What is “testamentary capacity”? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. […]
Matthew joined Roberts Legal in January 2017. He practices primarily in litigation and dispute resolution, with a particular emphasis on providing legal advice on all issues relating to debt recovery, insolvency, building and construction law, work health and safety law, strata matters, lease disputes and contested Will and Probate applications.
In doing so he regularly advises clients on the implementation and interpretation of contracts and the provisions of legislation including the Corporations Act, the Home Building Act, the Building and Construction Industry Security of Payment Act, the Environmental Planning and Assessment Act, the Work Health and Safety Act and the Succession Act.
Matthew represents the rights and interests of clients in a wide array of Courts &Tribunals including the Federal Court, the Supreme Court, the District Court and the NSW Civil and Administrative Tribunal.
Matthew also has experience in advising under the Family Law Act, and particularly matters involving the division of the property of the marriage or defacto relationship.
Who Matthew works with
Matthew has experience working with a wide range of clients including individuals, companies, insolvency practitioners, builders, strata managers, owners corporations and government agencies.
I aim to provide my clients with practical advice in everyday language in order to assist them to make informed decisions about the legal issues they are faced with and to attempt to ensure wherever possible, that those issues can be resolved in a timely and cost effective manner.
Matthew holds Bachelor of Laws and Bachelor of Arts degrees, both obtained with Honours, together with a Diploma of Legal Practice.
He was admitted as a Solicitor of the Supreme Court of New South Wales and the High Court of Australia in 2003.
Areas of Law
Building & Construction Law
Home Building Law
Contested Wills Claims
Family & De Facto Law
Commercial & Retail Leases
Insolvency & Corporate Restructuring
Bankruptcy & Personal Insolvency
Work Health & Safety
Articles by Matthew
In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)  NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases […]
In a decision of great relevance to members of the building and construction industry, the High Court has provided some certainty in relation to when a valid Payment Claim may be issued under a construction contract and put to rest a debate that has gone on for some time in light of various legislative amendments […]
Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person […]
The principles that apply to all duties in the Work Health and Safety Act 2011 are: a duty is not transferable a person may have more than one duty more than one person can have the same duty risks are managed to ensure they are eliminated or minimised, so far as is reasonably practicable. Primary […]
Officers must exercise due diligence, which at its simplest, requires an officer to concentrate on managing the work health and safety (WHS) risks of the business or undertaking. An officer must have high, yet attainable standards of due diligence. The reasonable steps officers must take to ensure they are exercising due diligence includes, but is […]
‘Reasonably practicable‘ means doing what is effective and possible to ensure the health and safety of workers and others. All people must be given the highest level of health and safety protection from hazards arising from work, so far as is reasonably practicable. A person conducting a business or undertaking (PCBU) should always seek to […]