Each May marks the observance of Domestic and Family Violence Prevention Month, a critical initiative dedicated to igniting vital conversations and fostering community-wide awareness regarding the social and personal impacts of domestic violence. In alignment with this campaign, Attwood Marshall Lawyers Family Law Consulting Special Counsel Michael Twohill joined Robyn Hyland on Radio 4CRB to discuss legislative changes, the link between domestic violence and youth crime, and global strategies that may assist Australia in tackling domestic violence.

Law Talks - Michael Twohill - Domestic And Family Violence Prevention Month May 2024

This week on 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Wills and Estates Associate Natalie Comerford sits down with Robyn Hyland to delve into conversations about death and end-of-life planning, ahead of Dying to Know Day on 8th August. 

Dying to Know Day was launched by The Groundswell Project, a not-for-profit organization, in 2013 to raise awareness about the necessity of discussing death and dying. 

As an estate planning lawyer, Natalie brings valuable insights into the challenges and stigmas associated with these conversations. 

In this episode, Natalie and Robyn explore why becoming more death literate is crucial for society. They discuss how better planning for the future can help individuals and their families respond better to dying, death, and grief. 

Natalie emphasizes the importance of having an estate plan in place regardless of age or health status. She also covers key considerations for ensuring your wishes are known when it comes to end-of-life care and planning.

Law Talks - Natalie Comerford - Dying To Know Day

Attwood Marshall Lawyers Estate Litigation Partner, Lucy McPherson, recently joined Robyn Hyland for ‘Law Talks’ on Radio 4CRB to discuss a recent case where a beneficiary refused to accept the gift left for him in his late mother’s Will.

Law Talks - Lucy McPherson - Disclaim Gift

In this episode of "Law Talks", Attwood Marshall Lawyers Wills and Estates Associate Natalie Comerford sits down with Robyn Hyland to discuss the growing trend of early inheritance, or what some call the concept of “dying with zero”.

With more families choosing to gift assets to their children or grandchildren while they are still alive, it’s a topic that is becoming increasingly relevant.

In their discussion, Natalie highlights the benefits of this approach, such as helping the next generation get ahead financially. However, it’s crucial to understand that early gifting isn’t without its pitfalls. Without proper financial and legal advice, what seems like a generous gesture can lead to unintended consequences, such as tax implications, financial hardship later in life, or even family disputes. 

This episode is essential listening for anyone considering early inheritance or wanting to better understand how to structure their estate plan. Whether you plan to leave behind a significant legacy or share your wealth during your lifetime, understanding the pros and cons of these choices, and the importance of proper estate planning, is key to making informed decisions that honour your intentions.

Law Talks - Natalie Comerford - Early Inheritance

This week on 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Wills and Estates Partner Angela Harry sits down with Robyn Hyland to talk about the things to consider when changing your Will.

Angela shares a news story that recently made headlines, involving a mother who, as her health declined in her later years, changed her Will to favour one daughter who had selflessly taken on the role of primary carer. 

Before changing the Will, the mother’s plan was to distribute her estate in equal shares among her three daughters. However, the two other daughters had distanced themselves from their mother, not contributing to her care in any way. 

This is a common scenario seen all too often, and many parents in this situation want to change their Will later in life to reflect the additional contributions of one child over another.

However, it is crucial to be aware of potential pitfalls when making such changes. Understanding these pitfalls and structuring your estate plan properly is key to ensuring your wishes will be upheld.

Law Talks - Angela Harry - Changing Your Will Later In Life

On Friday 16th August, ABC News Presenter Laura Tchilinguirian interviewed Attwood Marshall Lawyers Legal Practice Director Jeff Garrett about a significant legal case involving Disney World in the United States. 
The case centres on Disney’s argument that a man cannot sue them over his wife’s death, which occurred after she suffered a fatal allergic reaction when eating at a restaurant within the Disney World Park in October 2023. 
Disney is defending itself by citing the terms and conditions of the Disney+ app, which the widower of the deceased subscribed to during a one-month free trial in 2019. These terms and conditions require that any disputes be resolved through arbitration rather than through the courts. 
In this interview, Laura and Jeff delve into how arbitration works, why Disney is fighting for this method instead of a court trial, the connection between the Disney+ app’s terms and conditions and the wrongful death incident, and what consumers should be mindful of when agreeing to terms and conditions.

ABC Radio - Disney Wrongful Death Interview With Jeff Garrett 16.08.24

This week on 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Wills and Estates Partner Angela Harry sits down with Robyn Hyland to talk about the role of an executor and potential issues that arise when an executor wishes to purchase property from the estate they are managing.  

Executors must understand the rules of self-dealing estate assets, and their fiduciary duty to act in the best interests of the estate and its beneficiaries. 

The desire of executors to purchase an estate property is becoming more common, often driven by a combination of sentimental value and investment opportunities in a strong property market. However, when an estate, particularly one involving property, is left to children in equal shares, conflicts often arise when one beneficiary seeks to buy the property from the others.

In this episode, Angela explains how potential issues can be mitigated by Will-makers when drafting their Will. If a Will-maker suspects that their chosen executor may wish to purchase the family home from the estate, they can include provisions in the Will to facilitate this.

Law Talks - Angela Harry - Self Dealing As An Executor

Attwood Marshall Lawyers Legal Practice Director Jeff Garrett sits down with Robyn Hyland to discuss the growing risk of being scammed in Australia.

In the first five months of 2024 alone, Australians lost over $92 million to scams, according to Scamwatch. This alarming figure highlights the importance of raising awareness about the issue.

Jeff and Robyn delve into some of the most prevalent scams currently targeting Australians, including phishing scams through fraudulent emails posing as reputable companies, scammers fraudulently accessing online government accounts, and text message scams that prompt victims to pay unpaid tolls or confirm a delivery from Australia Post.  

In this episode, Jeff offers valuable insights into how people can protect themselves from scams and outlines the steps to take if you’ve fallen victim to a phishing scam.

In some cases, legal recourse may be available if you’ve lost a significant amount of money to a phishing scam, particularly if an organisation, such as your bank, failed to protect you or adequately inform you about the risks of ongoing scams.

Law Talks - Jeff Garrett - Beware Of Scammers

On 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Legal Practice Director Jeff Garrett sits down with Robyn Hyland to discuss National Child Protection Week and explore how lessons from the past can guide us in better protecting children today and in the future. 

National Child Protection Week runs from 1 to 7 September 2024, with the key message: ‘Every child in every community needs a fair go’.

This year’s theme is ‘Every conversation matters’. In this spirit, Jeff and Robyn discuss the significance of National Child Protection Week, the devastating impact of historical institutional abuse on too many Australians, and the changes made over the years to safeguard children from abuse.

It often takes victim-survivors decades to come to terms with the abuse they suffered as children and to feel ready to tell their story. 

For those seeking justice, the National Redress Scheme was introduced to help people access redress and connect with free confidential support services. Alternatively, victim-survivors can seek independent legal advice from a compensation lawyer, who may help them pursue a claim that better reflects the harm they’ve endured.

While no amount of compensation can erase the trauma caused by abuse, seeking redress can be a vital step in coming to terms with what happened and gaining acknowledgment of the wrong done.

Though it’s an uncomfortable topic, it’s an incredibly important one – promoting a safe and supportive life for every child, now and in the future.

Law Talks - Jeff Garrett - National Child Protection Week

On 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Legal Practice Director Jeff Garrett sits down with Robyn Hyland to discuss the growing trend of homeowners and tenants installing surveillance cameras on their properties to protect against youth crime and break-ins.

With advanced technology becoming more accessible, questions arise about the legality of installing such equipment on residential properties and how it may impact your neighbour’s privacy. 

According to RACQ’s claims data, more than $6 million in property was stolen from Queensland homes in 2023, so it’s no surprise that more people are seeking ways to protect their homes and families.

In this episode, Jeff and Robyn explore the legal protections available to individuals who feel their privacy is being invaded by a surveillance camera, the distinction between video and audio recordings, and key considerations for anyone looking to install surveillance equipment to avoid potential disputes with neighbours.

Law Talks - Jeff Garrett - Neighbourhood Surveillance Causing Disputes

In 4CRB’s latest Law Talks episode, Attwood Marshall Lawyers Estate Litigation Senior Associate Martin Mallon sits down with Robyn Hyland to discuss a recent Supreme Court of Queensland case, Wool v Marino [2024] QSC 89, involving a dispute over an informal Will.   The case revolves around the late Erika Kaegi-Fluri, who was survived by her only child.   Although Erika had engaged a lawyer in 2020 to draft a formal Will excluding her daughter – due to a disagreement between them – after her death, a handwritten note was found indicating Erika’s intention to leave her estate to her daughter after all.   The daughter applied to the court, seeking an order to recognize the handwritten note as Erika’s true last valid Will.   However, the executor named in the 2020 formal Will opposed the application, arguing that the note merely expressed Erika’s possible intentions rather than a revocation of her previous Will and execution of a new Will.   Additionally, questions were raised regarding Erika’s testamentary capacity at the time the note was written, further complicating the case.   In this episode, Martin and Robyn delve into the legal issues surrounding informal Wills and how the courts assess such documents. They also examine the court’s reasoning in this case, which included the judge’s analysis of the handwritten note’s language and intent. Ultimately, the court was not convinced that Erika intended the note to serve as her last Will and testament. 

Law Talks - Martin Mallon - Issues Surrounding Informal Wills

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Law Talks - Michael Twohill - Domestic And Family Violence Prevention Month May 2024

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