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Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 3 August 2019. Jason is a self-employed brick cleaner. He owns a ute and all the tools required to complete his work, including a generator needed to power the hose for spraying bricks with hydrochloric acid. While lifting the generator into his ute, Jason injures his lumbar spine and requires physiotherapy for twelve months. He initially ceases work but slowly returns over the twelve-month period. Six weeks after Jason returns to full-time work, he is contracted by Gary on the construction of a two-storey house. While working on scaffolding in the early morning, Jason loses his balance [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 20 July 2019. Jenny commences civil action against her uncle, seeking damages for alleged sexual assaults that occurred when she was 12 years old, some 40 years ago. Jenny is now able to make a claim for compensation due to amendments to the Limitation Act in 2016, that allow an action to be “brought at any time”. Jenny’s uncle makes an application to the Court, seeking that proceedings be permanently “stayed” on the basis that he has now developed advanced dementia and is unable to participate in the proceedings. His solicitor claims that a fair trial is [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 13 July 2019. Martin and Natalie had been married for 50 years. During a period of separation, 10 years ago, Natalie made a will leaving the whole of her estate to their four children. When Natalie is diagnosed as suffering from terminal brain cancer, Martin prepares a new will for her, without the assistance of a solicitor, leaving the whole of her estate to him. When Natalie passes away, her estate is valued at $3 million. When Martin attempts to obtain a grant of probate, the children commence Court action, claiming that the new will is invalid. [...]