Brett Hayton, Author at Hayton Kosky

Probate & Wills UncategorisedIntestate Succession NSW: When On-Again Off-Again Relationships Challenge Traditional Inheritance Law

22 July 2025

The recent NSW Supreme Court decision in [case name withheld] presents a fascinating intersection of human complexity and legal categorisation that challenges our traditional understanding of inheritance rights [1]. Justice Peter Brereton’s ruling, which awarded an entire $300,000 estate to a former partner despite their tumultuous nine-year on-again off-again relationship, illuminates the profound difficulties courts...

Trust UncategorisedChoosing Your Business Structure: Company vs. Discretionary Family Trust in Australia

21 July 2025

Deciding on the right legal framework for your business is a cornerstone of long-term success. The choice between a corporate (Pty Ltd) structure and a discretionary family trust is a critical one for Australian entrepreneurs, with significant consequences for your liability, tax strategy, and future growth. While both are powerful options for holding a business,...

PropertyWhen Downsizing Dreams Turn Into Nightmares: The Reality Behind the Promise

19 July 2025

The promise is seductive: sell your large family home, pocket the difference, and move into a sleek apartment where someone else handles the maintenance while you enjoy your golden years mortgage-free. Government incentives sweeten the deal with superannuation concessions and stamp duty breaks. Real estate agents paint pictures of carefree living with resort-style amenities just...

Adverse Possession PropertyAfter Generations of Struggle: Victoria’s First Exclusive Native Title Victory Marks Historic Justice for Millewa-Mallee Peoples

19 July 2025

On a crisp Friday morning in July 2025, as the winter sun cast long shadows across the red earth of the Mallee, three proud First Nations communities received news that their ancestors had been waiting to hear for more than two centuries. In a landmark Federal Court ruling that will forever change the landscape of...

Conveyancing PropertyThe Critical Importance of Professional Contract Review:

18 July 2025

Protecting Property Buyers from Hidden Defect Exclusions When purchasing property, the excitement of finding the perfect home or investment can overshadow one of the most crucial steps in the transaction process: obtaining a professional review of the contract of sale before signing. Overlooking this step can be costly, as many standard contracts contain clauses that...

Adverse PossessionWhen Fences Become Frontlines: How Suburban Boundary Disputes Mirror International Warfare

17 July 2025

In the quiet suburban streets of North Warrandyte, Melbourne, a seemingly trivial dispute over a 26-meter stretch of fence has erupted into a conflict that bears a striking resemblance to some of the world’s most contentious international territorial disputes. The recent controversy involving ABC personality Myf Warhurst and her neighbour Karla Martinez offers a fascinating...

UncategorisedThe AI Trap in Legal Practice: Why Young Lawyers in Australia Risk Career Setbacks from Over-Reliance

12 July 2025

The Underestimated Risk Artificial Intelligence (AI) is transforming legal practice, but the impact differs starkly between generations. While seasoned lawyers leverage AI to augment their capabilities, many early-career Australian lawyers risk professional failure through uncritical dependence on AI-generated content. The core issue isn’t technological adoption—it’s quality control. The ability to assess the accuracy, appropriateness, and...

International UncategorisedAI in Australian Law: Job Killer or Career Maker? A Generational Deep Dive

8 July 2025

The legal world is buzzing with a single, high-stakes question: will Artificial Intelligence be our greatest tool or our replacement? The narrative is often one of anxiety, painting a future where algorithms handle discovery and automated contracts make junior roles obsolete. But here in Australia, a different, more complex story is unfolding. Recent data from...

Estate Planning Probate & Wills TrustPreventing Family Inheritance Disputes: Essential Legal Strategies for Victorian Families

8 July 2025

Inheritance disputes are on the rise across Australia, and Victoria is no exception. With over 10% of wills facing legal challenges and 74% of disputes resulting in modified distributions, it’s essential for Victorian families to plan carefully to protect both their assets and family relationships. The Victorian Legal Landscape Victoria’s succession law is governed primarily...

CriminalGUILTY AS CHARGED: Erin Patterson’s Deadly Deception Finally Exposed

7 July 2025

Justice has been served on a silver platter – and it tastes nothing like death cap mushrooms. After 11 grueling weeks of testimony, a Victorian Supreme Court jury has delivered the verdict Australia has been waiting for: Erin Patterson is GUILTY of murdering three relatives and attempting to murder a fourth with a lunch that...

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