WILLS AND FAMILY AGREEMENTS: WHAT CAN GO WRONG There are a significant number of generous parents these days who purchase properties for their adult children based on family “understandings” that are never recorded, only verbal. The agreement varies from family to family and can include arrangements anywhere from the parents legally owning the house, to …
Business Law Company Contract Law Personal Securities Property Refinancing
6 February 2026
How can you check ownership of goods for business sale?
The New Personal Properties Securities Act 2009 (PPSA) explained How can you check ownership of goods for business sale? What is PPSA? The PPSA is legislation which changes the way security interests in personal property are dealt with across Australia. The PPSA rewrites the law on traditional securities such as mortgages and charges and will …
0
0 Comments
Binding Financial Agreement Challenging Binding Financial Agreements conflict resolution Contract Law dispute resolution Divorce Family Law family mediation
4 June 2018
Challenging a Binding Financial Agreement in court
There has been a lot of debate lately about how hard or easy it is to challenge a binding financial agreement (BFA) in court. BFAs made between married or de facto spouses and can be made before moving in/marriage (“prenups“) or during the relationship post-marriage/moving in. Just because it may seem unfair to enforce the …
0
0 Comments
Business Law Binding Financial Agreement Contract Law contractual obligations
7 March 2017
Solicitor Certificate: Why solicitors don’t just “sign off” on bank documents
Like many other lawyers, we get enquires regarding Bank Mortgages and Guarantees and the paperwork a borrower or guarantor needs to be completed with a lawyer, sometimes called a Solicitor Certificate. A lot of clients ring up and say “we just need to sign this in front of a lawyer- that’s what the bank told us- so …
0
0 Comments
Contract Law Conveyancing Discharge of Mortgage
16 December 2016
Digital Conveyancing – moving away from paper transactions to electronic conveyancing
The following update has been released from the Australian Institute of Conveyancers Victoria (some notable deadlines have been underlined). It details information on the move to digital conveyancing or electronic conveyancing in Victoria. Transitioning to 100% Digital Conveyancing As we have been saying for a couple of years, electronic conveyancing through an ELNO will supercede paper …
0
0 Comments
Asset Protection Bankruptcy Company Contact Contract Law Debt Recovery Joint Venture Personal Securities Property Refinancing
9 May 2016
Risks and legalities of lending money
You are not a bank but you decide to lend someone money….. There are a lot of families I see where they have lent a considerable amount of money to their adult working children with the expectation that it will be paid back, but there is nothing actual concrete to ensure it happens. The accountability …
0
0 Comments
Contract Law Conveyancing Property Refinancing Transfer of Land
9 May 2016
What is Pexa electronic conveyancing?
PEXA is electronic conveyancing platform for use by conveyancers, lawyers, banks, purchasers and sellers of property. It replaces the traditional face to face conveyancing settlements. Apart from arranging settlements of purchases and sales, conveyancers and lawyers are now also able to lodge caveats using PEXA. The lodgement of the caveat is lodged directly on title in …
0
0 Comments
Asset Protection Contract Law Conveyancing Property
9 May 2016
Changes to property law – verification of identity now required
Recently changes were made to the law regarding identification requirements for entering into land transactions. These changes were designed to prevent fraud on titles and other financial transactions. This is especially important now that conveyancing can be done electronically. “Verification of Identity” is now required for any land transaction. If you’re buying, selling or transferring property, …
0
0 Comments
Business Law Contract Law Leases
6 May 2016
8 tips when negotiating a commercial lease
1. Lease Cost Determine the monthly cost of the leased premises by multiplying the square metres of the premises by the price per square metre and then divide this number by 12. The resulting figure is the monthly cost. Negotiate rent free periods or a discount on the annual cost to limit your costs. 2. Term …
0
0 Comments
Asset Protection Contract Law Court Family Law Family Trusts Prenups Property Separation
19 October 2015
Binding financial agreements and prenups explained
A binding financial agreement or prenup as the casual term, is an written agreement between two parties setting out the assets, liabilities, property and other financial information of how it will be divided should there be a relationship breakdown. Binding financial agreements can be made before, during or after a marriage or de-facto relationship. Lets …
0
0 Comments