Litigation

Ken Philp's decades in brave new world of intellectual property

When Ken Philp entered the world of intellectual property law, the Internet did not exist, nor did mobile phones. Now, computers with artificial intelligence are running complex IP legal cases.

That’s just one of the enormous changes he has experienced in a career field spanning more than 35 years with technology changes that sound like science fiction but are increasingly real.

Family Provision Applicant awarded $3m from father’s Estate

In the recent decision of Darveniza [2014] QSC 37, the Queensland Supreme Court awarded a record $3 million to the deceased’s son, being the highest amount ever awarded in a family provision claim in Queensland.

This decision is a timely reminder of the importance of proper estate planning, especially for large or blended families, and is highlighted by the recent family debacles following the deaths of the rich and famous James Gandolfini, Heath Ledger and Philip Seymour Hoffman.

Is your superannuation binding death benefit nomination actually binding?

In the recent decision of Munro v Munro [2015] QSC 61, the Queensland Supreme Court held that a superannuation death benefit nomination that Mr Munro (the deceased) intended to be binding on the trustee of his self-managed superannuation fund to ensure that his superannuation death benefit was paid to his estate after his death, was not actually binding.

Moneys advanced by parents to their children: gift or loan?

In the recent decision of Hayes v Hayes [2015] QSC 88, the Supreme Court of Queensland determined that moneys contributed by the deceased towards the building of his daughter’s home were advanced by way of gift and were not a loan. As a result, the deceased had no beneficial interest in his daughter’s property and it did not form part of his estate for the purposes of a family provision application by his son.

How to Avoid a Partnership or Shareholder Dispute

It is a fact of life that business relationships like any other relationship can break down. As well as the financial cost these disputes can often be very emotionally draining and stressful.

Often these occur due to communication breakdowns between the partners or shareholders as to what the expectations of each party are. Other times there is a fundamental disagreement on strategy and how to move the business forward. Sometimes it's simply a result of personality issues arising over a number of years of working together.

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