The new Powers of Attorney Act 2014 (Vic) (Act) comes into effect as of 1 September 2015. There are new prescribed forms that need to be used from that date onwards. There are now 4 powers of attorney Non-enduring powers of attorney (previously called general powers of attorney). Enduring powers of attorney – personal (previously enduring guardianship power). …
Associations Company Joint Venture Partnership Personal Securities Property
27 May 2015
Should I start a company?
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 …
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Inheritance Wills
31 March 2015
Changes to laws when contesting wills
In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’ was wide-ranging allowing a diverse group to apply therefore increasing …
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Contract Law Leases
27 October 2014
Leases for business
The law of business leases The primary legislation covering retail leasing in Victoria, and for most shops and businesses – is the Retail Leases Act 2003 Vic (the Act) and the Retail Leases Regulations 2003 Vic (the Regulations). The commencement date for the Act and Regulations was 1 May 2003. All current leases that are …
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Court Family Law Family Violence
16 October 2014
Appealing an intervention order
Can a family violence intervention order be appealed? If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision but you need to ensure that this is done within 30 days of the Intervention Order or dismissal of …
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Building Business Law Contact Contract Law Conveyancing Refinancing
16 October 2014
Property sales – early release of deposit money
What is the legal meaning of a deposit? The purpose of the deposit for a purchase of land contract– is to show that the purchaser is serious in completing the transaction. The deposit is usually paid at the time that the contract is signed by the purchaser and is usually 10% of the purchase price …
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Bankruptcy Debt Recovery Sheriff
25 September 2014
Debt Recovery: Part 3 – Warrants
Part 3- of debt recovery series: Using Warrants to Sell Goods & Land This is the most commonly used enforcement procedure and is generally used by a judgement creditor when they believe you own personal property, which can be seized to pay the judgement debt. The Sheriff is directed/ordered by the warrant to attend at …
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Deceased Estate Elder Law Executors Finance Property Wills
24 September 2014
Guide to dealing with deceased estates
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? …
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Inheritance Wills
22 September 2014
Cases on contesting wills – grandchildren
The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In the case of Re Davies a grandchild was successful. This was almost …
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Intervention Orders Laws on Children Separation
22 September 2014
Understanding Intervention and Protection orders in Victoria
There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Where personal safety is involved, it can include situations like stalking, harassment or similar behaviour. If you need …
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