The Supreme Court of New South Wales has set aside Racing NSW’s appointment of an administrator to the Australian Turf Club (ATC) in Australian Turf Club Ltd v Racing NSW (No 2) [2026] NSWSC 184. In September 2025 Racing NSW issued a show cause notice to ATC raising concerns about [...]
The Supreme Court has recently dismissed a claim brought by a surviving wife seeking provision from her deceased husband’s estate, on the basis that the wife could not demonstrate financial need. The Court found that her claim for a share of her husband’s estate had no real prospect of success [...]
A recent Supreme Court decision illustrates the risks of settling a building dispute by requiring a builder to “remedy defects” rather than paying money. Even where the obligation to remedy defects is contained in a formal settlement deed, the Court will rarely compel specific performance of building works. In Grech [...]
A recent County Court decision (Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205) is a sharp reminder for estate agents. If an authority is not completed properly, the agency cannot recover marketing fees. In Cellmore, the Exclusive Sale Authority listed advertising costs as “TBA.” The Court found this [...]
Executors are often placed under pressure to settle Testator’s Family Maintenance (TFM) claims to avoid the cost and uncertainty of litigation. A recent Victorian Supreme Court decision shows that not all claims warrant compromise and that courts are willing to protect estates against opportunistic litigation. In Lennan v Chao (No [...]
Retail leases commonly include provisions for the rent to be reset to market value at the commencement of a further term, usually following the exercise of an option by the tenant. In these cases, an independent specialist retail valuer is appointed to determine the current market rent – a process [...]
When a loved one dies, disputes can arise not only about the distribution of their estate but also about the legal validity of their will. Unlike family provision claims which seek to alter the distribution of an estate by adjusting the entitlements set out in the will (discussed in our [...]
Pointon Partners’ regularly advises commercial landlords and property managers on their rights and obligations when a lease is terminated. A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), Cristiano v Prime Kwality Foods Pty Ltd [2025] VCAT 580, is a timely reminder of the legal and financial risks associated [...]
When a loved one passes away, disputes over their will can add further stress to an already emotional time. In Victoria, if you believe you’ve been unfairly left out of a will, or not adequately provided for, you may be eligible to make a Family Provision claim. Who can make [...]
With insolvencies surging by 43% in the quarter ending 29 September 2024, many small and medium businesses — and their owners — are feeling the financial strain. For directors and their families, the impact can be especially severe if personal guarantees are enforced and the family home is used as [...]
