Is the Property Really Part of the Estate? Why the Name on Title May Not Be the Final Answer
By Sofia Saad When someone dies, identifying their estate may seem straightforward: check what was registered in their name and include it in the asset pool. But legal ownership and...
What Is the Property Worth? Why Guesswork Can Derail a Family Law Property Case
By Sofia Saad “My former partner says the property is worth $1 million.” That may be their opinion, but an allegation, estimate or figure written in court documents does not...
Selling Property Before Death: Does the Gift in Your Will Still Work?
By Sofia Saad Imagine that your will says a property is to be sold and the proceeds divided among particular beneficiaries. You later decide to sell the property yourself. Contracts...
Property Joint Ventures and Fiduciary Obligations: Lessons from Wang v Yu [2026] NSWSC 1254
By Gorkem Oksuz and Brad Marland Property development joint ventures bring together parties contributing land, capital, expertise and labour towards a shared commercial objective. Where the arrangement is informal, however,...
Combustible Cladding and the Limits of Manufacturer Liability: Federal Court Dismisses Landmark Alucobond Class Action
Case analysis | Construction Law, Product Liability and Australian Consumer Law | October 2026 The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 10) [2026] FCA 351...
The $3.8 Million DIY Will Dispute: What Can Go Wrong with an Online Template?
Online will templates can appear quick, inexpensive and straightforward. The difficulty is that a document may look like a proper will, and may even be correctly signed, while still leaving...
A Gift with Strings Attached: What Happens When a Condition in a Will Is Not Met?
A parent may want a child to remain involved in the family business. A spouse may be permitted to live in a property provided they pay certain expenses. Someone may...
Land and Environment Court Issues Occupation Certificate; Says no Modified CC Required
The Land and Environment Court recently considered whether a certifier was required, prior to issuing an occupation certificate (“OC”), to be satisfied that a construction certificate (“CC”) had been issued...
Beyond the Brief Episode 2: Property Law, Investment Risks and Commercial Insights
Madison Marcus Property Partners Brad Marland and Yuqing Sui discuss property transactions, investment decisions and the importance of practical legal advice in the latest episode of Beyond the Brief. Property...
Testamentary Trusts After the Proposed Trust Tax Changes: What You Need to Know
Australia’s proposed changes to discretionary trust taxation have raised questions for families preparing or reviewing their estate plans. One question is whether a testamentary trust should still form part of...
NSW Housing Pattern Book: The 10-Day CDC Pathway for Low-Rise Housing
The NSW Housing Pattern Book has introduced a new pathway for eligible low-rise residential development, allowing certain projects using approved Pattern Book designs to obtain a Complying Development Certificate (CDC)...
Family Law Orders Aren’t Optional: What Happens When Someone Does Not Comply?
A court order is not a suggestion. But when a former partner misses a payment, refuses to transfer property or does not follow parenting arrangements, the correct next step is...
NSW Retirement Village Law and Commonwealth Aged Care Law: How the Regimes Differ and Operate Together
By Gorkem Oksuz and Brad Marland 1. Scope and trigger of each regime NSW retirement-village law. The Retirement Villages Act 1999 (NSW), together with the Retirement Villages Regulation 2025, creates...
Financial & Property Settlements After Separation: What You Need to Know
When a marriage or de facto relationship ends, one of the most important issues to resolve is how to divide property, debts, and financial responsibilities. This process, known as a...
One Rulebook for Retail Leasing? Treasury Consults on Harmonising Australia’s Retail Tenancy Laws
Australia’s retail leasing framework may be heading towards its most significant structural reform in decades. A new Australian Government, consultation is examining whether the eight state and territory retail tenancy...
When a Sister’s Promise Becomes a Legal Contract: Mills v Dodds
Sometimes the most heartfelt promises, especially from loved ones facing their final days, can echo beyond the grave. In a rare but powerful testament to the enforceability of heartfelt commitments,...
Inherited Property and Capital Gains Tax (CGT): What You Need to Know
When you inherit a property, one of the most important questions is: Will I need to pay capital gains tax (CGT) when I sell it? In some cases, inherited property...
Ageing in Place: How Better Design and Care Can Help Older Australians Stay Independent
By Gorkem Oksuz and Brad Marland Ageing in place is becoming central to how Australians think about housing, retirement living and aged care. But what does it actually involve and...
No Contact for 34 Years: Can an Estranged Adult Child Still Challenge a Will?
Thirty-four years without contact. Nothing left under the will. Case closed? Not quite. In a recent NSW Supreme Court decision, an adult daughter who had not seen her father for...
NSW Rental Law Changes: What Landlords and Tenants Need to Know
By Gorkem Oksuz and Brad Marland Residential tenancy laws in New South Wales have undergone significant reform, affecting how tenancies can be ended, how often rent may be increased, the...
NSW Property and Stock Agent Laws Are Changing: What You Need to Know
By Gorkem Oksuz and Brad Marland NSW has introduced significant reforms to the laws regulating real estate agents, with a strong focus on underquoting, price transparency and agent conduct. The...
NSW Building Bill 2026: Certifier Conflict of Interest Changes
Introduction The NSW Government is rewriting the law applying to the certification of building work. The government introduced the Building (Approvals and Practitioners) Bill 2026 (“The Bill”) into NSW Parliament...
The Building (Approvals and Practitioners) Bill 2026
Increased Liability for Certifiers in NSW The NSW building certification industry is facing one of its most significant regulatory changes in recent history. The Building (Approvals and Practitioners) Bill 2026...
AML/CTF Reforms Are Coming: Why Businesses Should Treat Compliance as a Commercial Advantage
From 1 July 2026, Australia’s Anti-Money Laundering and Counter-Terrorism Financing regime will expand to cover a broader range of professional services and business activities. For many clients, this may...
Supporting Clients Through Uncertainty Following the Closure of Gold Migration Lawyers
The recent news that Melbourne-based migration firm Gold Migration Lawyers has entered liquidation has left many visa applicants facing uncertainty at what is often already a stressful time in their...
NSW Planning Reforms Aim to Fast Track Low-Rise Housing Approvals
The NSW Department of Planning, Housing and Infrastructure has announced the next tranche of new planning reforms originally passed by Parliament in November 2025. This component of the reforms will...
Australia’s latest tokenisation pilot signals something much larger: the convergence of legal, financial and programmable infrastructure. For years, discussions around blockchain and tokenisation have often been framed through the lens...
Family Law and Migration Issues Continue to Converge as Federal Courts Face Growing Pressure
Pressure on Australia’s family law and migration systems continues to intensify, with recent commentary from the Federal Circuit and Family Court of Australia (FCFCOA) highlighting the increasing complexity of matters...
5000+ Lives in Limbo: Australia’s Immigration ‘Last Resort’ Visa Framework Reset
More than 5,000 Ministerial Intervention requests have been closed, finalised or deemed ineligible following the September 2025 reset of the Ministerial Intervention Australia framework. Those figures, obtained through Freedom of...
The Risks of Using Artificial Intelligence to Solve Your Legal Problems in Australia - Elementor
THE RISKS OF USING ARTIFICIAL INTELLIGENCE TO SOLVE YOUR LEGAL PROBLEMS IN AUSTRALIA The rapid rise of AI tools, particularly large language models and products such as ChatGPT, has changed...
Australian courts have delivered landmark decisions regarding employer responsibilities for employee mental health, particularly in relation to psychosocial hazards in the workplace. These rulings represent an important shift in employment...
Biodiversity and Development NSW: What Developers Need to Know
Madison Marcus recently partnered with the Property Council of Australia Member Briefing and MMJ Wollongong to deliver a presentation on one of the most complex and evolving areas of New...
As the year unfolds, we continue to reflect on the pivotal moment that first put flexibility at the forefront of people’s thinking, the COVID‑19 pandemic. COVID-19 fundamentally altered how we...
Madison Marcus Recognises Appointment of Paul Vergotis to Specialist Accreditation Board
Madison Marcus recognises the appointment of Paul Vergotis to the Specialist Accreditation Board of the Law Society of New South Wales for the 2026–2029 term. This appointment reflects Paul’s continued...
Employee Termination FAQ: What Employers Must Know
EMPLOYER TERMINATION FAQ: WHAT EMPLOYERS MUST KNOW Terminating an employee is one of the highest-risk decisions an employer can make. Even where there is a genuine reason to end employment,...
Unfair Dismissal Claims and Post-Termination Facts
Unfair dismissal claims often turn on what an employer knew at the time of termination. However, information discovered after dismissal can still play a decisive role. Our firm successfully acted...
Jury Duty Employer Obligations: What You Must Know
Employers often ask what they must do when an employee needs time off to perform jury duty (“the duty”). A recent prosecution of a Sydney bookshop owner highlights why employers...
Madison Marcus acted for an employee of a regional business chain in a complex workplace harassment dispute. The matter demonstrates how early, strategic legal involvement can resolve high-risk employment disputes...
Is Dismissing an Employee Due to Disability Unfair?
From the outset, it is important to note that the Full Bench overturned Justice Kerr’s decision in Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407¹ and sent the case...
Flexible Working Arrangements: Legal Insights for Employers
Questions about workforce flexibility are among the most common raised by our clients. Flexible work has become a significant and evolving area within Australian employment law. In this article, we...
Cross-Border Employment in Australia: A Wake-Up Call for Businesses Using Offshore Labour
Globalisation and technology have revolutionised the way Australian businesses operate. From customer support to back-end legal services, sourcing labour from countries like the Philippines and India has become commonplace. The...
Recovering Debts in the Construction Industry: A Guide to the Contractors Debts Act 1997 (NSW)
Non-payment is an enduring problem in the construction industry. Subcontractors, suppliers and workers frequently find themselves out of pocket when a contractor fails to pay for work done or materials...
Workers Compensation Obligations in Hybrid Work Environments
Hybrid and remote work remain prevalent, requiring employers to manage National Employment Standards¹(NES) obligations with state-based workers’ compensation risks. A South Australian home injury case raises critical questions for NSW...
Permanent Protection Visa Granted After Long-Running Tribunal Review
A permanent Protection visa granted after a long-running tribunal review highlights the importance of strategic advocacy in complex Australian immigration law matters. This outcome followed years of sustained legal representation,...
Commercial Litigator Daniel Ivers Ranked Among Australia’s Top Young Lawyers
Madison Marcus is proud to announce that Associate Daniel Ivers has been named a Finalist in the Dispute Resolution and Litigation (Large) category at the Lawyers Weekly 30 Under 30...
Dubai Chambers, DIFC and Madison Marcus Roundtable: Building Strategic Pathways for Cross-Border Growth
The recent roundtable with Dubai Chambers Australia, the Dubai International Financial Centre (DIFC) and Madison Marcus brought senior decision makers together to discuss trends in financial services, regulatory compliance and...
From ‘I Do’ to ‘I’m Done’: Navigating Divorce the Right Way
Divorce is the legal process that formally ends a marriage. In Australia, we have a ‘no fault’ divorce system, which means the Court does not consider who caused the breakdown of the...
AAC Regional Conference 2025: What to Do When Work Isn’t Listed in an Application
On 4 September 2025, industry professionals from across Australia gathered in Dubbo for the AAC Regional Conference: Certifiers on Safari, held at Taronga Western Plains Zoo. The conference was hosted...
NSW Housing Pattern Book: What does this mean for Homeowners, Developers & Council?
The NSW Housing Pattern Book (Pattern Book) commenced on 30 July 2025 following amendments to the Environmental Planning and Assessment Regulation 2021 (EPA Reg) and State Environmental Planning Policy (Exempt...
WILLS GONE WILD: Claiming Your Fair Share of the Estate
When Inheritance Disputes Arise When a family member passes away, leaving behind a valid Will, you would expect everything to be smooth sailing. The Estate is divided, everyone gets their...
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