In the world of law, where justice is the ultimate pursuit, certain principles are sacred. For any legal practitioner, these are not just guidelines but the very bedrock of their profession. At the very top of this list are three golden rules: never lie to the court, do not mislead the court, and certainly, do...
ConveyancingPropertySelling the Unsellable: How Full Disclosure Unlocked Value in Solomon Heights, Melbourne’s ‘Zombie Subdivision’
28 July 2025
A Century-Old Riddle: The Challenge of Selling “Unsaleable” Land In the complex tapestry of Melbourne’s property market, few areas present a more tangled and seemingly hopeless case than the Solomon Heights Estate in Sunshine North. Described in a recent feature by The Age as Melbourne’s “worst case of urban blight” and a “zombie subdivision,” it...
Mental health challenges facing Australian judges Behind the solemnity of the bench and the authority of the gavel lies a deeply human experience. Judges and magistrates frequently confront harrowing facts, apply complex legal principles, and deliver decisions that shape lives. This responsibility comes at a cost to mental health. NSW Chief Justice Andrew Bell has recently...
LeasesPropertyUncategorisedIs Your Commercial Lease Secretly a Retail Lease? A Victorian Landlord’s Guide
24 July 2025
It’s a scenario becoming all too common across Victoria: a landlord and tenant sign what appears to be a standard commercial lease. All seems well for years until a dispute arises, or the tenant, facing rising costs, makes a startling claim: the lease is, in fact, a retail lease governed by the Retail Leases Act...
ConveyancingLeasesPropertyVCAT Strikes Down Exit Fees in Victorian Land Lease Communities: What This Means for Retirement Housing Law
23 July 2025
Introduction: A Game-Changing Decision for Victorian Retirement Housing On 7 July 2025, Victorian Civil and Administrative Tribunal (VCAT) President Justice Ted Woodward delivered a landmark ruling that fundamentally challenges the business model underpinning Victoria’s land lease community sector. In proceedings brought by over 80 residents of the Wollert Lifestyle Community against Lifestyle Management 2 Pty...
Estate PlanningProbate & WillsWhy DIY Wills Are a Recipe for Disaster: The Hidden Dangers That Could Destroy Your Family’s Future
23 July 2025
Published by Hayton Kosky Lawyers – Melbourne’s Trusted Estate Planning Experts Since 1991 When Sarah’s father passed away last year, she thought his handwritten will would be straightforward to execute. After all, he’d carefully listed his assets and named his beneficiaries in what seemed like clear, simple language. Twelve months and $45,000 in legal fees...
Probate & WillsUncategorisedIntestate 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...
TrustUncategorisedChoosing 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,...
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 PossessionPropertyAfter 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...
