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  • Article

    Charitable Bequests - Issues for will makers

    Charities often publish the wording that they recommend be used by a Will maker who wishes to leave a gift to that charity.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    How to finalise your financial relationship or family property settlement effectively…no short cuts allowed

    Your asset pool is determined as at the date of any property settlement or Court Order, not at the date of separation.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    I still call (the United Kingdom) home – UK inheritance tax in Australia

    It is possible to have more than one will and each will should be drafted in accordance with the laws of that country.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Stamp duty on transferring assets of a deceased estate

    How does section 63 of the Duties Act 1997 (NSW) affect the distribution of assets to beneficiaries of a deceased estate?
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The introduction of International Wills in Australia and the persistent challenge of international estate planning

    A will can be one of the most complex and difficult documents, especially where assets or beneficiaries are located across several countries.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    What is the aim of a good Will?

    The aim of a Will is to pass your assets on to those to whom you wish to benefit, so thorough preparation is essential.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Why you should appoint an Enduring Power of Attorney and Enduring Guardian in NSW?

    If you lose capacity and have not prepared either document, an application will need to be made to have these appointed.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Wills and Estates Newsletter – October 2024

    October 2024 edition of our Wills and Estates Newsletter.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Australian National Aged Care Classification (AN-ACC) – Royal Commission into Aged Care Quality and Safety

    The AN-ACC model will use accurate data to discern the individual needs of residents living in aged care.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    High Court decision regarding Safe Zones around abortion clinics: Clubb v Edwards [2019] HCA 11

    A "safe access zone" 150 metres around an abortion clinic allows employees and clients to enter and leave safely.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Good news: Modern Slavery Bill 2018 - Introduction into NSW Parliament

    This Bill will demonstrate the state's strong commitment to the abolition of modern slavery in Australia and overseas.
    AustraliaGovernment, Public Sector
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Goodbye FOI and hello GIPA – Freedom of Information Act 1989 (NSW) has changed to Government Information (Public Access) Act 2009 (NSW)

    The GIPA Act (like the FOI Act) establishes a process to provide access to information from NSW public sector agencies.
    AustraliaGovernment, Public Sector
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    NSW Government encourages more transactions online

    The changes suggest that the NSW Government acknowledges the need to modernise and to embrace a more digital culture.
    AustraliaGovernment, Public Sector
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Australian Immigration Law: What is changing in 2022? (Part 2) – New visa options for Hong Kong and British National (Overseas) passport holders; Australian Agriculture visa

    Part 2 of a summary of the upcoming changes anticipated for Australian immigration law in 2022.
    AustraliaImmigration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    High Court Rejects Novel Commonwealth Defence To Unlawful Immigration Detention

    In Abdel-Hady v Commonwealth of Australia [2026] HCA 17, the High Court unanimously rejected a novel defence advanced by the Commonwealth to a claim for false imprisonment arising from immigration detention later...
    AustraliaImmigration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Vague Travel Insurance Policies – How To Navigate "Rubbery Terms"

    Understanding these terms is crucial for Australian travellers to ensure they are adequately protected.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Australian High Court supports statutory stay on enforcement outside of Australia of Australian judgments

    The Court found that the Bankruptcy Act 1966 is a "stay" for the purposes of s15(2) of the Foreign Judgments Act 1991.
    AustraliaInternational Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Overseas Aid Gift Deduction Scheme: Review

    The Department of Foreign Affairs and Trade is reviewing the Overseas Aid Gift Deduction Scheme Guidelines and Processes.
    AustraliaInternational Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Claims of self-incrimination by sole director in response to an order for production issued to a company

    The production of documents was held to be by the person as an agent of the company, not on his or her own behalf.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Consequential Surgery And The Meaning Of “Injury” Under The Motor Accident Injuries Act 2017: Mandoukos v Allianz Australia Insurance Ltd [2026] NSWSC 911

    The NSW Supreme Court has clarified the definition of 'injury' under the Motor Accident Injuries Act 2017, examining whether surgical removal of bone necessitated by accident-related injuries constitutes a separate bodily injury. The case explores the distinction between therapeutic intent and physical consequences when determining injury classification for compensation purposes.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea

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