Author: KP Carmody & Co - The Hilltops Phoenix

KP Carmody & Co

KP Carmody & Co takes pride in our client to solicitor relationship and is dedicated to our clients best interests. KP Carmody & Co are experienced in conveyancing, wills and deceased estates, family law, litigation, liquor licensing, leases, local court, small business dealings, and estate planning.

PH: 02 6382 3183

79 Lynch Street, YOUNG NSW 2594 – 20 Neill Street, HARDEN NSW 2587

Special Interests

Young

Harden / Murrumburrah

13-07-2023

Onus & Burden of Proof

In a criminal trial, the burden of proof of guilt of the accused is placed on the Crown. That onus...

Special Interests

10-08-2023

Demerit Point Reduction Trial

10-08-2023

The existing system for demerit points allows that after a period of 3 years any demerit points will no longer...

Special Interests

09-11-2023

Powers of Attorney Conditions and Limitations

Previous issues have dealt with capacity of the principal or grantor of the Power of Attorney and the scope of...

Special Interests

09-02-2023

Powers of Attorney: Scope of Attorney’s Authority

09-02-2023

When we talk about an “attorney” we are not talking about a lawyer. An attorney appointed under a Power of...

Special Interests

Across The Hilltops

10-11-2022

Buy Now Pay Later: Beware the Burdens

Most of us are familiar with the idea of Buy Now Pay Later (BNPL) transactions offered by companies such as...

Special Interests

08-09-2022

Mental Capacity Assessments to Ensure Valid Legal Transactions

08-09-2022

While there is a basic common law presumption that every adult person has mental capacity to make their own decisions,...

Special Interests

11-08-2022

Beware unfair general security terms when dealing with SME’s - With KP Carmody

In the recent decision of Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 2014, handed down on 11 March...

Special Interests

14-07-2022

First Home Buyer Choice With KP Carmody

14-07-2022

A new housing package has been announced under the 2022-2023 NSW Budget to assist First Home Buyers in accessing affordable...

Special Interests

09-06-2022

Modern Wrap Contracts: Agreements & their enforceability

In wake of the covid-19 pandemic, the number of retailers offering products and services online has dramatically increased. With this...

Special Interests

12-05-2022

The new execution regime for companies and directors

12-05-2022

In welcome news for companies and directors, new legislation will come into effect from 1 April 2022 to permanently implement,...

Living and Lifestyle

10-03-2022

Family Trusts and ATO With KP Carmody

On 23 February 2022, the Australian Taxation Office (ATO) issued guidance on discretionary trusts and the application and operation of...

There’s been a spike in youth mental illness this year.

Living and Lifestyle

10-02-2022

Mental Illness as a Basis to Rescind a Contract for the Sale of Land - with kp CARMODY

10-02-2022

A case decided by the Supreme Court of NSW in 2009. In Brennan c O’Meara, Mr Brennan, the vendor, and Mr...

Living and Lifestyle

09-12-2021

Buying and Selling a small business: Confidentiality

A small business is defined as a business with an annual turnover (which includes income but not capital assets, capital...

Living and Lifestyle

08-04-2021

Super death benefit claims where there is no binding nomination

08-04-2021

The governing rules of most superannuation funds allow a member to nominate who receives their benefits if they die (known...

Across The Hilltops

11-02-2021

Small Business Restructuring Process

What is the Small Business Restructuring Process (SBR)? On 1 January 2021 some of the most significant changes to insolvency law...

Living and Lifestyle

14-01-2021

Elder Law & Succession

14-01-2021

space Appointment of dividend By her last will Vivienne Ross gave her shares and other interests in any companies to Hopi Markin....

Living and Lifestyle

10-12-2020

Bank acts to prevent elder abuse

The customer opened a Westpac bank account and added the complainant as a signatory. Four years later, in July 2019,...

Living and Lifestyle

10-09-2020

Home-made administration of home-made will

10-09-2020

Thomas Marlow made a homemade will in 2002 with the following: “I give the residue of my estate to my...

Angus has the last bark on strata by-law

Living and Lifestyle

12-11-2020

Harsh, unconscionable, oppressive: Angus has the last bark on strata by-law

On 12 October 2020, the NSW Court of Appeal handed down its decision in Cooper v The Owners – Strata...

Living and Lifestyle

08-10-2020

Elder Law & Succession part 2

08-10-2020

Allegation of testamentary fraud The court in The Estate of Milan Zlatevski; Geroska v Zlatevski [2020] NSWSC 250 (Henry J) granted...

Living and Lifestyle

09-07-2020

Easements by Force

When will an application to Court for an easement be successful? If a person is unable to negotiate an easement with...

Boorowa

11-06-2020

The dangers of lending to loved ones

11-06-2020

Given the costs associated with the acquisition of real estate in the current market, it is becoming common for parents...

Living and Lifestyle

12-03-2020

Family Law

No property order for husband who had effectively been supported by wife and her parents during six-year cohabitation. In Babray [2019]...

Living and Lifestyle

09-04-2020

NCAT Reinforces Its Position On Pets In Strata Schemes

09-04-2020

In the recent decision of Roden v The Owners-Strata plan No 55773 [2019] NSWCATCD 61 (Roden Decision), the NSW Civil...

Living and Lifestyle

14-05-2020

Husband and wife ordered to meet bankrupt company’s employment entitlements

Liquidating a company won’t necessarily avoid husbands and wives from back-paying employees out of their own pockets. In FWO v Sinpek...