The Latest from O’Hearn Laywers

How long do I have to live with someone to be in a defacto relationship?

Family Law

News

How long do I have to live with someone to be in a defacto relationship?

How long do I have to live with someone to be in a defacto relationship? De facto relationships aren’t simply based on a timer. It’s widely believed that you have to be living with someone for at least 2 years to be classified as a defacto couple under the Family Law Act. However, living together…

25 November 2025

News

But she promised I could have the farm when she died! – Problems with Promising Property

Have you been promised a property or other gift when someone dies? Or are you the one making those promises? The High Court recently considered what happens when a person promises to leave a farm to someone in their Will but doesn’t follow through. Spoiler alert: verbal promises can carry real legal weight, even if…

20 November 2025

News

Scaling Businesses Safely: Five Legal Risks that come with growth and what you can do to stay ahead of it

Why does growth bring new legal risks? Growth in business is exciting. It is the payoff for years of hard work and smart decisions. But growth doesn’t just bring new opportunities. It reshapes the risks you face. Often the biggest risks are not the obvious ones. They are the ones hiding in contracts, people decisions,…

13 November 2025

News

Pets as Property – “I’m taking the dog!”

Did you know your pet is property? Sometimes the most precious asset in a family law breakdown isn’t the cash, it’s Rufus the Bulldog. Previously, pets fell into a grey area which could become one of the most contentious parts of a dispute. The Family Law Act was amended in June 2025 to include pets…

11 November 2025

Corporate

Loan Agreements – A Costly “Gift”: When Friendship Meets Finance

In a local lesson on loan agreements, the case of Kempe v Grine [2025] NSWDC 227 began as an agreement between friends, but ended in a courtroom showdown over $300,000—and a lesson in why clear documentation matters. Back in December 2018, Bridget Kempe handed Rosa Grine a $300,000 bank cheque. The deal, according to Kempe,…

9 September 2025

Corporate

High Court Shakes Things Up for Employers: What Every Employer Needs to Know

On December 11 2024, the High Court of Australia handed down a decision that every employer must take seriously. In Elisha v Vision Australia [2024] HCA 50, the Court ruled that breaching your own employment contracts can lead to hefty payouts – this time a staggering $1.44 million. What does this mean for you? It…

23 January 2025

Family Law

Can an estranged family member still get inheritance?

When someone passes away, their estate (their money, property and belongings they leave behind) is usually divided among their loved ones according to their will or the law. But what happens if a family member has been estranged – meaning they’ve been distant or out of contact for a long time? Can they still receive…

18 November 2024

News

Welcome Ben Feather!

We’d like to congratulate our newest Law Graduate, Benjamin Feather, on his admission to the Supreme Court of New South Wales, and welcome him to OHL in the Commercial and Litigation team! Ben graduated from the Macquarie University with a Bachelor of Laws (Honours) in December 2022. He was admitted as a solicitor to the…

13 November 2024

Family Law

News

Challenging a Will in NSW

Feel like you’ve been unfairly excluded or not adequately provided for in a Will? Challenging a Will is possible if you believe it is not legally valid under certain grounds for contention, or the financial needs of a dependent have not been met. Such claims are referred to as family provision claims. Below, we’ve compiled…

12 October 2023

Family Law

Guide to same-sex Family Law matters in Australia

Family structures are changing as the legislation around same-sex Family Law evolves and solidifies. In Australia, members of the LGBTIQA+ community can now get married, raise children and separate with many of the same legal protections as heterosexual couples. However, there are still some key distinctions to consider, and as with any Family Law matter,…

15 June 2023

Corporate

What does Employment Law cover?

Employment Law regulates employer-employee relationships within the workplace. Whether you are a worker, manager or business owner, it’s important to know your rights and responsibilities under such legislation. But what does Employment Law cover exactly? Employment Law in Australia addresses a variety of matters, including workplace health and safety, pay, dismissal, discrimination and harassment. These…

20 October 2022

Corporate

How to negotiate the sale of your business

Most business owners negotiate with suppliers, customers and other stakeholders on an almost daily basis. That said, knowing how to negotiate the sale of your business is a whole different game, demanding strategic navigation of complex terms and high-stake decision making. With all sorts of issues being raised during this phase of the selling process,…

16 May 2022

Corporate

What is a commercial dispute and how is it resolved?

A common occurrence in the corporate world, commercial disputes are caused by a range of issues, from contract breaches to intellectual property infringement. If not settled quickly and constructively, these contentions can have a detrimental impact on business reputation, finances and operations. But what is a commercial dispute exactly and how can it be resolved?…

9 May 2022

Property

Abolition of certificates of title in NSW

Conveyancing has taken a huge leap forward in the electronic world, streamlining its process in NSW with paperless solutions under s33AAA of the Real Property Amendment (Certificates of Title) Bill 2021. As a result, the below changes took effect in NSW from 11 October 2021: Paper Certificates of Title and the Control of the Right…

4 April 2022

Property

New laws for pets in strata schemes in NSW

Learn the latest legalities surrounding pet ownership on strata property with O’Hearn Lawyers. With one of the highest rates of pet ownership in the world and a significant shift to apartment living underway, Australia is home to many families seeking to keep pets in strata schemes. And a recent legislative update reflects this trend. The…

1 October 2021

News

Contesting a Will – Part Two

Inadequate provision for proper maintenance, education or advancement in life By Johanna Woodland There was a time when it seemed like all a person had to do to successfully contest a Will and obtain a family provision order, was show that they qualified for and needed the funds. Recently, the Courts have made a point…

27 May 2021

Trusted legal advice for neighbour disputes over trees

Property

Neighbour Disputes Over Trees In NSW

Discover what you can do if a neighbour’s tree damages your property or overhangs your garden By Kris Sun. Neighbour disputes over trees, be they in relation to overhanging branches or potential property damage, are not uncommon in NSW. But with several laws on cutting back neighbours’ trees in place, your situation may not be as…

17 May 2021

News

New protections for builders in owner occupied residential construction

Legal Update – Security of Payments Act & Residential Building Contracts By Johanna Woodland. From 1 March 2021, the Building and Construction Industry (Security of Payments Act) 1999 (NSW) (SOPA) now applies to owner occupied residential building contracts. For a basic outline of the SOPA, click here to view our blog. For the purposes of…

4 March 2021

Family Law

News

Contesting a Will – Part Three

Successes & failures: recent family provision claim cases in NSW By Johanna Woodland Although the Court encourages settlement, many family provision claim cases still go to final hearing. Below are a few recent family provision claims cases in NSW which represent common scenarios – estrangement, blended families and step-children. Family provision claim case study:…

2 March 2021

News

Contesting a Will – Part One

Where there’s a Will, there’s a way. By Johanna Woodland It seems that lately everyone has a friend of a friend whose great uncle Harry’s Will was challenged. However, simply not agreeing with the terms is not a valid reason for contesting a Will. How to contest a Will If someone believes that they have…

8 February 2021

News

Beware of Insolvent Trading – Temporary protections end 31 December 2020

Are you the director of a company? Is your company unable to pay its debts due to Covid-19? Are you considering placing the company into liquidation after the Jobkeeper payments and other stimulus measures cease in 2021? If you have answered yes to the above questions, you need to read this article and obtain urgent…

17 December 2020

News

New Code of Conduct for Short Term Rental Accommodation

New Code of Conduct for Short Term Rental Accommodation – Party Houses could be a thing of the past! By Leah Thorpe & Hamish Thomson. The NSW Code of Conduct for Short-Term Rental Accommodation Industry (the Code) is due to commence on 18 December 2020. What does the Code entail? The Code sets out obligations…

9 November 2020

News

“No pets” strata by-laws ruled oppressive and invalid by the NSW Court of Appeal

By Johanna Woodland and Hamish Thomson New South Wales Court of Appeal Victory for Pet Owners Cooper v The Owners — Strata Plan No 58068 [2020] NSWCA 250 “Cooper” The NSW Court of Appeal has recently handed down its decision in a four-and-a-half-year litigation battle by property owners, Jo and Lee Cooper, to keep their…

15 October 2020

News

The essentials of dividing property after separation

By Tony Burke and Hamish Thomson The breakdown of a marriage or de facto relationship inevitably creates the need for assets to be divided among the separating parties. If an agreement cannot be reached on how to divide the assets, it may be necessary to make an application to the Court for property/financial orders. At…

10 September 2020

News

Just, Quick(er) and Cheap(er) – the upside to COVID 19 in the legal world

Just, Quick(er) and Cheap(er) – the upside to COVID 19 in the legal world By Tony Burke Many people would likely be surprised that an overarching principle of civil justice in NSW “is to facilitate the just, quick and cheap resolution of the real issues in the proceedings”. Recently I was fortunate to co-author a…

9 September 2020

News

Defamation law reform is here – what are the reforms and what next?

Defamation law reform is here – what are the reforms and what next? By Hamish Thomson and Johanna Woodland New South Wales has become the first state in Australia to reform and modernise its defamation law. The reforms introduced in the Defamation Amendment Bill 2020 (NSW) are intended to reduce defamation litigation and aim to…

20 August 2020

News

Property

Benefits of Engaging a Law Firm: What do Property Lawyers Do?

By Leah Thorpe and Leah Reynolds When buying or selling property, careful planning taking into account all of your circumstances is key. O’Hearn Lawyers ensure our clients take a comprehensive legal planning approach when dealing with real estate. By combining the specialised knowledge of our licensed conveyancer together with the broad knowledge of our property…

3 July 2020

WorkPac v Rossato - Implications for long-term casual employment

Corporate

News

WorkPac v Rossato – Implications for long-term casual employment

By Morgan Quaife. The recent decision handed down by the Full Federal Court in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 could see many thousands of casual employees claiming entitlements such as annual, sick and compassionate leave and public holiday payments. While this decision will undoubtedly be welcomed by casual employees across all…

29 May 2020

Parenting Arrangements for Separated Parents during COVID-19

Family Law

News

Parenting Arrangements for Separated Parents during COVID-19

Parenting Arrangements for Separated Parents during COVID-19 Are you a separated parent who has Court Orders setting out the arrangements for the care of your child? Parenting Orders (whether put in place by consent, or after a Court case), are enforceable and there can be consequences if you do not comply with them. However, social…

13 May 2020

Corporate

Debt Recovery: How To Collect Debt Effectively

By Melanie Skinner and Johanna Woodland. With budgets tightening all round, you may be thinking about how how to collect a debt. The most effective way to collect outstanding debt (and most economical) will always depend on the size of the debt, the nature of the debt, the terms of the agreement, the capacity…

5 May 2020

Commercial Leasing During COVID-19: How to Navigate the National Code as a Lessor

Corporate

Property

Commercial Leasing During COVID-19: How to Navigate the National Code as a Lessor

By Tony Burke, Morgan Quaife and Leah Thorpe. Are you confused about what rights and responsibilities you have as a commercial lessor (Landlord) in the event of rent non-payment due to COVID-19? You’re not alone. In April 2020, the Federal Government released a mandatory code of conduct for commercial leasing (the Code). At the…

28 April 2020

Family Law

News

Coronavirus Family Law issues – Covid-19 and some helpful tips

With the current restrictions around social gatherings and personal contact due to Coronavirus or Covid-19, we understand that some people may be struggling to navigate their co-parenting relationship issues. The Family Law Section of the Law Council of Australia has compiled these top ten suggestions to help separated parents navigate this difficult time. If you’re…

20 March 2020

News

Enduring Power of What and Appointments of Who? – Estate Planning Part Three

Enduring Power of What and Appointments of Who? – Estate Planning Part Three By Maryanne McGrath & Johanna Woodland. Do you know what happens when you don’t organise your Enduring Power of Attorney, or Appointment of Enduring Guardianship, before you need them? These documents play separate, but almost co-dependant roles, which are easily confused. What…

11 March 2020

News

Welcome Leah Thorpe!

We are excited to share that Leah Thorpe has joined OHL as part of our conveyancing and commercial law teams! Leah has over 10 years experience in property and commercial law, as well as with leasing and insolvency. Leah has a commercial approach to law and is a results driven individual. Over the past 30…

4 March 2020

News

Holiday Closure

Holiday Closure As 2019 draws to a close, we would like to take the opportunity to thank our clients and staff for their efforts over the last year! It’s been a busy year for the firm, so we’re looking forward to both the break and to getting back into it next year. O’Hearn Lawyers will…

20 December 2019

News

Invalid? Intestate? IN TROUBLE! Estate Planning – Part Two

Invalid? Intestate? IN TROUBLE! Estate Planning – Part Two By Maryanne McGrath & Johanna Woodland. In this Part Two of our Estate Planning series we will go through what happens in NSW if you die without a valid Will, or without a Will at all. Unfortunately, even when you have few assets, the process is…

29 November 2019

News

No Will? No Worries? NO WAY! Estate Planning – Part One

No Will? No Worries? NO WAY! Estate Planning – Part One By Maryanne McGrath & Johanna Woodland. No one knows better than an experienced deceased estates lawyer about the complications that result when someone dies without a Will or leaves an invalid Will. “During my years of legal practice, I have been involved in cases…

25 October 2019

News

Property

Notices To Complete In Property Transactions – The Good, The Bad And The Invalid

Notices to Complete in Property Transactions – The Good, the Bad and the Invalid By Leah Reynolds & Johanna Miller. What are they? When it comes to buying property there’s really only one day that the Vendor and Purchaser focus on – settlement day. This is the day when the Purchaser gets the keys to…

24 September 2019

News

Voidable Transactions Part Three – How can I avoid being on the receiving end of a voidable transaction?

Part Three – Avoiding Voidable Transaction Claims By Melanie Skinner & Johanna Woodland. How can I avoid being on the receiving end of a voidable transaction? “I didn’t do it!” – Bart Simpson c. 1994 It’s a classic sentiment, and it’s definitely the case when it comes to voidable transactions. Avoiding voidable transactions is all…

22 August 2019

News

Voidable Transactions Part Two – What are they and what next?

Part Two – Response to Voidable Transaction Claim By Melanie Skinner & Johanna Woodland. Do I have to pay the money back? Part one of this series explained what a voidable transaction is. The aim of this update is to consider what options you have when you receive a letter from the liquidator asserting voidable…

22 July 2019

News

Voidable Transactions Part One – What are they and what next?

Part One – The basics By Melanie Skinner & Johanna Woodland. SCENARIO One of my clients was placed into liquidation a few months ago and the liquidator has written to me demanding payment of voidable transactions. What is a voidable transaction? Do I have to pay the money back? How could I have avoided being…

29 May 2019

News

The Value Of a Corporate Power of Attorney

By Morgan Quaife. You may have previously executed a power of attorney in your personal capacity when planning your estate. An enduring power of attorney will ensure that the person or people that you nominate have legal authority to manage your personal affairs on your behalf when you are unavailable or incapacitated. However, if…

29 October 2018

News

SOPA(Y) Me

Getting it right under the Building and Construction Industry Security of Payment Act 1999 (NSW) By Melanie Skinner & Johanna Woodland. Get your building and construction payment claims paid in full Only pay for work that actually gets done Minimise the fuss Let the experts get it right for you! Payment claims can be a source…

29 October 2018

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