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Hypothetical by Manny Wood published on 25 July 2020. After separating from his wife, Peter commences a relationship with Mary in 2006. Mary has few assets and is 25 years his junior. They keep their finances separate. Peter pays the rent and they share the other expenses. Mary undertakes all of the household cleaning and cooking. Mary has a poor relationship with Peter’s three children from his previous relationship. Mary’s three children move-in with Peter. After Peter’s property settlement with his ex-wife is finalised, he purchases a property for $700,000 and Mary and her children move-in with him. In 2016, Peter and Mary enter into a Binding [...]

Hypothetical by Manny Wood published on 18 July 2020. In February 2019, Laura was admitted to hospital for abdominal pain, vomiting and diarrhoea. Upon admission, she underwent blood tests and a CT scan of her abdomen which lead to a diagnosis of Crohn’s disease. She was discharged later that afternoon. Three months later, she was re-admitted due to experiencing an exacerbation of symptoms. She was treated with intravenous fluids and transferred to the general ward. Whilst in the general ward, her family raised concerns with the nursing staff about her ongoing pain. Laura was assessed by the medical emergency team and diagnosed with severe dehydration, a mild [...]

Hypothetical by Manny Wood published on 11 July 2020. In 2018, Denise sought the help of Dr Thompson to become pregnant through IVF. During their initial consultation, Denise advised the Doctor that she did not want a twin pregnancy. Dr Thompson stressed that unless he transferred two embryos, the chance of falling pregnant would be very low. Denise accepted that risk and instructed the Doctor to transfer one embryo only. It was ordinary protocol for IVF patients to instruct the clinic’s embryologist, as well as their Doctor, about the number of embryos they wished to be transferred. The three parties would then have a conference confirming [...]

Published in the Coffs Coast Advocate on 27 June 2020. It is with a sense of sadness that after 329 columns, I write the last Hypothetical that will be published in a physical version of the Saturday Advocate. I want to take this opportunity to thank the Advocate’s staff for allowing me to contribute for almost seven years. I also want to thank the readers for their support and suggestions. If I had not received the positive feedback that I have over the years, I would not have taken the time to write the column every week. […]

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 20 June 2020. As a successful businesswoman, Sally has built up an impressive portfolio worth around $1.5 million.  Sally books an appointment to make a will and tells her solicitor that she would like to split her estate equally between her two children. Sally also mentions that she is concerned about her eldest son, Jim who has been married to Jill for three years, but that the relationship “is looking quite rocky”.  Sally is worried that if Jim and Jill were to separate after Sally died, Jill could make a claim on Jim’s inheritance. Her solicitor suggests [...]

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 13 June 2020. Larry has a child to his first marriage, Ken. Larry is now remarried to his second wife, Michelle. Larry makes a will appointing Ken and Michelle as his executors. He leaves his investment property to Ken and grants Michelle the right to reside in his home, in which they both live, for life. Ken then stands to receive Larry’s home when Michelle ceases to reside in the property. The rest of his estate is split equally between Ken and Michelle. When Larry dies at the age of 80, he has been married to Michelle [...]

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 30 May 2020. Nina and Harry have been in a relationship for 25 years. They have two teenage daughters. During their relationship, Harry worked as a labourer and Nina worked full-time before the children were born and then returned to part-time employment. Nina receives an inheritance of $500,000 from her parent’s estate. Nina and Harry live in Nina’s unencumbered home until their relationship breaks-down and they separate. Harry moves-out and Nina continues to reside in the matrimonial home with their daughters. […]

On 24 April 2020, new legislation came into effect in NSW aimed at protecting eligible tenants under retail and commercial leases. Under the new Retail and Other Commercial Leases (COVID-19) Regulation 2020, between 24 April 2020 and 25 October 2020, if a tenant of a retail or commercial lease fails to pay rent, fails to pay outgoings (like rates, strata fees, etc), or is not open for business during the hours specified in the lease, the landlord cannot (among other things): […]