What To Do If You Have A Bad Credit Rating
A credit rating (also known as a credit score) can play a vital role in a person's financial life. A good credit rating indicates responsible...
Articles
What is IP?
Does the law protect ideas? Intellectual property consists of the legal categories of trademark, design, copyright and patent. A fundamental...
Do We Have An Agreement? An introduction to the law of contracts
A contract is a legally binding agreement between one or more parties. These agreements set out the terms and conditions of a transaction. If...
Managing and Resolving Shareholder Disputes
A shareholder is a person who owns shares in a company. This person can be an individual or another company. Ensuring shareholder disputes are...
Understanding Share Sale Agreements
Understanding share sale agreements is essential for corporate clients navigating the sale of shares in Australian businesses. Investors and...
Growing your business – understanding equipment leases
Pros One of the obvious benefits of leasing equipment, rather than purchasing it outright, is that instead of paying a large lump sum, the cost...
Protecting business owners from personal liability
Using a company structure Historically, the reason companies came into existence was to protect investors from personal liability should the...
Exclusion clauses – are they valid?
Can you be bound by clauses you have not read? The answer is yes. Over many years there have been cases where terms and conditions are shown...
Does your business need standard terms and conditions?
Whenever a business supplies goods or services to a customer that supply is under a contract. Every time you go to a shop and buy anything, or...
Asset Protection – What we learned from Covid
Be ready – liquidation can happen suddenly When a company runs out of money, it may need to be put into liquidation quickly. Otherwise, directors...
Alternative Dispute Resolution – avoiding the cost and risk of litigation
What is alternative dispute resolution (ADR)? The term ADR is used to describe dispute resolution processes that do not involve traditional...
The Benefits of a Non-Disclosure Agreement
An NDA establishes a legal framework for maintaining confidentiality, instils trust in business relationships, deters breaches, and provides...
Managing commercial disputes – key steps and processes
Commercial dispute resolution Dispute resolution is a way of settling disputes either by litigation or through other available means. Many people...
The benefits of mediation in a commercial dispute
Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested...
When Can I Terminate a Contract?
Various reasons may justify the termination of a contract, such as breach by another party, frustration, mistake, and force majeure. However,...
Asset Protection – Is Your Home Really Safe?
Traditional asset protection Some occupations are well-known for involving financial risk, such as engineering or building. However, Covid 19...
Dying Intestate – The Dangers of Dying Without a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to...
What Happens When Executors of Deceased Estates Don’t Agree
You may know exactly what you want done with your assets if you die. But who do you want to be the one to carry out those wishes – and what...
Why everyone needs a Power of Attorney
Most people over 18 years of age should consider having a Power of Attorney in place.A Power of Attorney is a legal document made by a person...
The importance of estate planning before capacity becomes an issue
However, it is important to understand that these arrangements for the future can only be put in place while you have the necessary mental capacity....
You have been asked to be an executor – should you agree?
Who needs an executor? If a person is married or has a de facto partner, their will usually leaves everything to their spouse or partner. If...
How to Locate an Original Will
When a person dies, the distribution of their estate and the person entitled to step into the shoes of the deceased in managing their affairs,...
Including Cryptocurrency in Your Will or Estate Plan
Cryptocurrency has emerged as a disruptive force in the financial world, offering a new frontier for investment and wealth accumulation. As both...
Will Contests and Estate Disputes – an Overview
Disputes of this sort are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal processes and the reasons...
FAQ on Estate Planning
Proactively planning for how you would like your assets distributed after your death can save many hours of heartache for friends and family...
Making Your Will Count – Healthy Will Checklist
If you don’t have a Will your assets will be divided according to how the law dictates in the rules of intestacy, that is, when you have not...
Do you know when to update your Will?
When to review your Will Many people make a Will, arrange for it to be safely stored and then forget about it. However, in many situations reviewing...
What to do if you’ve been left out of a will
What is a Family Provision claim? Successful family provision claims involve the Supreme Court essentially rewriting the will, to ensure that...
Why it’s a bad idea to write your own Will
Why you need a valid Will The sole purpose of writing a Will is that you can direct where your assets go when you pass away.If you have...
Dealing with deceased estates – Executor duties
Where a person is appointed by a Will, that person is called an "executor".An executor is chosen by the person making the Will to carry out...
Can I Change the Locks After We Separate?
Separation is often a challenging and emotionally charged time in a person's life, usually accompanied by significant decisions regarding living...
The Importance of Financial Advice in a Family Law Property Settlement
Most property settlements are reached through negotiation, without going to court. Negotiations can be formally documented through a binding...
How Mediation Can Help Resolve Your Family Law Matter
Mediation is a valuable and widely utilised method for resolving disputes. This form of dispute resolution is particularly valuable when parties...
Common Family Law Myths
If you are in the unfortunate situation of going through a break-up you have probably heard all sorts of ‘advice’ from well-meaning friends...
What’s the difference between Parenting Plans and Parenting Orders?
The pros and cons for both parenting plans and parenting orders are discussed below. Parenting Plans Sometimes former partners are able to...
Who’s your daddy – the rights and obligations of sperm donors
Is the sperm donor legally the father? The Status of Children Act of New South Wales states that if a woman, married or unmarried has a child...
Retirement Living Life beyond bingo and bowls!
Not surprisingly people talk about buying their first home as being a life changing event and it is. However, in the past it has been rare for...
Estate planning for digital assets
Mr Cotton’s death in India at the age of 30, not only raised suspicion as to its authenticity (and allegations of an exit scam), but reiterated...
Can you force your neighbour to give access to their property?
Legal proceedings to gain access The Supreme Court can and will make orders forcing a property owner to give access. This is governed by s.88K...
What is an easement?
There are two types of easements, private and public. Private easements A private easement exists between two private property owners. Common...
Options to renew in commercial leases – don’t get caught out!
How option renewal periods work Most commercial leases require the tenant to notify the landlord if they wish to exercise an option to renew...
Certificates of title abolished
The old system Since the 19th century, New South Wales has had a system of registration of ownership of real property, based on a government...
Vaccine Policies : NSW Strata Schemes
The owners corporation has a duty of care to all owners and occupiers.[1] This means that it must take reasonable steps to avoid reasonably...
Which is the best structure for a business?
Tax An important factor is minimising income tax. This applies especially if your intention is to run a profitable business well into the future.The...
Heads of Agreement – what are they?
So, what do these terms actually mean? Simply put, they refer to a preliminary agreement, a document that is signed before the parties are ready...
Director Identification Numbers
Who needs a DIN? Every director of every Australian company must have a DIN. This includes foreign directors. What is the deadline for obtaining...
Avoiding conveyancing traps – special conditions
Conveyancing is the process involving the transfer of legal title of real property from one person to another.The conveyancing process...
Important Changes to Employment Law – Phase One of the Closing the Loopholes Act
In response to evolving workplace dynamics, the Australian government introduced the Closing the Loopholes Act. This legislation, which will...
Promoting Gender Equality in the Workplace
By understanding the concept of gender equality, complying with relevant legislation, and implementing effective systems, employers can help...
Dismissing an Employee
An employer considering terminating an employee needs to take great care in how they go about it. Getting it wrong can risk unfair dismissal...
Does your employment contract measure up?
Standard employment contracts Most employers use standard employment contracts, some of them many years old. Worse still, many employment contracts...
How do you decide if somebody is an employee or a contractor?
The old law Since at least 1986, to decide whether a worker was legally an employee or contractor required looking at how the relationship...
Can employers force their staff to be vaccinated?
Can the boss ask an employee if they have been vaccinated? Employers have the legal right to give reasonable and lawful directions to their...
Fact or fiction – top 5 myths about family law property settlements
Every family law situation is different and it is important that people get the right advice and are able to make informed decisions about their...
Family law disputes – valuing the family business
Why value a business? When couples separate, the division of property is not purely a mathematical exercise. This is particularly so when considering...
Parenting orders for non-parents – who can apply?
A parenting order is not only designed to apply to parents or guardians of a child, but non-parents may also apply for parenting orders to be...
Can I secretly record my spouse?
Is it lawful to intercept a phone conversation? The short answer is no. It is a federal offence to intercept (or tap) a phone conversation or...
How are assets split on divorce – who gets what?
For convenience, this article refers to married couples. However, the same rules apply to de facto couples who have been together for over 2...
What are the rights of de facto partners under the Family Law Act?
De facto couples who separate are now treated under the Family Law Act in the same way as married couples. That is, any financial dispute arising...
Social media and family law – Just don’t do it!
Social media as evidence If you are going through a separation, you should expect your former partner, their lawyer or the children’s lawyer...
Moving in together? Are we now in a de facto relationship?
When people start living together, their legal rights and liabilities are usually the furthest thing from their minds, and they often do not...
Tips for getting ready for Family Court
Settling your family law matter in the court system can be stressful, expensive, and most likely, a lengthy process. Understanding the timeline...
Six things to know about Binding Financial Agreements
Proceedings under the Family Law Act for property settlement can be expensive and emotionally taxing. A good way to avoid them is with a binding...
Representing yourself in the Family Court – a great way to save money?
The Family Court of Australia was one of the first courts to recognise self-represented litigants as a permanent and significant client group.Research...
Can you be separated and live under the same roof?
Before a person can apply for a divorce they have to be able to prove to the Federal Circuit or Family Court that their marriage has irretrievably...
Buying Property with Someone Else – Tips and traps
However, there are pitfalls to buying a property with someone else. It is better to think about these issues up front and take steps to ensure...
Protecting a will from being challenged
Requirements for a valid will It is well known that a will is a legal document which sets out how a person wants their assets to be distributed...
How can your strata levies be spent?
What sort of levies can be charged?The owners corporation can raise strata levies as follows.The “administrative fund” is the money...