Attwood Marshall Lawyers News - August 2024
Attwood Marshall Lawyers
Helping people and changing their lives for the better. Coolangatta, Kingscliff, Robina, Brisbane, Sydney, Melbourne
Attwood Marshall Lawyers is a law firm with a passion for helping people and changing their lives for the better.
A highlight for this month was our Estate Litigation Partner, Lucy McPherson's presentation at a CPD conference for the Law Society of NSW. Lucy's topic was, 'Beyond the border: Multijurisdictional challenges in family provision claims'. Her session is available to watch via The Law Society CPD department's online portal.
Recent insights from our team
Our lawyers regularly write blogs, providing their insights into legal developments and news stories happening across Australia.
April Kennedy, Estate Litigation Special Counsel reviews the judgement of a high-profile news story about Wills, in the recently contested estate of Sydney Businessman, Andrew Findlay.
Compensation Law Senior Associate, Henry Garrett, explains the rights to compensation for surviving family members devastated by a fatality in a road accident, as the AAA announced this year being Australia’s deadliest year on our roads for a decade.
Commercial Litigation Senior Associate, Jade Carlson and Estate Litigation Senior Associate, Martin Mallon discuss a recent case where a Queensland lawyer was reprimanded for not adequately advising her clients about contesting the validity of a Will and filing Court proceedings within the required time limit.
The above are just a small selection of the articles we have recently published from across all of our different departments. Stay up to date by checking out our News page.
OPINION: Banks haven't learnt their lesson. Are their systemic failures and self-serving conduct too entrenched for them to change?
The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry stands as one of the most significant inquiries for Australians this past decade.
From its announcement on 30 November 2017, the “Hayne Royal Commission,” as it became known, received over 10,000 public submissions and testimonies from victims, key stakeholders and managers of our largest financial institutions.
Unfortunately, banking misconduct remains a pervasive issue in Australia despite the efforts of the Hayne Royal Commission which highlighted a dire need for reform and accountability in our financial services sector, writes Commercial Litigation Senior Associate, Georgia Taylor.
"The management and accessibility of financial services for both individuals and businesses are crucial for sustained economic growth and stability. Yet, our clients’ stories of extraordinary hardship due to the malpractices of the financial industry have underscored the need for systemic reform". Read the full article here.
Attwood Marshall Lawyers Community Radio
Attwood Marshall Lawyers is proud to partner with 4CRB (89.3FM) to deliver educational and informative legal content to the Gold Coast and Tweed community.?
Established in 1984, Radio 4CRB is a local community radio station on the Gold Coast that is also a registered charity. Its purpose is to foster community engagement.?
Every Friday from 9am (QLD time) on ‘Law Talks’, join one of our experienced lawyers as they discuss legal issues that impact the community.?
For over five years, Attwood Marshall Lawyers has collaborated with 4CRB in this important information service. ‘Law Talks’ is an essential part of our contribution and service to the community, sharing knowledge and experience across various legal topics. We believe it is essential to educate the public about their rights and help them navigate an increasingly complicated legal system.?
23 Aug: Executors buying out beneficiaries in an estate property with Angela Harry, Wills and Estates Partner. Listen to the podcast.
16 Aug: Changing your Will to benefit one beneficiary over another with Angela Harry, Wills and Estates Partner. Listen to the podcast.
9 Aug: Giving an inheritance early – why you still need legal and financial advice if you plan to die with zero with Natalie Comerford, Wills and Estates Associate. Listen to the podcast.
2 Aug: Dying to Know Day; Empowering Australians to reshape our approach to death and end-of-life planning with Natalie Comerford, Wills and Estates Associate. Listen to the podcast.
Attwood Marshall Lawyers In the Media
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 interview discussed 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.
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In its defence, Disney cited 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 was fighting for arbitration over 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.
Disney has since dropped its attempt to avoid the wrongful death lawsuit after receiving backlash. The case will continue to court as Disney has stated it will be putting "humanity above all other considerations".
Help Repeal Gag Laws: Sign the e-Petition Today!
There are gag laws in Queensland that prevent thousands of people from speaking publicly about their experiences with the Public Trustee and Guardian.
Many of these individuals are among the most vulnerable in our society, including those who are intellectually disabled, elderly, and First Nations.
A Parliamentary Petition has been posted to repeal these unjust laws.
As a law firm that?has handled countless disputes on behalf of clients involved with the Public Trustee, we have witnessed first-hand the?bureaucratic incompetence and financial exploitation that cause significant distress to individuals under the Public Trustee's care, and their families. The need for reform is urgent!
We are passionate about supporting this petition and advocating for change to give a voice to those who continue to suffer under the Public Trustee.
The petition closes on September 11?and will be tabled in?the house during?the last sitting session before?the election.
If you believe that people should be able to speak out about the wrongs done to them by the Public Trustee, please sign the petition and support this crucial action.
Community Engagement
On Tuesday 13th August, our team hosted the Salvation Army Community Wills Day at our office in Coolangatta. Our estate planning lawyers donated their time to prepare simple Wills for the community, in return for a donation that goes directly to the Salvos.
Community Wills Days provide a wonderful opportunity?to make sure you have a legally valid and up-to-date Will which reflects your wishes, whilst also supporting a hard-working local charity, like The Salvation Army. The Salvos?fight?to transform Australia one life at a time, helping people facing hardship and injustice.
Upcoming Community Event: Tani Tei En Open Garden
Saturday 14 and?Sunday 15?September 2024??–? 9.30am - 4.30pm.
519 Currumbin Creek Road, Currumbin Valley QLD 4223
Former Founding Partner of Attwood Marshall Lawyers, Bob Marshall, and his wife?Evelyn,?have been preparing for many months ready to host their upcoming Open Garden Event in September – something the whole family can enjoy!
Immerse yourself in 11 acres of tranquil gardens, complete with rainforests, themed plantings, restored dairy and spectacular Japanese garden with tea house and lake.?
Food, drinks and plants will be available to purchase.?
Entry is $8?(18+) – kids are free!?All proceeds raised are donated to local charities.
Find out more at?https://www.facebook.com/TaniTeiEn
With a community focus and sincere commitment to helping people and changing their lives for the better, we deliver exceptional services marked by integrity, understanding and responsibility.
Our experienced legal teams practice exclusively in their fields, leading the way since 1946.