Tag Archives: Mosman Lawyers

Mosman Lawyers

Enduring Guardianship

Individuals in NSW may appoint an enduring guardian under the Guardianship Act 1987 (NSW) to make decisions that affect them if they lose their capacity (ie their mental ability to make decisions). More than one enduring guardian may be appointed. The enduring guardian may make personal decisions on behalf of the individual, such as where they should live and what medical services they should receive. The enduring guardian is appointed by lodging a form with the NSW Civil and Administrative Tribunal.

The NSW Civil and Administrative Tribunal may review the appointment of an enduring guardian, either on its own initiative or at the request of a person who holds a genuine concern for the welfare of the individual.

The tribunal can suspend, revoke, confirm or vary the appointment of an enduring guardian.

An enduring guardian is not the same as an enduring Power of Attorney. An attorney appointed under an enduring Power of Attorney may make decisions that affect an individual’s property or financial affairs if they lose their capacity. The enduring Power of Attorney must be validly prepared by a solicitor. It must be registered with the Land and Property Management Authority if the attorney is required to deal with the individual’s property.

For more information visit http://www.ncat.nsw.gov.au/ncat/guardianship/gt_matter_about/enduring_guardianship.html

Lawyers

Sydney, Australia

1300 00 2088

End of Life Decisions, Law and Clinical Practice

Health professionals in NSW may legally assist their patients make end of life decisions. Such decisions have clinical, legal and ethical difficulties. The NSW Ministry of Health in partnership with other expert bodies has developed a website called Planning Ahead, which provides information for health professionals on how to make end of life decisions.

For more information visit http://healthlaw.planningaheadtools.com.au/

Lawyers

Sydney, Australia

1300 00 2088

Justice Connect – pro bono services

Justice Connect provides pro bono legal services to disadvantaged people in Sydney and Melbourne.

For more information visit http://www.justiceconnect.org.au

Lawyers

Sydney, Australia

1300 00 2088

National Pro Bono Resource Centre

The National Pro Bono Resource Centre is an independent organisation that aims to support and promote pro bono legal services in Australia.

For more information visit http://www.nationalprobono.org.au

Lawyers

Sydney, Australia

1300 00 2088

Cancer Council Legal and Financial Planning Referral Services 13 11 20

The Cancer Council NSW offers Legal and Financial Planning Referral Services.

The legal service provides help with wills, powers of attorney, superannuation, credit and debt, mortgages, insurance claims, employment issues and tenancy disputes.

For more information go to http://www.cancercouncil.com.au/31192/get-support/practical-support-services-get-support/legal-financial-support/pac/

Lawyers

1300 00 2088

Daylight Saving

Daylight Saving in NSW begins on Sunday 5 October 2014. Clocks go forwards one hour at 2am.

For further information visit http://www.communityrelations.justice.nsw.gov.au/cru/daylight.html

Lawyers

Sydney, Australia

1300 00 2088

Donohoe v Manly Council [2014] NSWLEC 1197

ON 24 SEPTEMBER 2014, the NSW Land and Environment Court delivered Donohoe v Manly Council [2014] NSWLEC 1197.

The court held that the development consent pertaining to 46 White Street, Balgowlah, may be modified subject to certain directions made by the court.

Lawyers

Sydney, Australia

1300 00 2088

Elderly widow awarded costs in pro bono litigation

In the matter of Mainieri & Anor v Cirillo [2014] VSCA 227 (17 September 2014), the Victorian Court of Appeal awarded costs to the successful plaintiff who was represented on a pro bono basis.

Rita Cirillo sold her property and contributed the proceeds towards her son and daughter-in-law’s mortgage on the condition that she live with them indefinitely and that they take care of her. Her relationship with her son and daughter-in-law later broke down and it was not longer practical for her to remain living with them. When she sought repayment, her son and daughter-in-law alleged that the monies were an out and out gift.

The Court of Appeal held that Cirillo was entitled to an equitable lien or charge over the property to secure repayment with interest.

On the question of costs, there was a dispute over whether or not the Cirillo was entitled to costs as she was represented on a pro bono basis. The court held that the costs payable to her lawyers, Clayton Utz and Dr Glover, were payable under costs agreements that were contingent upon a costs order being made.

Lawyers

Sydney, Australia

1300 00 2088

Neal v R | High Court of Australia | 24 September 1982

ON 24 SEPTEMBER 1982, the High Court of Australia delivered Neal v R [1982] HCA 55; (1982) 149 CLR 305 (24 September 1982).

http://www.austlii.edu.au/au/cases/cth/HCA/1982/55.html

The ethnic or other background of an offender may be a material fact to be taken into account in sentencing.

Dame Roma Mitchell QC | 23 September 1965

ON 23 SEPTEMBER 1965, Dame Roma Mitchell QC was appointed to the Supreme Court of South Australia. She was the first female superior court justice in Australia.

http://www.australianbiography.gov.au/subjects/mitchell/