Law Firm

A common question that is asked is whether estranged family members or step-children may be able to challenge their entitlements under a will. Although challenging the will usually comes after death, it is important for anyone making a will to understand:

• who is entitled to challenge a will; and
• whether the challenger may be successful

This will assist a maker to understand the implications when drafting their will.

How to Challenge a Will

If a person intends to challenge their entitlement, or lack thereof, under someone’s will then they will make a Family Provision Application to the Court. Not everyone can make a Family Provision Application and Queensland succession laws restricts who is entitled to make such an Application via the following three categories:

1. the deceased’s spouse (not just a husband and wife, it can also be a de facto partner or the deceased’s former husband or wife or partner);

A decade of unraveling the effects of regulation on water innovation

By Michael Kiparsky, with Dave Smith, Nell Green Nylen, Luke Sherman, Alida Cantor, Anita Milman, Felicia Marcus, David Sedlak, Bernhard Truffer, Christian Binz, Sasha Harris-Lovett, Jeff Lape, Justin Mattingly, Dave Owen, Lars Tummers, Buzz Thompson

In a recent post, my colleagues and I reported on our most recent research output in a long series of projects examining the effect of regulation on water innovation. The post describes a new framework for understanding and, ultimately, improving relationships between regulators and wastewater utility managers who are seeking to implement novel technical solutions, and is well worth a read. That research caps a decade of empirical work, and gives us a framework on which to build towards the goal of stimulating a culture of beneficial innovation in the wastewater sector.

This post tells the story of how we got to this point,

Hearings in the Supreme Court are now shown live on the Court’s website.

On Wednesday 10^th may the Court will hand-down judgment in Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16. The Court will determine whether pollution caused to land and waterways by an offshore oil spill constitutes a continuing nuisance with fresh causes of action accruing until such time as the oil is cleared up, or it eventually disappears of its own accord, in circumstances where is the event causing the pollution to occur only once? The hand-down will take place at 9:45am in Courtroom 1.

On Wednesday 10^th and Thursday 11^th may the Court will hear the case of McCulloch and others v Forth Valley Health Board (Scotland)on appeal from [2021] CSHI 21. In Montgomery v Lanarkshire Health Board [2015] UKSC 11, the Supreme Court held that

A sale or purchase of a business can involve complex issues relating to employees of the business.

The consideration in this article is appropriate only for an asset sale, in contrast to a share or equity sale.

The issues can be broadly put into three groups: Retention, Entitlements, and Compliance.

Retention

How important are the staff to the functioning of the business?

Would the business be valuable without the current staff?

Put another way, would the buyer purchase the business without the employees (or a particular key employee)?

This is a critical issue, particularly in smaller businesses which may be reliant on the knowledge or performance of one or two key personnel. Employees cannot be sold the same way as other business assets. An Employee must agree to become employed by the purchaser.

In such cases, consideration should be given to including special conditions to mitigate the risk of key

Default and the Environment

What are the environmental impacts of Uncle Sam’s failure to pay his debts on time?

A journalist asked me how a default might impact environmental law. As I thought about it, I realized that the answers were, “In one way, very little,” and “In another way, potentially a disaster.” The effects might not amount to much. Or we could be talking about multigenerational climate impacts. There’s a lot of uncertainty baked into the second answer– thus “potentially” disastrous rather than definitely or even probably so.

The “very little” answer refers to the direct effect. A default would mean that the government wouldn’t have the funding to pay all its debts immediately. So debts would have to wait in line until enough tax revenue came in to pay them one by one (as I understand it, in the order that Treasury receives the payment request). Some of

By MARK PEARSON Follow @Journlaw

The debate surrounding indigenous journalist Stan Grant standing down after harassment from some traditional media and cyberbullying underscores the importance of our research into the online safety of various journalists.

The research project by our joint team from Griffith University and Macquarie University was titled ‘Online Safety of Diverse Journalists’.

It was commissioned by Media Diversity Australia (MDA) and funded by the Australian Broadcasting Corporation (ABC), Meta (Facebook), Google News Initiative, the e-Safety Commissioner and Twitter.

The main findings were well explained in this Conversation piece by my research colleagues Bronwyn Carlson, Susan Forde, Madi Day and Faith Valencia-Forester.

My role in the project was to write a law and policy summary about cyberbullying and online safety for various journalists and a 15,000 word appendix to the report.

The extended policy report (see Appendix A of the report) reviews the legal, regulatory and self-regulatory landscape

Hearings in the Supreme Court are now shown live on the Court’s website.

On Tuesday 16^th to Thursday 18^th may the Court will hear the case of Polmear and another v Royal Cornwall Hospitals NHS Trust, on appeal from [2022] EWCA Civ 12. The Court will consider whether an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. The hearing will begin at 10:00am in Courtroom 1.

On Wednesday 17^th may the Court will hand-down judgment in Commissioners for His Majesty’s Revenue and Customs v SSE Generation Ltd [2023] UKSC 17. The Court will determine whether the SSE is entitled to claim capital allowances for the expenditure that it incurred in the construction of the Glendoe Hydro Electric Power Scheme (the Scheme). Specifically, whether some elements of the

The Biden Power Plant Rule and the Major Question Doctrine

The new rule has hardly any of the features that caused the Supreme Court to strike down the Obama rule.

We’ve already started to hear claims that the Biden power plant rule falls under the major question doctrine, which the Supreme Court used to strike down Obama’s Clean Power Plan. Are those claims plausible? Consider the aspects of the Clean Power Plan that the Supreme Court found objectionable. I’ve identified eight factors that the Court seemed to find significant. The Biden power plant rule gets 1.5 points out of a possible 9 on this scale. That’s a score of 17%, which seems less than overwhelming.

Here’s how the Biden rule stacks up for each of the factors:

1. is this”a regulatory program that Congress had conspicuously and repeatedly declined to enact itself”?

No. There have been no prominent failed

LOS ANGELES, CA / ACCESSWIRE / May 22, 2023 / The Schall Law Firm, a national shareholder rights litigation firm, reminded investors of a class action lawsuit against Teleperformance SE. (“Teleperformance” or “the Company”) (OTC PINK:TLPFY) for violations of §§10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the US Securities and Exchange Commission.

Investors who purchased the Company’s securities between July 29, 2020 and November 9, 2022, inclusive (the “Class Period”), are encouraged to contact the firm before June 20, 2023.

If you are a shareholder who has suffered a loss, click here to participate.

We also encourage you to contact Brian Schall of the Schall Law Firm, 2049 Century Park East, Suite 2460, Los Angeles, CA 90067, at 310-301-3335, to discuss your rights free of charge. You can also reach us through the firm’s website

By MARK PEARSON Follow @Journlaw

Episodes #002 and #003 of our occasional SMALL podcast – Social Media and Law Livestream – are now available for listening.

These episodes – published on The Source News – are hosted by Media Law students Amy Sauvarin and Camille Chorley.

In Episode #002 [16:37 mins], Amy chats with veteran journalist and author Uli Schmetzer about freedom of expression and his encounters with censorship over his four decade career as a foreign correspondent. For more information on his books and reportage, see http://www.uli-schmetzer.com/index.html.

In Episode #003 [20 mins], Camille talks with ABC Landline producer and ABC News cadet trainer John Taylor about free expression issues in foreign correspondence, court reporting, social media and training journalists in media law. See his bio at https://www.abc.net.au/news/john-taylor/167072.

Enjoy!

If you are a communications professional wanting to study in this area, please consider enrolling in our online courses Social Media