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 …
Property

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 …

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, …

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 …

Why incorporate? Main advantages: Incorporation protects board members from most instances of personal liability by creating a separate legal entity. The company instead of the individual can enter contracts, hold assets and can sue or be sued. Basic principles of the entity and its operations are outlined and enforced. A variety of regulations and guidelines …

Common questions about deceased estates and what executors need to do: Many people do not know where to start after the death of a loved one. Family members or close relatives will often not know where the last will is. Common questions about how to organise the probate are answered here: Was there a will? …

Family Law Orders can counteract Fake Transactions Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to defeat the interest of their spouse/other party in those family law proceedings. …

Fraud upon the elderly is becoming more and more widespread and sophisticated. Presently there does not appear to be any unified Australian legislation which protects older people from this type of abuse. In a 2011 study conducted by the Crime Research Centre of the University of Western Australia its findings were that “misuse of Enduring …

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 …

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 …
