The Law Institute of Victoria Awards celebrate outstanding law firms and individuals who truly advance the legal profession, contribute to community or demonstrate excellence in legal practice in Victoria. The Law Institute of Victoria Awards recognise exceptional contributors to the legal profession in a range of categories. As the most prestigious legal accolades in Australia, the …
Power of Attorney
25 November 2015
What are Powers of Attorney and their types?
A power of attorney is a legal document where a person (known as the Principal) appoints substitute decision makers (known as their Attorney/s) who can make decisions for them. There are four types of Powers of Attorney Enduring Powers of Attorney (previously known as enduring guardianship power) means the power continues (endures) even when a …
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Asset Protection Contract Law Court Family Law Family Trusts Prenups Property Separation
19 October 2015
Binding financial agreements and prenups explained
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 …
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Building Business Law Contact Conveyancing Finance Refinancing Self-Managed Super Funds
18 September 2015
Things you should know about refinancing
Have interest rates fallen considerably since you took out your mortgage? Has your credit score or financial situation improved so you may be eligible for a lower rate? Would you like to access your equity for an investment or renovations? These are all great reasons to consider refinancing your mortgage. Refinancing can often be a …
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Power of Attorney Wills
9 September 2015
New power of attorney forms
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). …
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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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