Divorce

By |2019-06-28T08:49:11+10:00June 28th, 2019|Uncategorized|

Deciding to end a marriage is an incredibly difficult decision and can cause both parties a considerable amount of emotional stress. Common misconceptions One of the most common misconceptions in family law is that a “Divorce” includes your property settlement and/or parenting arrangements for your children.  The Application for Divorce is in fact entirely separate [...]

Mother’s Day for Separated Mums

By |2019-05-07T11:41:34+10:00May 7th, 2019|Uncategorized|

This Sunday we celebrate Mother’s Day. It is an opportunity for everyone to pay tribute to all mother figures in their lives and thank them for all their love and support. For separated or single mothers however, this day can come along with its own set of problems. Mother’s Day may be an upsetting and [...]

The move to Electronic Conveyancing

By |2019-06-28T09:32:04+10:00May 7th, 2019|Uncategorized|

On 1 July 2019, electronic conveyancing will be compulsory in New South Wales. Electronic conveyancing provides a quick, simple way to complete the purchase or sale of property. What is electronic conveyancing? Electronic conveyancing is a conveyancing transaction where solicitors and conveyancers settle electronically through the platform provided by Property Exchange Australia Limited (PEXA). PEXA [...]

Appointing an Enduring Guardian

By |2019-04-03T10:48:38+10:00April 3rd, 2019|Uncategorized|

An enduring guardian is an individual who is given authority to make decisions on your health and lifestyle decisions, on behalf of yourself, in the instance where you are no longer able to make those decisions. This is distinct from an enduring power of attorney who, in the same instance, manages your financial and legal [...]

Financial Disclosure in Family Law

By |2019-02-15T08:11:38+10:00February 15th, 2019|Uncategorized|

Parties involved in a Family Law matter have a duty to disclose to the court and to the other side certain financial information which is relevant to an issue in their case, which is in their possession or which they have authority or ability to contain. This is called the “duty of disclosure” as set [...]

Family Law and Dads – Understanding your Rights

By |2019-01-25T12:31:24+10:00January 25th, 2019|Uncategorized|

Going through a separation is never easy, particularly when there are children involved.  It is not possible for care arrangements to continue as they were when parties were together, and it is often difficult to come to agreement that both parties are happy with, particularly where there has been conflict.  Sadly, it is often the [...]

The Family Court and de facto relationships

By |2019-01-25T12:05:50+10:00January 25th, 2019|Uncategorized|

Over the last decade an increasing number of Australians are living in de facto relationships, while marriage rates have fallen. Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating de facto couples as applies to separating married couples. That is, any [...]

The process of obtaining Probate

By |2018-12-12T09:18:10+10:00December 12th, 2018|Uncategorized|

Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and enables the executor to legally deal with the assets of the deceased’s estate. As the legal personal representative of the estate, the executor must determine the assets and liabilities, liaise with debtors, creditors [...]

Executing documents on behalf of a Company

By |2018-12-12T09:01:41+10:00December 12th, 2018|Uncategorized|

There are a number of ways that a document can be signed by a company and it is important that all directors are familiar with the formalities that need to be adhered to when executing documents. It is essential that all documents signed by a company are executed properly to create legally binding agreements that [...]

What happens if your property is damaged before settlement?

By |2018-12-12T08:55:31+10:00December 12th, 2018|Uncategorized|

This article explores the legal position of a purchaser and vendor when a property that is the subject of a sale is damaged after exchange of contracts but before settlement. The information in this article is equally relevant to both parties involved in a residential conveyancing transaction. The passing of risk The time that risk [...]

Important things to consider when buying a business

By |2018-10-29T14:12:03+10:00September 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+10:00September 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+10:00September 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+10:00July 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+10:00July 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+10:00July 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+10:00June 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+10:00May 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+10:00April 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+10:00April 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+10:00April 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+10:00March 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+10:00March 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+10:00December 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+10:00December 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+10:00December 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 [...]

Load More Posts