Estranged Daughter of Deceased Father Successfully Contests his Will. The Victorian Supreme Court first instance and Court of Appeal 17 August 2023 decision to give additional provision to a deceased father’s estranged daughter demonstrates the Court is prepared to give meaningful provision to an…
Executors Commission Disputes, what you need to know. The role of the executor is to put the wishes of the will-maker into effect by collecting assets, paying liabilities and distributing the will-maker’s property to those he or she wished to benefit (beneficiaries). If you are involved in an…
Beneficiary challenges to trust distributions are becoming more common in Victoria.
When the Court is Prepared to Disallow Executor’s Commission & Order Costs. The Victorian Supreme Court April and June 2022 decisions that lawyer Thomas Koutsoupias’ claim for executor commission and remuneration be disallowed and he pay the interested beneficiaries legal costs demonstrates the…
Sexual consent is an ongoing and freely given agreement between two or more people who are engaging in sexual activity together. Legally, consent means free agreement. Sexual acts between two adults need both adults to be consenting to that sexual act. It involves paying attention to what someone (…
Will Disputes Between Executors & Beneficiaries. A lack of communication is a common cause of beneficiary/executor disputes but what if the beneficiary thinks the executor is not doing their job or acting against the beneficiary’s interests? Here's what you need to know.
Will Testamentary Capacity was successfully challenged in Victoria, demonstrating that the Court is prepared to invalidate a Will if sufficient evidence is put before it. The Victorian Supreme Court’s June 2022 (Bailey V Maddock) finding that war veteran Norman Maddock lacked mental capacity to…
Challenges to Wills on the ground of a lack of testamentary capacity are becoming more common in Victoria. What “red flags” may warrant a possible challenge to a Will on the ground of a lack of testamentary capacity? Here's what you need to know.
Peter Ward was interviewed earlier this month for the William & Lonsdale - Lives in the Law podcast, a Melbourne-based podcast that explores the legal ecosystem in Victoria and the fascinating people that make it tick.
Peter Ward OAM talks about his life as a lawyer, how the law has changed since he started practicing, and where the law is heading.
Galbally & O'Bryan's Peter Ward was awarded an Order of Australia Medal for his service to the law, and to the community.
Galbally & O'Bryan are thrilled with the outcome of the the 2022 Jesuit Mission Golf Day with over $41000 raised for Xavier Learning Community (XLC) Thailand.
If you have a family law dispute, the Pre-Action Procedure can help you to resolve your dispute without needing to go to court. Family Law Disputes can be challenging to navigate. This is what you need to know about the new procedure so that you can achieve a quick, practical and fair out of court…
In Victoria, A Family Violence Intervention Order can protect a person from a family member who is committing acts of family violence. Here are 10 things that you need to know about Family Violence Intervention Orders.
In Victoria, Personal Safety Intervention Orders protect a person from physical or mental harm caused by someone who is not a family member. Here are 10 things that you need to know about Personal Safety Intervention Orders.
Work Injury Compensation Victoria. A work injury often causes financial problems and stress, particularly when dealing with the complexity of a WorkCover accident claim. Fortunately, in Victoria, most injured workers are entitled to some type of injury compensation. Here are the 7 things that you…
Family Provision Claims Victoria. Family provision claims are a common occurrence in Melbourne and throughout Victoria. These claims are a fact of life. The new procedures in the County Court prioritise quick and cost-effective resolution of TFM (Testators Family Maintenance) proceedings, saving…
Lump sum compensation for TAC claims. Have you been injured in a car accident in Victoria, or injured interstate in a Victorian registered vehicle? If so, you are likely entitled to compensation under the Transport Accident Act and should seek legal advice for appropriate compensation.
In my experience members of the community not familiar with the Law, quite reasonably assume that the Law provides a right to sue and recover damages for injury caused by another’s negligence. Unfortunately, it is not so straightforward.
Looking for the best personal injury lawyer for you? Are you a victim of a workplace injury or medical negligence? Making a TAC claim? Here are some traits you should look for in your ideal personal injury lawyer. Find out how to find the best personal injury lawyer.
Instructing Solicitors Galbally & O’Bryan Lawyers Paul Galbally and Kartya Gracer
Who Must Maintain Landlord's Installations in a Retail Premises? Landlord’s installations are usually described in a Lease. Some Landlord’s believe providing various installations in retail premises may lead to better rent or make it easier to lease the premises to the next tenant. They may also…
In certain cases, a Landlord can terminate the Tenant’s lease and change the locks to prevent the Tenant from re-entering leased premises if rent is overdue. A Landlord’s natural reaction might be to prevent the Tenant from recovering their belongings until the outstanding rent is paid. Taking this…
When you are pleading guilty to a criminal offence at a Magistrates’ Court Hearing or a County Court Hearing providing letters to the Court which reflect your good character can assist the outcome of your case. The form of the letter and the contents of the letter is vital. Galbally & O’Bryan…
Galbally & O’Bryan would like to congratulate Ms Jacinta Studham on her appointment as a Magistrate on Thursday, the 14th of August 2018.
A Royal Commission into Family Violence was established as a result of concerns about the prevalence of family violence in Australia. Read this article by Peter Ward to understand the impact of Family Violence on the Practice of Criminal Law in the State of Victoria.
Lawyers acting on a no win - no fee basis is not new to the law and some legal firms such as Galbally and O’Bryan have worked on this basis since the 1960’s. In this article, Nicholas O'Bryan lists down what to look out for in a no win no fee agreement.
Navigating the legal system after the death of a partner, parent, or family member can be a challenge. If you have been left out of the Will or don’t get what you expected it is even more difficult. In this post Andrew O'Bryan explains what you need to know when contesting wills.
Do you know what your rights are in family property settlements disputes? Andrew O'Bryan explains more in this post. Galbally & O’Bryan have an office in Melbourne with lawyers who offer a comprehensive service in family property settlement cases.
Recently, Parliament has amended the Bail Act with the objective of making it far more difficult for an accused person charged with criminal offences to be released on bail. Traditionally, any person being held in custody was, prima facie, entitled to bail. What is the bail act?
Are you faced with criminal charges? Do you know what to look for in a criminal lawyer? Cathy O'Bryan provides you some traits you should look for in an ideal criminal lawyer to get the best outcome for your case.
"the Cold Storage case" in December 2017 could have major ramifications for existing leases between Landlords and Tenants. Leases should be reviewed to ensure that all parties are aware of their rights and obligations.
Did you know the time limits for TAC Claims? Nick O'Bryan from Galbally & O’Bryan explains some key concepts around transport accident claims, time limits, extensions and disputes.
Have you been charged with a Police Assault offence? Galbally & O'Bryan can help. We appear regularly at the Dandenong Magistrates’ Court for Assault matters and other criminal matters.
Galbally & O'Bryan are proud to sponsor "The Frank Galbally Memorial Prize for International Criminal Law" at the Melbourne Law School Awards Ceremony. It was a pleasure to celebrate the achievements of so many inspiring students at the event.
Congratulations to Mr Peter Ward on becoming the joint inaugural recipient of The Inspire Awards® 2016.
Do you know if a stranger can occupy your property without your consent? Frank Di Iorio shares some insights on the topic.
Do you know about the changes to personal injury law in Victoria? Nick O'Bryan explains how the new law will make it easier for some personal injury claimants to get fairer compensation for injury caused by the negligence of another.
Have questions on what to do when you receive a police summons? Here is a beginners guide to the Dandenong Magistrates’ Court and what you need to do next.
The TAC have introduced new protocols which will commence operation on the 1st of July 2016. Learn about how these changes affect your TAC claim.
The Galbally Cup is named in honour of Frank Galbally, a founding partner of Galbally and O’Bryan and involves a football match between Victorian Solicitors v Barristers to raise money for Reclink Australia.
Are you at Risk of Going to Prison? Being charged with a criminal offence, subsequently appearing in court, and facing the prospect of imprisonment can be a highly stressful experience.
A press release from the Victorian Ombudsman’s office dated 5th November 2015 announced that it would be investigating the conduct of Worksafe Agents following 370 complaints made to the Ombudsman in the 2014-2015 financial year.
Wondering what your personal injury claim is worth? Personal injury lawyer Nick O'Bryan explains what you can expect from your personal injury claim and the factors that are considered when determining the claim.
Looking to engage a lawyer to achieve a property settlement? Galbally & O’Bryan has extensive experience in acting for clients in family law property settlements. Here is what you need to know.
Can an accused’s mental state, either at the time of sentencing or at the time of the commission of the criminal offence be a significant sentencing factor? Read this post to find out more.
Crimes Family Violence is the legal term describing violence in the home between family members or former domestic partners. Contact Galbally & O'Bryan for a personalised consultation.
If you are looking to engage a lawyer on a “No Win No Fee” basis to Contest or Defend a Will from Challenge, what do you need to know? Contact Galbally & O'Bryan for more information.
Evictions under Commercial Leases. Learn your rights as a Landlord, or agent. Find out the what is required from you to serve a lawful eviction notice. For further information contact Galbally & O'Bryan
Wills and Estates have changed in Victoria. A new Act in Victoria makes significant changes to those people who are eligible to contest Wills and Estates as well as to the factors that will now be considered by the court in determining the outcome of claims. Are you prepared?
Do you know whether your investment property should be classed as a residential or retail lease? New rulings have significant implications for student accommodation.
Galbally & O’Bryan were delighted to again provide sponsorship to the Jesuit Mission Golf Day held in April this year at Greenacres Golf Club Kew.
The Supreme Court of Victoria has emphasised the continued importance of rehabilitation in the sentencing process, potentially affecting sentencing for a wide range of criminal offences.
Have you made appropriate plans for your Will and Estate? Why you should be considering adding a note of explanation or making a Will in 2015.
Do you have unpaid fines for traffic, tollways, speeding infringements or parking? What you can expect in the Magistrates Court and how to achieve the best outcome.
Do you know what to expect and how to act if encountering a police interview? It is vitally important that you seek experienced criminal law advice when this situation arises.