Important things to consider when buying a business

If you are considering buying a business there are many things you need to do from a legal, financial and general business perspective.  Getting the right advice from the outset is important. The structure of [...]

DIY Will kits – why it’s a bad idea

It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that [...]

Was it a loan or a gift? – Big difference!

Housing affordability is a big issue for young Australians. When discussing that issue recently, the Prime Minister infamously remarked that the solution is for parents to “shell out” to help their children buy a home. [...]

Powers of Attorney Explained

A lot of people have heard of a Power of Attorney however most people do not fully appreciate the extent of the document’s power, its benefits or the types of Powers of Attorney that exist. [...]

Understanding Spousal Maintenance

It is not widely known that when we enter into a marriage or de facto relationship we may be liable to maintain our spouse or de facto partner or, on the other hand, receive maintenance [...]

Guide to Buying Commercial Premises

Buying a commercial property (such as a warehouse, office building or retail space) is more complicated than buying a residential property. There are complex contract terms, detailed planning information and additional legal and commercial implications [...]

An overview of Retail Leases

Commercial leases form part of many business transactions. When leasing commercial property, it is important for both landlords and tenants to understand the relationship they are entering and the rights and obligations they each have. [...]

Wills for blended families

Making a Will is important, particularly if you are part of a blended family. A blended family is a family in which one or both partners have a child or children from a previous relationship. [...]

Social media and family law: think before you post!

“Say it – forget it. Write it – regret it!” Social media - Facebook, Instagram, Twitter, Snapchat and the like - have become an accepted part of modern life.  Many of us use such forms [...]

Taxation issues arising in family law property settlements

This article is intended to be a broad guide to the taxation issues that may arise in family law property settlements.  This area is complex, and we recommend that you seek advice from your accountant [...]

Starting a business: choosing the right structure

The choice of business structure is an important decision to make at the outset of a business venture.  Below we consider the four main types of structures including sole trader, partnership, company and trust and [...]

Selling your property in Autumn

Spring is traditionally seen as the best time to sell a property, when the weather is warming up and buyers become more active. However, there are a number of studies which have revealed that autumn [...]

Inheritances in Family Law

The treatment of inheritances in family law often results in bitter disputes and protracted litigation.  This is because the party who received the inheritance believes they should retain all of it in accordance with the [...]

NSW first home buyer entitlements

First home buyers in New South Wales can expect big stamp duty savings through reforms which were delivered in the 2017 budget and commenced on 1 July 2017. The new package is anticipated to assist [...]

Estate planning: FAQ

For most of us, estate planning and having to think about what will happen to our assets when we die, is not on our “top ten things to do” list. But, it should be. Putting [...]

Why it’s a bad idea to write your own Will

It is relatively easy to find a free Will template on the internet and fairly cheap to buy a "Will Kit" from a newsagent or online.   There are also websites that have “data collectors” [...]

Top 5 Myths About Family Law Property Settlements

Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing [...]

Disclosure and warranties in residential property transactions

Sellers of residential real estate must give statutory warranties about the property they are selling and include certain disclosure documents in the contract. The disclosure and warranty requirements are found in the Conveyancing (Sale of [...]

10 points to consider when participating in a strata renewal process

A novel set of provisions - the strata renewal process From 30 November 2016, Part 10 of the Strata Schemes Development Act 2015 (“the Act”) commenced and allows for a “collective sale” or “redevelopment” of [...]

Why you should consider appointing an Enduring Guardian

Most people are aware that they need a Will, and many people are also familiar with Powers of Attorney.  What many people are often unaware of is the importance of appointing an Enduring Guardian. An [...]

Child Support: the fundamentals

Family law principles recognise that both parents are financially responsible for their child, regardless of their marital status, past or present relationships or involvement in the child’s life. The child support scheme in Australia is [...]

Purchasing a property: pre-purchase checklist

Buying a property is the biggest investment or financial outlay that most of us will make in a lifetime. It is therefore essential that you make well-informed decisions when you purchase a property, whether it [...]

Capital gains withholding: impacts on foreign investors and Australian residents

Legislative provisions which impose foreign resident capital gains withholding payments in regard to property acquisitions came into effect in July 2016. An updated rate and threshold now applies to contracts entered into after 1 July [...]

The divorce process explained

In this article we explain the process of divorce in simple terms. Today in Australia a court does not consider why the marriage ended. The only ground for divorce is that the marriage has broken [...]

Shareholder Agreements: What you need to know

Starting a business requires careful planning and consideration. A failure to allow for unforeseen events or for ways to resolve future disagreements could put your new venture at considerable risk. The repercussions of failing to [...]

Parenting Arrangements Post Separation

As a matter of principle, we encourage our clients to reach an agreement, if possible, about their parenting arrangements post separation, without the need to resort to the Family Law Courts. One advantage in reaching an [...]

Commercial Leasing: Issues to Consider

When renting a business premises, it is important for both landlords and tenants to understand the rights and obligations that they each have. You should never sign a lease without understanding all of its terms [...]

New Verification of Identity (VOI) requirements in property transactions

Verification of Identity (VOI) is a process used to confirm the identity of a person. In the age of electronic transactions or ‘paperless transactions’, it has become especially important for Lawyers and other parties involved [...]

What happens to your super when you separate?

When a marriage or de facto relationship breaks down, property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between [...]

How to determine ‘capacity’ to make a Will

Where there is any doubt about a person's mental capacity great care must be taken when making a will as it may be subject to challenge. It is always wise in such a case to [...]

Tired of missing out at auction? Here’s our top tips on securing the property when the hammer falls.

Buying a property can often be an intimidating process, especially at auction where you are competing with other buyers and there is no cooling off period. Many properties are sold at auction, particularly in a [...]

Testamentary trusts explained

Testamentary trusts can be a very effective estate planning tool to assist in providing for spouses, children and grandchildren, and are becoming increasingly popular as more people become aware of the advantages they offer. A [...]

Keep calm: e-Conveyancing is coming…

For the past 150 years when completing a property settlement, it has been necessary for lawyers and banks to physically meet up to check and swap documents and cheques so that settlement can occur. Upon [...]

Grandparents: your rights to see your grandchildren

If you are a grandparent and face the sad circumstance of a relationship breakdown in your family, you may be worried about your right to continue seeing much-loved grandchildren. Unfortunately, some grandparents only see their [...]

Strata Law Reforms

After some period of public consultation, reforms to the laws governing the management and development of strata schemes in NSW have now come into force. Most provisions of the Strata Schemes Management Act 2015 and [...]

Binding Financial Agreements: are they worth the paper they’re written on?

The concept of financial agreements was introduced into the Family Law Act in 2000.  While commonly referred to as “pre-nups” or “prenuptial agreements”, the correct term is financial agreements. Three types of financial agreements may [...]

Dealing with deceased estates – Executor duties

If you have recently lost a family member or friend, we understand that this can be a difficult and emotional time.  We want to make it as easy as possible for you go through the process [...]

Being a Family Lawyer

Following the breakdown of a relationship, family lawyers face a challenging and, at times unenviable task of helping their client through one of the most difficult periods of their lives.  The role is usually evenly [...]

Family Law Property Settlements: Is a 50/50 split the starting point?

Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and anxious about their entitlements in a property settlement and the assets they are likely to [...]

  • Estate Lawyers Sydney

FAQs – Powers of Attorney

What is a power of attorney? A Power of Attorney grants another person the legal authority to make important financial and legal decisions on your behalf if an accident or illness means that you do [...]

Swimming Pools – New Compliance Laws

Across Australia, thousands of homes have backyard swimming pools. With drowning being a leading cause of preventable death in young children, swimming pool safety is an important issue for the community. New compliance laws came [...]

Do you own and live in a Strata Scheme? Three basic responsibilities of owner occupiers explained.

Every owner and occupier of a strata title unit in NSW has basic responsibilities that relate to their ownership and occupation of their apartments under the new strata legislation. These include: A requirement to comply [...]

  • conveyancing special conditions

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 is designed to ensure that the buyer obtains good and marketable title [...]

  • separation and divorce

Things to consider when partners separate

Do you have a friend or relative who has just separated? If so, the information below should help. What is separation? Separation means the bringing to an end of a marriage or de [...]

  • updating your will

Making your Will count – Healthy Will Checklist

Nearly half of all Australians don’t have a valid Will. It is important for everyone over the age of 18 to have a Will so that their wishes are followed and their assets are [...]

  • separation and divorce

Buying a property: FAQ

Do I need a solicitor? Yes. Buying a property is one of the biggest financial decisions you will ever make. Making an offer and entering into a Contract without knowing your legal rights [...]

  • separation and divorce

Separated? Now what?

What is separation? Separation occurs when one party in a relationship communicates their intention to end the relationship to the other party. It is not necessary that both parties agree to separate - [...]

  • Family Lawyers Sydney

Learning from Lebanon: children and overseas travel

We all remember the infamous Vincente sisters custody battle that played out in the media in 2012, after the Family Court of Australia ordered that four girls be removed from their mother's Sunshine Coast home and [...]

  • Wills Lawyers Sydney

Do I need a Will?

One question I get asked a lot is "Do I need a Will?" Nearly half of all Australians don't have a valid Will. There are many reasons why you should make a Will, [...]


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