Retail lease disputes in Victoria and around Australia commonly arise in shopping centres in relation to relocation, exclusivity, fit out requirements, turnover rental, promotion funds and signage. For other shops, shared parking and repairs and maintenance are often the cause of argument. Old air conditioning units that are constantly malfunctioning test the understanding of the …
Wills
25 September 2017
Grounds for Challenging a Will
What are the grounds for challenging a will? Family members, dependants and beneficiaries named in a will may distrust the will’s validity, alleging that it should not stand as the testator’s last will. To challenge a will an applicant requires ‘standing’, which essentially means they must have an interest in the proceedings either as a …
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Appeals Court Criminal Law
8 September 2017
Appeal from Magistrates Court Sentence
Have you been charged and convicted of a crime? If so, was the penalty excessive? Or worse still -were you innocent of the charges but still convicted? An accused has the right of appeal to the County Court from the Magistrates’ Court, against conviction and/or sentence. There are time limits to do this, however. A …
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Divorce Family Law Property Property Settlement Separation
29 August 2017
Splitting Super after Divorce
How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship. Rather than cashing out the super is “split” and assigned to the spouse who is entitled to a top up. Superannuation …
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Contact Court Custody Divorce Family Law Family Violence Laws on Children
25 August 2017
Can Recordings Be Used in Family Law Court?
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
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Contact Court Custody Divorce Family Law Intervention Orders Laws on Children Property
22 August 2017
Social Media in Family Law Court Cases
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for …
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Asset Protection Family Law Inheritance Property
22 August 2017
Inheritance and Divorce: Claims over a spouse’s inheritance
Whether your inheritance will be counted in the divorce assets to be split depends on each case. There is no “one rule for all cases“. Where the inheritance has already been received these are some relevant factors taken into account in a divorce case: Time since the inheritance – If a long time has passed between …
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Court Custody Family Law
8 August 2017
Moving abroad with child after divorce
If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don’t agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in parenting cases. In the recent case of a …
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Contact Court Custody Family Law Laws on Children Separation
1 August 2017
Child kidnapping cases in Australia family law
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’ which is normally a term applied to the …
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Conveyancing Property Tax
31 July 2017
Property over $750 000 needs ATO clearance certificate to avoid 12.5% tax
All vendors selling property over $750,000 are required to obtain an ATO Clearance Certificate These new changes will apply to contracts entered into on or after 1 July 2017. What are the upcoming changes? From July 1, the FRCGW withholding tax rate increases to 12.5% from 10%. This applies to properties where the purchase price is $750,000 and above, where it …
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