This Christmas might be the last one before new short-term letting rules apply. 

The NSW Government has announced its policy on short-term lettings and has asked for feedback from the public and industry participants by 16 November 2018. 

Christmas is always a time for giving and receiving gift cards or vouchers.  How many times have you received gift cards and then when you get around to using them they have expired? 

Section 12 of the Succession Act 2006 (NSW) provides that a will is revoked by marriage unless that will was made in contemplation of marriage.  Practically, a will made in contemplation of marriage usually contains an express statement to that effect.  This was not the case in the recent Supreme Court case, Re Estate Grant, deceased [2018] NSWSC 1031 and the Court needed to determine whether the testator had made his will in contemplation of marriage.

An interesting question has recently appeared in estate planning.  Can an attorney under an enduring power of attorney make, alter or revoke a superannuation binding death benefit nomination (“BDBN”) for their principal if the principal lacks mental capacity?   By analogy to wills some people may think that an attorney cannot do such acts.  While it is settled in law that a principal cannot delegate to their attorney a power to make, alter or revoke a will, the recent Supreme Court of Queensland decision of
Re Narumon Pty Ltd [2018] QSC 185 shows that in some circumstances an attorney may make or alter a BDBN.  

As advised in our December 2016 Newsletter the Competition and Consumer Act 2010 (Cth) (“the Act”) has been amended to prohibit businesses from imposing excessive credit charge surcharges on consumers.  These amendments came into effect for all businesses on 1 September 2017.