Taylor Smart’s lawyers write on issues that affect you, in Perth, Western Australia and nationally.  If there is a topic that you would like to hear about, please drop us a line.

Disentitling conduct in an estate claim

A court has the power to dismiss an estate claim where the claimant has behaved badly. This is called ‘disentitling conduct’. From time to time in an estate claim, a party alleges that the claimant should not get any more from the estate because of the claimant’s bad behaviour. Or, the deceased may have left.. read more →

Data breach mandatory reporting is coming

The Federal Government hopes to pass the Privacy Amendment (Notifiable Data Breaches) Bill (Bill) by the end of the year.  If passed, the Bill will amend the Privacy Act 1988 (Privacy Act) to introduce a mandatory data breach notification scheme (Scheme). The proposed change At the moment, entities subject to the Privacy Act have to take reasonable.. read more →

Annual leave – take the money and … stay?

Annual leave changes in most modern awards took effect from 29 July 2016. The Fair Work Commission has recently made some far-reaching changes to modern award annual leave provisions.  These changes give flexibility to employers and employees wishing to change their leave arrangements.  They also help to prevent issues with large leave accruals. A large number.. read more →

Estate claims in court, hows and whys

It is always better to avoid estate claims getting to court, but sometimes it is unavoidable. All litigation is stressful, and estate claims are especially stressful.  It is always better for family members to negotiate an outcome rather than have a court make a decision for them. However, court action is sometimes unavoidable. To learn more about the.. read more →