Please make according to Australian laws and give references of Australian cases (1000 words) You work as a solicitor in

Business, Finance, Economics, Accounting, Operations Management, Computer Science, Electrical Engineering, Mechanical Engineering, Civil Engineering, Chemical Engineering, Algebra, Precalculus, Statistics and Probabilty, Advanced Math, Physics, Chemistry, Biology, Nursing, Psychology, Certifications, Tests, Prep, and more.
Post Reply
answerhappygod
Site Admin
Posts: 899604
Joined: Mon Aug 02, 2021 8:13 am

Please make according to Australian laws and give references of Australian cases (1000 words) You work as a solicitor in

Post by answerhappygod »

Please make according to Australian laws and give
references of Australian cases (1000 words)
You work as a solicitor in a law firm called Super
Lawyers. A Senior Partner of the firm, Alex Lee, has assigned you a
case file (SL/2022/05/08) and has requested an opinion on the
matter from you. Please draft your opinion in the form of an
internal memorandum of advice / opinion addressed to the Senior
Partner, Alex Lee.
The facts within case file SL/2022/05/08 are as
follows:
John and Mandy Hart owned a large farm called WillowGlen in
Chinchilla, Queensland. They operated farming businesses comprising
dairy and beef cattle on that land. John and Mandy had two
daughters, Annie, and Sally, who had over the last 15 years
routinely helped their parents milk the dairy cows. The beef cattle
business was managed by Mandy’s cousin, Richard Grant. Sally was
engaged to Richard Grant’s son, Tom Grant, who was a wealthy
neighbouring wheat farmer. Tom and Sally were planning to get
married in 2023.
Annie was an introvert who hardly socialised. She spent all her
time attending to work on the dairy farm and loved the cows, who
were her closest friends. Annie was paid a weekly allowance by her
father, John. She hardly took time off work, and when she
occasionally did so, her father would say ‘the cows won’t be here
when you get back’. John Hart told Annie on several occasions that
she would take over the dairy farm when he could no longer
work.
Annie and Sally had an argument in the milking parlour one
morning in January 2022, which escalated into a physical fight.
Annie left the farm deeply hurt a few days after this incident as
she felt her parents had not been supportive of her in resolving
the argument she had with her sister.
John Hart died of a heart attack earlier this month, on the
10th of March. Annie returned to the farm in
anguish when she heard of her beloved father’s passing. She found
out after the funeral that John had left all his real (immovable)
and personal (movable) property to his wife, Mandy, in his
will.
Mandy Hart, Annie’s mother, has now informed Annie that Tom
Grant will be taking over the dairy business on WillowGlen. Annie
is furious because she feels she has a right to inherit the dairy
business (which also owns the dairy cows and associated machinery),
as well as the portion of the farming land on which the dairy
business is run. Annie claims her mother was aware of the promises
her father had made to her with regards to taking over the ‘dairy
farm’, which in her (Annie’s) mind meant the dairy business and the
land on which the dairy cattle grazed. According to Annie, her
mother, Mandy, had also on occasions, independently alluded to the
fact that the ‘dairy farm’ would be Annie’s one day.
Annie Hart is the firm’s client. Please provide your
opinion as to whether Annie may have a claim in equity for the
dairy business and the associated farming land on which it
sits.
Join a community of subject matter experts. Register for FREE to view solutions, replies, and use search function. Request answer by replying!
Post Reply