Planning for what happens to your assets, your family, and your legacy after you’re gone isn’t easy. It’s personal, sometimes confronting, and if we’re honest, it’s something most of us put off longer than we should. But the decisions you make now, or don’t make, can have lasting consequences for the people you care about …
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Part 2 of Debt Recovery Series Checking What Assets and Income the Debtor has before you enforce your judgement SUMMONS FOR ORAL EXAMINATION (SOE) The SOE is best utilized if you have no information about the debtor’s financial position. If you obtained a judgement debt, on your request and for a small fee, the Court’s …

Changes to the law proposed- may disadvantage those left out of family member’s wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide for them. This could include domestic partners, stepchildren, and …

Part 1 of Debt Recovery Series CHASING MONEY: THE LETTER OF DEMAND (LOD) A LOD is sent to a person or organisation who owes you money (the debtor) following your supply to them of goods and services. The LOD advises the debtor of the amount outstanding and threatens court action to recover the debt if …

Mediation in Family Law Matters It is compulsory to attempt formal mediation in family law matters, before one can go to court to get orders relating to children. There are some exceptions to this rule. If the matter settles at mediation there also advantages and disadvantages of finalising agreement within the mediation. Mediation and Family …

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 …

Starting or Buying a New Business – Which Structure? What Is The Best Legal Structure For A Start Up Business? The importance of getting your structure right when buying or starting up a small business cannot be underestimated and the correct commercial legal advice. For example, there are capital gains tax concessions which are available …
