100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business: as if!

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Business domains surge as start-ups go online

Getting a business online is becoming less about juggling a collection of technical jobs and more about establishing a handful of digital essentials from More

Affordable housing plan gains support

A significantly revised housing development featuring 19 affordable rental dwellings has moved closer to approval after winning the support of most Noosa councillors. The proposal More

‘Drinks on us’: best mates celebrate monster win

Two Sunshine Coast mates have celebrated in style after winning $7.6 million. The men from Maroochydore were quick to shout everyone a drink at Club More

Two owners combine sites for rare sale

A unique double-site opportunity has emerged in one of the Sunshine Coast’s tightly held suburbs, with two adjoining properties hitting the market together. Lots 16 More

Survey shows demand for full-service regional banking

A survey has found overwhelming support for face-to-face bank branches in regional areas, with 95 per cent of respondents rating them as essential or More

Driver fined for 60km/h over limit during holiday blitz

A Sunshine Coast man was among motorists hit with hefty fines after being recorded at excessive speeds during the school holidays. A black BYD Seal More

Sometimes two little words can make a very big difference. In a recent Queensland Supreme Court decision, those words were ‘as if’.

The case concerned a daughter who had been adopted out as a baby by her biological father but later re-established a relationship with him.

When her biological father died, his Will left her $50,000 from an estate of about $1.5million.

After his death, the daughter applied (in Western Australia) to discharge or ‘undo’ her adoption.

The Western Australian law provided that, once discharged, the position was ‘as if the adoption had not occurred’.

Those words became critical.

The Queensland Supreme Court had to decide whether the biological daughter could therefore be treated as the deceased’s ‘child’ and bring a challenge to her biological father’s estate.

The counter argument was that as the adoption order remained in force at the time of the father’s death, she was not legally the deceased’s child at that time and therefore could not claim.

The court concluded that, subject to proof of biological parentage, she could!

It is an intriguing example of how the law can apply.

Where there’s a Will …

Trent Wakerley, director, Wakerley Legal, Level 3, Ocean Central, 2 Ocean Street, Maroochydore, 5443 9600, wakerleylegal.com.au.

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share