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Family Feud Over an Inheritance: Why the Court Said “No” to Free Legal Help

When a loved one passes away, grief can sometimes be overshadowed by conflict over the Will. This is a painful reality for many families. A recent case in the NSW Supreme Court’s Equity Division highlights this difficult situation and provides an important lesson about the limits of free legal assistance in such disputes.This blog post breaks down the Court’s decision to refuse free “pro bono” legal help to two siblings locked in a bitter fight over their parents’ estate.The Family and...

Court Orders Graduated Time Arrangement in Complex Parenting Case, Emphasising Child’s Best Interests

A recent decision by the Federal Circuit and Family Court of Australia demonstrates the court’s careful approach to reinstating a parent-child relationship where significant allegations have been made, prioritising a child’s long-term welfare through a structured, gradual process.The case concerned parenting arrangements for a six-year-old child. The mother sought orders for the child to live with her and have no time with the father, or alternatively, for any time to be permanently supervis...

LEC Case Review: Court Upholds Amended Coogee Apartment Development, Highlighting the Value of Conciliation

A recent decision by the NSW Land and Environment Court serves as a powerful case study in how proactive negotiation and design amendment can overcome complex planning disputes to secure development consent.The case involved an appeal against Randwick City Council’s deemed refusal of a development application for a part-three, part-four storey residential apartment building in Coogee. The initial proposal faced significant opposition from both the Council and local residents, leading to a cont...

Navigating a Path to Consent: Court Approves Modified Rooftop Design for Cronulla Development

A recent decision from the Land and Environment Court of NSW (South Cronulla Property Group v Sutherland Shire Council) provides a practical example of how a refused modification application can be successfully resolved through conciliation, even where technical issues like increased building height and overshadowing are raised.Background of the CaseIn August 2023, development consent was granted for a mixed-use retail and residential development at 67 Gerrale Street, Cronulla (the Original...

Property Law Update: Court Clarifies Limits of Easements in Cammeray Garage Dispute

A recent judgment from the Supreme Court of New South Wales provides crucial clarity for property owners regarding the extent of rights granted by an easement, particularly in the context of long-established structures.The case of Thomas v Pearson concerned a dispute between owners of adjoining properties in Cammeray, revolving around a double garage located on the defendant’s land but used by the plaintiffs under an ‘Easement for Support’ created in 1988.The Background: A Garage...

Court Approves Gymea Bay Waterfront Works After Parties Reach Agreement

The NSW Land and Environment Court has approved a development application for new waterfront structures in Gymea Bay, bringing an end to an appeal against its deemed refusal by Sutherland Shire Council.The case was resolved not through a contested hearing, but via a conciliation conference—a facilitated negotiation process between the applicant and the Council that led to an agreed outcome.The Approved DevelopmentThe consent allows for work on crown land adjacent to 72 Ellesmere Road, Gym...

A Family Dispute Over a Will: When Siblings Clash Over an Inheritance

A recent NSW Supreme Court (Doric v Orec [2025] NSWSC 245) case offers a poignant look into how a mother's final wishes can tear a family apart, pitting sibling against sibling in a costly and emotionally draining legal battle.Following the death of their mother, Bozica Orec, her three children—Michelle, Judy, and Darryl—found themselves in a bitter dispute over her estate. The primary asset was the family home in Regents Park, valued at around $1.5 million.The conflict centred on two docume...

Land & Environment Court – What to expect in your Residential DA Appeal

If your development application (DA) has been refused by your local council, you might be considering an appeal to the Land & Environment Court (LEC). This article explains what to expect if you're involved in a Class 1 residential development appeal—one that deals specifically with local planning and council decisions on home projects.Before you start anything, it’s essential to seek legal advice. At Harriss Jones Lawyers, we offer a free 30-minute consultation where one of our solicito...

Tree Disputes – Lessons from Roberts v Ho

We love our trees. They provide shade, they can help protect from wind damage, they can also be a home to some great wildlife like possums and birds. According to the Department of Agriculture, Australia is home to approximately 2,500 species of native trees. But they also have their downsides, particularly when it comes to a tree on a neighbouring property, or a tree on our own property that a neighbour takes issue with.When you have a dispute with a neighbour (or they have one with you) about ...

Building a new home? Here’s what legal obligations you have.

Congratulations, you’ve bought a new property, and you’ve saved your pennies to have your new home designed, the old house knocked down, and your dream home built from the ground up. Before you get started, you should be aware of what legal obligations you have and what legislation will dictate the directions your home design takes.Firstly, you should be aware of the potential legislation and regulations which might impact your development. In New South Wales we have a hierarchical structure...

Testamentary Trusts - Is it right for you?

For high-net-wealth individuals, estate planning is about more than just dividing assets—it’s about protecting your legacy, providing for your loved ones, and ensuring your wishes are carried out with precision. While a standard will can address basic needs, a testamentary trust offers a more sophisticated and flexible solution, particularly for those with substantial assets, complex family dynamics, or vulnerable beneficiaries.A testamentary trust, established through your will, becomes act...

Family provision claims. A case review of Le v Angius; Angius v Angius.

Sitting around the family dinner table, we sometimes have some pretty difficult conversations. None more important however than what is to happen to us after we pass away. Some families do not have these conversations, and if they do it can sometimes lead to arguing.Enter John Angius, who passed away in 2022 and had signed a new will in early 2021. You may have seen some articles about this case, which involved an estate with an estimated value just under $30 million which included a property in...

Changes coming to the Family Law Act

We’ve recently been sharing some of the changes coming to the Family Law Act 1975 (Cth) over the past few weeks. Some of these changes will bring a sigh of relief to those whom they affect, while other changes may have a smaller impact overall.If you are curious about these changes and how they will impact your matter, then hopefully this information will help you and give you a broader understanding overall.Financial & PropertyThe changes will mostly affect those couples going through sep...

Land & Environment Court Disputes – Things to Consider

Living with neighbours is a given, whether you live in the heart of the CBD or the heart of outback Australia, there are always neighbours even when they’re far away. When we live in close quarters of our neighbours, this comes with challenges and sometimes a dispute or two. But not just your neighbours are who you might come in to contact with. If you’ve recently bought a property to do a remodel, or you own and need to update your home, you’ll also be brushing shoulders with your local c...

Understanding ‘Deemed Refusal’ in Development Applications: What Homeowners Need to Know

If you’ve lodged a Development Application (DA) with your local council and weeks (or even months) have passed with no decision, you may be wondering what’s going on — and whether you’re stuck in limbo.In these situations, you may have heard the term “deemed refusal.” But what does it actually mean, and how does it affect your ability to move forward?This article explains the concept of deemed refusal under planning law, what triggers it, how it relates to the Land and Environme...

Foreign Investor Ban - How are you affected?

The Australian property market has seen intense growth in the last few years, which has led to pressure on the Federal Government to curb that growth and make it possible for first-time buyers to enter the property market. Growth in the next year is expected to be around 3%.As of 1 April 2025, the foreign purchaser ban came into effect and means that any person who is not an Australian citizen, permanent resident, New Zealand citizen, or a spouse of those exempted, will no longer be able to purc...

Beyond the Grave: Unique and Unexpected Ways to Rest in Peace

Thinking about what will happen to you after you die isn’t something we often want to tackle head on and look into, but what if we told you there are some really fascinating options you can pick from? You probably still wouldn’t dive into it just yet, so let us do the hard work for you.Not so long ago, you had really only two options. Be buried or cremated. Today however, while those two options are still the primary choices there are many options for what comes after or even variations on t...

Swimming Pools – What is my responsibility when selling or buying?

In Australia we enjoy a good swim, especially on those well-known hot summer days. In 2023, a research study showed that 1 in 7 Aussies lived in a house with a pool or spa.[1] For the rest of us, it’s the local pool or the beach.If you are selling or purchasing a property with a pool, it’s easy to forget your responsibilities and what you need to check to make sure your pool is compliant with your local council. Regulated by the Swimming Pools Act 1992 (NSW), local councils ha...