About Tash Nolan

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So far Tash Nolan has created 44 blog entries.

Important things to consider when buying a business

By |2018-10-29T14:12:03+00:00September 24th, 2018|Uncategorized|

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 and issues involved in the sale are quite different if you are buying the business assets only, compared with the [...]

DIY Will kits – why it’s a bad idea

By |2018-09-24T15:38:33+00:00September 24th, 2018|Uncategorized|

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 take your information and create a Will for you seemingly without any legal expertise required. So, is it really a [...]

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

By |2018-10-29T14:12:03+00:00September 24th, 2018|Uncategorized|

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. For those lucky enough to have parents able to assist them financially in adulthood, whether by helping them into the [...]

Powers of Attorney Explained

By |2018-10-29T14:12:03+00:00July 9th, 2018|Uncategorized|

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. A Power of Attorney is a useful, and often, necessary legal document used to allow someone to handle your financial [...]

Understanding Spousal Maintenance

By |2018-10-29T14:12:03+00:00July 9th, 2018|Uncategorized|

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 in the event that the relationship breaks down. The responsibility to financially assist your spouse or de facto partner or [...]

Guide to Buying Commercial Premises

By |2018-10-29T14:12:03+00:00July 9th, 2018|Uncategorized|

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 if the premises are leased. In this article we set out some of the key issues in relation to buying [...]

An overview of Retail Leases

By |2018-06-04T21:21:37+00:00June 4th, 2018|Uncategorized|

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. A commercial lease governs such matters. Some commercial leases are classified as ‘retail’ and, in New South Wales, are governed [...]

Wills for blended families

By |2018-10-29T14:12:03+00:00May 19th, 2018|Uncategorized|

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. Careful estate planning now should ensure that all of your intended beneficiaries are provided for when you die and that [...]

Taxation issues arising in family law property settlements

By |2018-10-29T14:12:04+00:00April 3rd, 2018|Uncategorized|

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 and lawyer as to your particular circumstances. This article examines the tax consequences for the different types of assets that [...]

Starting a business: choosing the right structure

By |2018-10-29T14:12:04+00:00April 2nd, 2018|Uncategorized|

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 the advantages and disadvantages of each. When setting up a business structure, consideration should be given to factors such as [...]

Selling your property in Autumn

By |2018-10-29T14:12:04+00:00April 2nd, 2018|Uncategorized|

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 is equally as good, if not better than, spring to sell a residential property. The benefits of selling in autumn [...]

Inheritances in Family Law

By |2018-10-29T14:12:04+00:00March 4th, 2018|Uncategorized|

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 wishes of the deceased, while the other party is likely to argue that the inheritance is an asset of both [...]

NSW first home buyer entitlements

By |2018-10-29T14:12:04+00:00March 4th, 2018|Uncategorized|

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 many potential purchasers by improving housing affordability across the state. How can first home buyers benefit? Entering the property market [...]

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

By |2017-12-10T16:36:41+00:00December 10th, 2017|Uncategorized|

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 take your information and create a Will for you seemingly without any legal expertise required. So, is it really [...]

Top 5 Myths About Family Law Property Settlements

By |2018-10-29T14:12:05+00:00December 10th, 2017|Uncategorized|

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 and care arrangements for children. Unfortunately this is reflected in a great quantity of inaccurate statements, often regarded as fact [...]

Disclosure and warranties in residential property transactions

By |2018-10-29T14:12:05+00:00December 10th, 2017|Uncategorized|

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 Land) Regulation 2017 (effective 1 September 2017). Despite these obligations however, certain matters affecting the property are not covered by [...]

Why you should consider appointing an Enduring Guardian

By |2018-10-29T14:12:05+00:00November 5th, 2017|Uncategorized|

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 enduring guardian can make personal, health or lifestyle decisions on your behalf, in the event that you are no longer [...]

Child Support: the fundamentals

By |2018-10-29T14:12:06+00:00November 5th, 2017|Uncategorized|

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 regulated through various laws and administered by the Department of Human Services (Child Support) (‘DHS Child Support’). Child support payments [...]

Purchasing a property: pre-purchase checklist

By |2018-10-29T14:12:06+00:00November 5th, 2017|Uncategorized|

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 be for your own home or an investment. The Contract for Sale of Land follows the common law of “caveat [...]

Capital gains withholding: impacts on foreign investors and Australian residents

By |2017-10-02T15:40:24+00:00October 2nd, 2017|Uncategorized|

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 2017. From 1 July 2017 the threshold to withhold has been reduced from $2 million to $750,000 and the withholding [...]

The divorce process explained

By |2018-10-29T14:12:06+00:00October 2nd, 2017|Uncategorized|

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 down irretrievably. That is, there is no reasonable likelihood that the parties will get back together. Separation To be eligible [...]

Shareholder Agreements: What you need to know

By |2018-10-29T14:12:06+00:00October 2nd, 2017|Uncategorized|

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 plan are clearly illustrated in a case in the Federal Court between co-owners of the popular Grill’d fast food empire. [...]

Parenting Arrangements Post Separation

By |2018-10-29T14:12:06+00:00September 1st, 2017|Uncategorized|

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 agreement is that the legal fees will be significantly reduced, and in our experience, the parties are more likely to [...]

Commercial Leasing: Issues to Consider

By |2018-10-29T14:12:06+00:00September 1st, 2017|Uncategorized|

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 and conditions. If you don't understand what you are agreeing to you, there could be serious legal and financial consequences. [...]

New Verification of Identity (VOI) requirements in property transactions

By |2018-10-29T14:12:11+00:00August 21st, 2017|Uncategorized|

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 in property transactions to ensure that the person they are acting for are indeed who they say they are, and [...]

What happens to your super when you separate?

By |2018-10-29T14:12:11+00:00July 9th, 2017|Uncategorized|

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 parties as a part of their property settlement. Superannuation splitting law treats superannuation as a different type of property.  It [...]

How to determine ‘capacity’ to make a Will

By |2018-10-29T14:12:11+00:00July 9th, 2017|Uncategorized|

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 have the will prepared professionally, and to have it witnessed by the person's doctor who could testify later as to [...]

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

By |2018-10-29T14:12:11+00:00July 9th, 2017|Uncategorized|

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 rising market, so it is important for buyers to understand the processes involved so they can bid confidently on the [...]

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