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Strata By-Laws and Renovations

If you’re buying into your first apartment building and you are not already familiar with it, you will no doubt encounter the Strata By-Laws. If you’ve rented in an apartment, you may also have seen these before and not really paid much attention to them unless you needed a new key or swipe card and had to speak with the Strata Manager.What is Strata?When you have a standalone property, you will incur rates and charges for your land and the services that council provide such as garbage colle...

When a Strata Dispute Led to a Financial Management Order

In a recent decision, the NSW Civil and Administrative Tribunal (NCAT) made a financial management order for a man in his seventies, Thomas, after a solicitor brought an application arising from ongoing unpaid strata levies.The case, Thomas (a pseudonym) [2025] NSWCATGD 22, is significant because it clarifies when a creditor or their solicitor has "standing" to bring a financial management application—and demonstrates that financial incapacity can exist even without a formal mental health...

Understanding the Family Court's Approach in Complex Parenting Cases

What This Case Is AboutThis recent Federal Circuit and Family Court decision highlights how Australian courts approach parenting arrangements when there are significant safety concerns. The case involved a young child, X (aged 5), where both parents had mental health diagnoses and there were serious allegations of family violence, substance abuse, and criminal behaviour.The Court's DecisionThe Court made several key orders:Sole parental responsibility was given to the mother for all major d...

Family Loans: When Lending to Relatives

If you are considering lending money to a family member—whether to help with a property purchase, a business venture, or simply to bridge a financial gap—the recent New South Wales Supreme Court decision in Li v Wang (No 4) [2026] NSWSC 668 is essential reading.This case involved a 71-year-old woman who lent money to her brother-in-law, sister-in-law, and niece to help them buy a property in Wolli Creek, Sydney. What followed was a bitter legal dispute that ran for five years,...

Loan Contract Error Lands Business in Court

A recent decision in the NSW Supreme Court serves as a powerful reminder for businesses and lenders alike: strict compliance with the Corporations Act when executing loan documents is not optional. In Parramatta Co-Operative Housing Society v Yabbyland Pty Ltd [2026] NSWSC 656, a lender advanced $430,000 secured by a registered mortgage, only to have the loan agreement declared unenforceable because it was signed by only one director. While the lender ultimately recovered the...

Tree Disputes: How to Navigate Invasive Species Like Bamboo

A recent NSW Land and Environment Court case shows that while you can't always force a neighbour to remove a bamboo hedge, you can get orders for ongoing maintenance, pruning, and fence repairs.For many that are in disputes with neighbours over trees and hedges know they can be complex. This is especially true when the plant in question is a fast-growing, tall bamboo hedge.A recent decision in the NSW Land and Environment Court, Winterthur Pty Ltd v Spring [2026] NSWLEC 1342, provides ...

Trust: An Oral Promise of Property Broken

Neil Whittorn (the deceased) purchased an apartment in Tweed Heads using his own money – around $605,000 from an inheritance. He put the apartment in joint names with his partner, "Ped" (Supaporn Siu), even though she didn't contribute any money toward the purchase.Before and during the purchase, Neil and Ped had an agreement: Ped could live in the apartment for the rest of her life, but when she died, the apartment would go to Neil's two sons (Timothy and Christopher). Ped agreed to leave the...

Can an Aged Care Home Apply to Control a Resident’s Finances?

When unpaid fees pile up and a resident with dementia can’t manage their money, can the aged care facility itself step in and ask the Tribunal for a financial management order?A recent decision from the NSW Civil and Administrative Tribunal (NCAT) says yes – but only if the facility’s primary motivation is the resident’s welfare, not just getting paid.Let’s break down the case of Fiona (a pseudonym) [2026] NSWCATGD 1.The situationFiona is an 82-year-old woman with dement...

The Maze Runner: Kiama Council vs Granties Maze

For decades, John Bruce Grant has fought to keep his beloved “Granties Maze” alive. First, the Kiama Municipal Council said he built attractions without approval. Then the Court ordered him to dismantle them. He didn’t. Now, he has been found guilty of contempt.BROUGHTON VILLAGE, NSW – The hedge maze still stands. The kiosk still sells drinks. But the giant slide, the bumper cars, the archery range, and the “Ninja Walls” – all ordered to be torn down – remain stubbornly in p...

Sibling Rivalry and a $1.1 Million Lesson

When a parent passes away, the grief can sometimes bring out the worst in family relationships. A recent New South Wales Supreme Court case involving two brothers, Lynn and Graeme, is a powerful example of how a mother’s attempt to be "fair" backfired spectacularly, costing the estate hundreds of thousands of dollars in legal fees.If you have a blended family, adult children, or concerns about how a beneficiary manages money, this case offers crucial lessons.The StoryAn elderly mother, Valda, ...

Monthly Insights at Harriss Jones Lawyers - May

As one client has raised with us this month, the year has gone so quickly! We’re at the end of May and we are coming up the end of financial year. Here’s the latest on what’s been happening at Harriss Jones Lawyers this past month.If you’re looking for advice around planning law, our solicitor Seth has been doing monthly seminars with the Planning Institute of Australia. As a member of the PIA, Seth has had access to a range of law-focused planning seminars and has recently completed sem...

Getting a Development Approval Over the Line: The Power of Amendment and Agreement

A recent decision of the NSW Land and Environment Court, JS Architects Pty Ltd v Canterbury-Bankstown Council [2026] NSWLEC 1298, demonstrates how a contested development application can be successfully resolved through negotiation, amendment, and the court’s conciliation process.The case involved a proposed five‑storey residential apartment building in Bankstown. The Council had not made a decision within the statutory timeframe (a “deemed refusal”), so the applicant lodged an...

When “Equal Treatment” Doesn’t Mean a 50/50 Split

A recent decision of the NSW Supreme Court, D’Apice v Passas (No 2) [2026] NSWSC 570, provides important lessons for anyone making a Will, and for adult children who may be contemplating a family provision claim.The case involved a dispute between two sisters over their late father’s estate. The central question was whether the father’s last Will—which left almost everything to his youngest daughter—was valid, or whether it had been made under “suspicious circumstances” t...

Estranged children can still claim a parent’s estate: Lessons from Gould v Bachell

When a parent dies and leaves nothing to their adult children – especially after years of estrangement – those children often feel a second rejection. They may wonder: is there any point in challenging the will? A recent decision of the NSW Supreme Court confirms that estrangement alone is not a complete answer to a family provision claim. However, the Court will also respect the close bonds a deceased person formed with others who were there for them in their final years.The case of Re...

When a Neighbour’s Tree Damages Your Home: What the Wong v Chan Decision Means for You

Dealing with a neighbour’s tree can be one of the most frustrating property disputes. Branches overhang your roof, deadwood litters your garden, and you worry about a large limb falling on your car or, worse, a loved one. You ask your neighbour for help, but you are ignored, denied, or told it is “an act of God.”A recent decision by the NSW Land and Environment Court, Wong v Chan [2026] NSWLEC 1283, provides a clear roadmap for how these disputes are resolved. It also serves as a...

What happens to your estate if you never sign your will?

A 2021 NSW Supreme Court decision offers a cautionary tale about the importance of executing your will, and a reminder that good intentions don't carry legal weight without a signature.The storyPaula Bate spent over 30 years devoted to the Genesian Theatre Company, a well-known Sydney theatre group. She held life membership, and in her final years made clear to friends, family and her solicitor that she wanted to leave her entire estate to the organisation she loved.Her solicitor drafted the wil...

What This Family Court Decision Means for You – A Plain English Guide

The Big PictureThis was a very difficult case. Both parents had problems. Both presented some risks to their children. The judge openly said he had to choose the "least worse option" – not a perfect solution, but the safest one available.If you're involved in family law proceedings, this case shows you how the Court thinks when neither parent is perfect.What the Case Was AboutA mother and father with two young children (aged 4 and 3) could not agree on:Whether the mother could&n...

Conciliation Conference Leads to Consent for Dual Occupancy in Caringbah South

Case Summary: Shelby Brothers Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1247In a recent Class 1 development appeal, the NSW Land and Environment Court has approved an attached dual occupancy development at 13 Waterview Avenue, Caringbah South, following a successful conciliation conference between the applicant and Sutherland Shire Council.The case demonstrates the effectiveness of the Court’s facilitated negotiation process in resolving complex residential development dispute...

When a Handshake Isn't Enough: Court Rejects "Debt Forgiveness Over Lunch" Claim Against Deceased Estate

In a recent decision, the NSW Supreme Court has provided a stark reminder of the difficulties in proving an oral variation to a contract, particularly when the other party is deceased and cannot speak for themselves.The case involved a claim by the executors of the estate of the late Mr David Daley to recover $3.7 million in unpaid loans made to his long-time friend and former business partner, Mr Geoffrey O’Connell. While Mr O’Connell did not dispute receiving the money, he argued that he s...

Monthly Insights - April at Harriss Jones Lawyers

We’ve come to the end of another month at Harriss Jones Lawyers so it’s time for another update on what we’ve been up to.We hope you all survived the Easter holiday period and if you were tasked with keeping the family busy during school holidays, we hope you were able to also get a break of your own.While we don’t have any major updates this month, we do have some news about changes coming which will have some minor impacts on our clients who may be thinking about purchasing property or...

"The Son I Never Had" - Deathbed Wills

If you think getting your affairs in order before Christmas is stressful, spare a thought for the late Andrew Young.Andrew was a 68-year-old disability pensioner from Morisset, NSW. He had a bushy Father Christmas beard, a love for fishing, and a very complicated estate battle that just wrapped up in the NSW Supreme Court.The case, Corbould v Gay [2026] NSWSC 385, is a wild ride involving a forged-looking will, a jailbird best friend, a "situationship," and almost $600,000 in legal fees. Le...

Loan Agreements With Friends or Family

The Big Picture: This case is a cautionary tale about what can go wrong when friends lend each other money, even when they write down a basic agreement. It shows that without a very clear contract, you can end up in court fighting over three main things: 1) Who actually owes the money, 2) How interest is calculated, and 3) How payments are applied.What happened in this case?The Loan: A woman (Ms. Le) lent $380,000 to a friend (Ms. Huang) to buy a house. The borrower’s male friend (Mr...

Interesting and Surprising Wills and Last Wishes

While most people see a Will as just a tool for distributing their assets, they can capture personal, and sometimes surprising, final wishes. From millionaire dogs to ashes in Pringles cans, this article explores some of the unexpected ways people have used their Wills and why it can be worth thinking beyond the basics to ensure your estate planning covers all of your wishes.Providing for a pet: did you know that you can leave money for your pet in your Will? They cannot be a beneficiary, but yo...

Understanding the Courts: Focus on NCAT

If you have ever dealt with a legal matter or simply watched the news, you will have heard references to various courts and tribunals without necessarily knowing what each one does or why it matters to you. For clients navigating wills, estates, and elder law, understanding which body handles which type of dispute can save significant time, money, and stress.This article gives a plain-English overview of the key forums relevant to estates work in New South Wales, with a detailed look at the NSW ...

Importance of Professional Estate Planning

Most people will know that they should put a Will in place to protect their assets, but will not know how best to do this. Post-office Wills or DIY Will kits are a tempting option for many. They are inexpensive, time efficient and accessible. So why go to a lawyer to get this done when it will cost more?Opting to do a DYI Will has numerous potential downfalls. Wording may be unclear and ambiguous, you may fail to meet the formal requirements of a valid Will, and the one-size-fits-all approach wi...