INTRODUCTION The decision of DP (a pseudonym) v Bird [2021] VSC 850 offers valuable guidance for the selection and briefing of expert witnesses, as well as how the Court expects expert witnesses to conduct themselves in the course of forming their opinions. The matter...
Mediation is one of a number of alternative dispute resolution (ADR) processes which aim to encourage parties to resolve legal disputes before proceeding to trial. Though generally a voluntary procedure, the importance of attempting to resolve matters before trial is...
Sorry is a powerful word. For people receiving an apology it can validate and acknowledge their feelings and emotions and can be an important step on the path to healing. In a legal context saying sorry was equated with admitting fault for the incident giving rise to...
In the recent case of Joss v Joss [2020] VSC 424, the Court had to determine whether an a parent who provided for an adult child had a moral duty to continue to do so after his death, even when there was no legal obligation on the parent to do so. Background Peter...
In Victoria, if you are not included as a beneficiary under a Will, you can apply to the Supreme Court of Victoria for provision under Part IV of the Administration and Probate Act 1958 (Vic) (“the Act”). The Act provides that persons eligible to apply are: The...
The death of a loved one is difficult. Unfortunately it can become more difficult should you have been left out of the Will or if the provision made for you in the Will is not what you had expected. The law recognises a basic principle of freedom to testation –...
