http://www.hjlaw.com.au/blog/ The latest Blog feeds from www.hjlaw.com.au en-us Thu, 25 Jun 2026 17:46:53 +1000 Rocketspark http://www.hjlaw.com.au/blog/post/12925/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... Thu, 25 Jun 2026 12:22:59 +1000 http://www.hjlaw.com.au/blog/#post12925 http://www.hjlaw.com.au/blog/post/12880/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... Fri, 19 Jun 2026 15:50:38 +1000 http://www.hjlaw.com.au/blog/#post12880 http://www.hjlaw.com.au/blog/post/12879/understanding-the-family-courts-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... Fri, 19 Jun 2026 15:24:58 +1000 http://www.hjlaw.com.au/blog/#post12879 http://www.hjlaw.com.au/blog/post/12877/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,... Thu, 18 Jun 2026 15:37:54 +1000 http://www.hjlaw.com.au/blog/#post12877 http://www.hjlaw.com.au/blog/post/12865/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... Thu, 11 Jun 2026 13:52:40 +1000 http://www.hjlaw.com.au/blog/#post12865 http://www.hjlaw.com.au/blog/post/12864/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 ... Thu, 11 Jun 2026 13:30:30 +1000 http://www.hjlaw.com.au/blog/#post12864 http://www.hjlaw.com.au/blog/post/12863/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... Thu, 11 Jun 2026 12:30:01 +1000 http://www.hjlaw.com.au/blog/#post12863 http://www.hjlaw.com.au/blog/post/12822/can-an-aged-care-home-apply-to-control-a-residents-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... Thu, 04 Jun 2026 12:21:32 +1000 http://www.hjlaw.com.au/blog/#post12822 http://www.hjlaw.com.au/blog/post/12821/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... Thu, 04 Jun 2026 12:05:49 +1000 http://www.hjlaw.com.au/blog/#post12821 http://www.hjlaw.com.au/blog/post/12820/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, ... Thu, 04 Jun 2026 11:39:29 +1000 http://www.hjlaw.com.au/blog/#post12820