What is an Occupancy Permit? An occupancy permit tells anyone interested in purchasing a newly built or renovated property that the property is suitable for occupation. Occupation of the home is not permitted until the certificate is issued: it is otherwise an offence. The occupancy permit is different from a Certificate of Final Inspection which …
Court Family Law
18 September 2014
What to do and say in court
Some tips on Court Etiquette and what to do whether or not you have a lawyer….. Arrive on time. Do not be late to court. It is disrespectful to the court and will cause the matter to be delayed unnecessarily, wasting valuable time and resources. Make sure you arrive before and not at the time …
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Company Contract Law
18 September 2014
Debt recovery for businesses: Part 2 enforcing your judgement debt
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 …
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Deceased Estate Elder Law Inheritance Wills
18 September 2014
Changes to inheritance laws are coming
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 …
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Business Law Company Contact Debt Recovery Finance Joint Venture Partnership
6 August 2014
Debt recovery for businesses: Part 1 which court and when?
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 …
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Mediation
24 June 2014
Mediation in family law matters
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 …
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Family Law Discretionary Trusts Family Trusts Property Separation
24 June 2014
Family law orders can counteract fake transactions
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. …
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Contact Discretionary Trusts Elder Law Family Trusts Guardianship Inheritance Power of Attorney Property Refinancing Wills
6 June 2014
Legal and financial fraud on the elderly
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 …
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Contract Law Family Trusts Inheritance Joint Venture Prenups Property Refinancing Wills
27 May 2014
Wills and family agreements
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 …
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Business Law Company Contract Law Personal Securities Property Refinancing
5 May 2014
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 …
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