSWCA) - contract - estoppel - appeal required to transfer burial licence to respondent - appeal and cross-appeal dismissed
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| Liristis v Director of Public Prosecutions (NSW) (NSWCA) - administrative law - confirmation of conviction of offence of larceny as bailee and confirmation of sentence - summons dismissed
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| Yes Family Pty Ltd v Sphere Healthcare Pty Ltd (NSWSC) - preliminary discovery - abuse of process - leave to issue subpoenas and notice to produce prior to hearing of application for preliminary discovery refused
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| Re Moschoudis (VSC) - succession - caveat - intestacy - caveator failed to rebut presumption of revocation - proceeding based on caveat dismissed
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| Brimelow v Alampi (VSC) - succession - family provision - quantum - provision in sum of $170 000 made for adult daughter of deceased
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| John Urquhart t/as Hart Renovations v Partington (QCA) - security of payments - completion of “enclosed stage” of works - error by Appeal Tribunal of Queensland Civil & Administrative Tribunal - appeal allowed
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| Benchmark Television |
Dear Subscriber
1. This Benchmark Television broadcast is the fourth in our practice management series with Rob Knowsley.
2. This discussion is on costs, billing and profitability.
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6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Rob Knowsley on costs, billing and profitability |
| Rob Knowsley is one of the most experienced advisors on practise management in Australia and New Zealand. This discussion outlines the importance of costs, billing & profitability. |
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| Summaries With Link (Five Minute Read) |
Arfaras v Vosnakis [2016] NSWCA 65
Court of Appeal of New South Wales
Beazley P; Ward & Simpson JJA
Contract - estoppel - transfer of burial licence - appellant sought to appeal against primary judge's decision that she was required by an estoppel to transfer burial licence to respondent - whether elements of equitable estoppel established - held: n appellant offered gift to respondent of plot respondent and respondent had accepted offer - intention to enter binding contract not ascertainable but elements of proprietary estoppel by encouragement had been established - appeal dismissed - cross-appeal dismissed.
Arfaras |
Liristis v Director of Public Prosecutions (NSW) [2016] NSWCA 66
Court of Appeal of New South Wales
Sackville & Emmett AJJA; Adamson J
Administrative law - applicant sought to quash primary judge's decisions to confirm applicant's conviction for offence of larceny as bailee under s125 Crimes Act 1900 (NSW) and to confirm sentence - whether failure to have regard for necessary element of “fraudulent” taking or conversion of vehicle - whether erroneous failure to consider applicant's claim to entitlement to statutory lien and lien under general law - held: no jurisdictional error or error in relation to limits of functions or power - summons dismissed.
Liristis |
Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 393
Supreme Court of New South Wales
Slattery J
Preliminary discovery - leases and tenancies - plaintiff alleged defendant breached lease of facility - plaintiff sought leave to issue three subpoenas and notice to produce before hearing of application for preliminary discovery - defendant contended it was abuse of process to subpoena same documents sought in preliminary discovery application - s56 Civil Procedure Act 2005 (NSW) - s129(9) Conveyancing Act 1919 (NSW) - Equity Practice Notice, SC Eq 11 - r5.3 Uniform Civil Procedure Rules 2005 (NSW) - held: documents being sought were identical to those sought in preliminary discovery application - to issue subpoenas would be abuse of process - leave to issue subpoenas refused.
Yes Family |
Re Moschoudis [2016] VSC 139
Supreme Court of New South Wales
McMillan J
Succession - caveat - deceased survived by two sons - plaintiffs sought grant of letters of administration on intestacy of deceased's estate - caveator opposed grant of letters of administration - caveator contended deceased left copy will (2003 will) of which original could not be found - 2003 will appointed caveator's father as executor and left part of estate to caveator - plaintiffs sought summary judgment and dismissal of proceeding based on caveat - held: Court satisfied deceased probably destroyed original 2003 will during lifetime, with intention revoke will and make new will - caveator failed to rebut presumption of revocation - caveator had no real prospect of success - proceeding based on caveat dismissed.
Moschoudis |
Brimelow v Alampi [2016] VSC 135
Supreme Court of Victoria
McMillan J
Succession - family provision - quantum - adult child of deceased sought further provision from deceased's will - deceased made no provision for plaintiff in will - defendant conceded deceased had moral duty to provide for plaintiff - appropriate amount for plaintiff's proper maintenance and support - Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (Vic) - Pt IV Administration and Probate Act 1958 (VSC) - held: provision to be made for plaintiff out of deceased's estate pursuant to s91 Administration and Probate Act in sum of $170,000.
Brimelow |
John Urquhart t/as Hart Renovations v Partington [2016] QCA 87
Court of Appeal of Queensland
M McMurdo P, Morrison JA & Henry J
Security of payments - applicant builder performed work on respondents' residence - dispute arose concerning payment of progress payment for building to work's “enclosed stage” - builder sought to appeal against decision of Appeal Tribunal of Queensland Civil & Administrative Tribunal that Magistrate erred in finding “enclosed stage” reached and to matter to QCAT for re-hearing - whether definition of “enclosed stage” met - Sch 2 Domestic Building Contracts Act 2000 (Qld) - ss142 & 150(3) Queensland Civil and Administrative Tribunal Act 2009 (Qld) - held: Appeal Panel erred in interpretation of “structural flooring” - appeal allowed - matter remitted for determination according to law.
John Urquhart |
