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When a Diary Entry Becomes a Legal Will

The storyKenneth Warren Young was 85 years old when he died on 24 August 2022. He was divorced, had no children, and as far as anyone could find, had never made a formal will. He lived alone in Maroubra, Sydney.After he died, his niece Anthea found a notepad sitting on the armchair in his home where Kenneth used to sit. Inside it were three handwritten pages. They weren't a will in any conventional sense. They were the private writings of an old man on two nights, years apart, when he'd felt unw...

Future of AI Use in Law

The use of Generative Artificial Intelligence (‘Gen AI’) has become almost omnipresent in our world. Well known AI tools such as ChatGPT, which was only released in 2022, have rapidly evolved and have the ability to do things we would not have imagined just 10 years ago.The use of Gen AI can work as a transformative tool for the legal system, making processes cheaper, quicker and more accessible, but it must be used with caution. The regulation of technological processes, in particular, AI, ...

Monthly Insights at Harriss Jones Lawyers – March 2026

We’ve reached the end of another month at Harriss Jones Lawyers and as always, we’ve been busy helping our valued clients get through their key milestones of life. New home purchases, estate planning and handling the emotional process of deceased estates, we are thankful that our clients choose us for whatever they’re needing support with.On 10 March, Kathryn attended the all-day family law event at Elouera Surf Life Saving Club. This year’s seminars included presentations from Senior Ju...

Changes to NSW Planning Laws

There has been significant reform in recent months to the Environmental Planning and Assessment Act (1979)(the EPAA) with the most recent changes coming into force on 21 March of this year. These changes are set to streamline the process for section 4.55 modification applications.Forming part of the Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 the changes which have now come info force will provide property owners who have gone through the development appli...

Surrogacy Law in New South Wales

If you are considering surrogacy, it is important to understand the rules in place to ensure the protection of all parties involved, that your arrangement is secure, and the best interests of the child are paramount.What is surrogacy and how is it regulated?Surrogacy is a process where a woman agrees to carry and give birth to a child on behalf of another person or persons. It is a great pathway for families who cannot conceive or carry the child themselves.In New South Wales, the process is reg...

Retails Leases - Things You Need to Know

Retail lease agreements are not standardised in the same way as your residential rental lease. Often parties will obtain their own legal representation to assist them with drafting or reviewing and amending a retail lease and you as the lessee should engage a lawyer in order to review the lease and any special conditions which may be contained in the document. The formation of retail leases is legislated in NSW under the Retail Leases Act 1994 (The Act) which also has some key items you should u...

When the Past Poses a Present Risk - A Lesson in Parenting Appeals

In a recent decision, the Federal Circuit and Family Court of Australia (Division 1) dismissed an appeal by a former step-father against parenting orders that significantly limited his time with his former step-child.The case, Myrtle & Myrtle [2026] FedCFamC1A 23, serves as a powerful reminder of how courts assess the risk of family violence, the importance of being truthful in evidence, and the high bar for successfully appealing a parenting decision.What Was the Case About?The case co...

The Influencer Estate

A generation ago, estate planning centred on homes, superannuation and personal effects. Today, a person’s most valuable asset may not sit in a safe or a filing cabinet, it may sit behind a password.From monetised YouTube channels to cryptocurrency wallets and brand-driven Instagram accounts, digital assets are no longer peripheral to an estate. For some Australians, they are the estate.A recent survey conducted by the NSW Trustee and Guardian revealed:·      &nb...

Simplifying Court Costs - How do courts decide who pays the others costs?

For anyone involved in court proceedings, the final judgment is not the end of the story. Once the arguments are over and the verdict is in, a crucial question remains: who pays the legal bills?The recent Supreme Court of NSW case of Bushell v George [2025] NSWSC 1347 provides a perfect, real-world example of how a court navigates this tricky question, especially when the results are mixed. Siblings James and Hannah both sued their late father’s estate, but with very different l...

Estate Litigation: Can you sue a doctor for causing a will dispute?

The New South Wales Court of Appeal has recently weighed in on a complex and developing area of law: whether an executor can sue a medical professional for negligence after a testator (the person making the will) loses capacity.If you are an executor or a beneficiary dealing with the fallout from disputed wills and mounting legal costs, this case provides a crucial insight into how the courts are handling claims against the professionals involved in a testator's care.The Case in BriefThe case in...

Monthly Insights at Harriss Jones Lawyers - February

It is once again time for our monthly newsletter. February has been a busy month and we’ve gotten off to a great start for 2026. We can’t believe we are already two months into the new year!If you haven’t met her already, our new receptionist Nicole started in January who is already getting to know our valued clients, and assisting them through their journey with whatever milestone they are navigating. Nicole will be the consistent friendly face upon your arrival at our office. Welcome Nic...

Understanding NSW LEPs: Part 2 in Our Guide to Planning Law in NSW

In case you missed it, we recently explored Development Control Plans (DCPs) and how they influence development outcomes within a council’s area. While DCPs are important, they are not statutory instruments. In Part 2 of our series, we turn to Local Environmental Plans (LEPs) — the primary legal framework that governs land use in New South Wales.What is an LEP?A Local Environmental Plan (LEP) is a statutory instrument that applies to all land within a local government area. It divides land i...

Key Appeal Decision: Court Orders New Trial in High-Conflict Parenting Case

Case: Jefford & Kaluza [2026] FedCFamC1F 281Case OverviewThe Federal Circuit and Family Court has allowed an appeal against parenting orders that completely severed a father’s relationship with his two young children. By a 2-1 majority (Hogan and Jarrett JJ, Altobelli J dissenting), the Court found the original trial judge made critical errors in assessing whether the father posed an “unacceptable risk” of sexual harm to the children.The Court ordered a complete retrial befor...

Deceased Estates and Property – What are your options?

Griffith University recently authored a report that shows over the next 20 years there will be an estimated $3.5 Trillion in wealth that will transfer through inheritance. For many, that will include a property (or two) and while it’s not front of mind, the first instinct for executors and beneficiaries alike is to sell it.A house in your inheritance can be an emotional and financial burden, but also a tax burden if not dealt with quickly in some circumstances. For example, Capital Gains Tax (...

Harriss Jones Lawyers obtains consent for Kirrawee Garage Project After Neighbour Support & Negotiation

Following a successful conciliation, the NSW Land and Environment Court has approved a development application for a home in Kirrawee, overturning Sutherland Shire Council’s initial refusal.The Project: The application sought consent for construction of a detached double garage with a green trafficable roof, landscaping and front fencing within the boundary setback of the property. The site, on a corner block in the street, had previously been subject to unauthorised excavation and constr...

Navigating Risk and Rebuilding Trust in a Complex Parenting Case

A recently published decision from the Federal Circuit and Family Court of Australia (Sinisi & Barbas [2024]) provides a powerful example of how the court balances a child’s right to a relationship with both parents against legitimate concerns for their safety and wellbeing.The case involved a four-year-old girl, X, who lived with her Mother in Tasmania. Her Father, who lived in Sydney, sought increasing unsupervised time and a role in decision-making. The Mother, however, was deeply oppos...

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...

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...

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...

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?

We love a swim in Australia, especially on a hot summer day. Research from 2023 found that 1 in 7 Australian homes have a pool or a spa*. For everyone else, it's the local pool or the beach.If you're buying or selling a property with a pool, it's easy to overlook your responsibilities, and what your local council needs to see before your pool is considered compliant (meeting the required safety standards). The Swimming Pools Act 1992 (NSW) sets the rules. Under this Act, your local council has t...