Pandemic or Prejudice: FPA hearing vacated amid COVID-19 (ACT)

I sincerely hope this reaches my readers, followers, and passers-by in a situation where they are safe and well during this tumultuous time in the world! For those in litigation, your practice is changing daily as we wait (and wait) for certainty (if it is ever arrives!); and those hearings aren’t going anywhere.. or are…

Conduct that disentitles: son’s application for FPA fails (QLD)

When someone contests a Will after being left out or not getting what they feel is their fair share, it’s more often than not that the surviving family want to suggest that that person’s conduct doesn’t entitlement to more, or sometimes anything. This is what us #lawnerds term as “disentitling conduct” in the context of…

Thank you for making me a Finalist

Last Friday afternoon, I received a very surprising and humbling email that informed me that I was a Finalist in the Queensland Law Society Awards for Proctor – Best Feature Article Award for 2020 for my piece called “New Principles for Decision Makers: Bill addresses conflict transactions and more” which appeared in May 2019. The…

Failing

Let’s face it, failing is something that will happen to all of us (and multiple times); it’s a fact of life. We also all need a little pick-me-up when we’re mourning the loss of the goal we set our sights for. This is a bit of an ode to those experiencing their own version of…

Changes afoot

A little while ago, I started writing a few posts on things other than cases in succession and elder law (I know, crazy right?!). These articles were drawn out from a love of helping people, just like those of my case updates. I decided to finally publish these cases on this blog. It’s a bit…

Authenticity

authenticity (noun) the quality of being real or true: Recently I gave a presentation to some lovely people that involved some talk about authenticity. Granted, it was in the context of marketing, but the message was/is, in my view, still very important. In the beginning steps of learning more about myself, both my personal and professional selves, I found that I…

Spend the time

Is there someone in your workplace or law land world that you don’t really get or struggle to work with? Do they make your work difficult or are they always at odds with you? I think it’s safe to say that it happens to all of us. What you do to work with these people…

Danger Zone: costs against plaintiff in FPA in small estate (NSW)

Family provision claims in small estates is an inherit danger zone for claimants and lawyers. The recent case of Wengdal v Rawnsley [2019] NSWSC 926 has demonstrated this again where Justice Hallen has ordered that the plaintiff’s claim be dismissed and the plaintiff pay the defendant’s costs on the ordinary basis. In this case, the deceased…

The introverted lawyer

It is quite possible that most people think, when they think of lawyers, that lawyers are extroverts arguing with judges in front of a whole room of people and yelling “You can’t handle the truth!” (reference to the movie “A Few Good Men”, if you’re not up your movie quotes!). It’s probably safe to say…

Being a good human

There are days that are going to be really hard to get through. That’s a fact. What you do with that day, the feelings you feel, the decisions you make, the lessons you learn, even the anger you harbour; that is your choice. In the adversarial environment that is, more often than not, the law, it’s easy…

Leadership is…

Leadership is a lot of things and is not a lot of things. People have different ideas of leadership and it can often be a negative experience with an employer/boss that teaches us what we feel leadership really is and what it’s not.  If we desire leadership in our own futures, it may also inform us what kind of…

Mistakes and reflection

Mistakes have an indeterminable value, despite whether you make them yourself or not. “Learn from the mistakes of others. You can’t live long enough to make them yourself” – Eleanor Roosevelt Reflection is a beautiful and powerful thing. There is a gut-wrenching feeling that one can experience that is unique to a mistake of your own…