Testamentary Trusts
Testamentary trusts can be very effective estate planning tools to assist in providing for spouses, children and grandchildren, and are becoming increasingly popular as more people become aware of their advantages. A Testamentary Trust is any trust established under a will, but the term is usually used in the context of a discretionary family trust […]
How to find the right lawyer in a Commercial Dispute case
If your business or one you know (or an individual) is facing litigation, either because another party is threatening it, or because you feel you have a right to take action, what do you do first and where do you seek help? It has been said that litigation is a game in which the court […]
Strata Law Reforms
In 2015 the New South Wales Parliament passed the Strata Scheme Management Bill 2015 and the Strata Scheme Development Bill 2015, with more than 90 law changes. The new pieces of legislation set out comprehensive reforms of NSW strata laws modernising the law to reflect the reality of living in a strata townhouse or apartment […]
Personal Property Security Register
It is crucial that people who have a security interest in personal property take it seriously or risk losing their security interests. Many businesses are struggling to understand the implications of the Personal Property Security Register (PPSR). In this article we have provided a simple summary and a timely warning about what to do, following […]
Making a Will if capacity is in question
It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will – provided you have capacity. In general terms a person will have the necessary capacity if […]
Extension of the unfair contracts regime to small businesses
The Federal Government has enacted legislation extending the unfair contract term protections of the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) to the small business sector. Under the new laws, a Court is able to declare that a term of a standard form small business contract […]
Enduring Powers of Attorney explained
A lot of people have heard of a Power of Attorney however most do not fully appreciate the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document used to allow someone to handle your affairs in a variety […]
The Power of a Statutory Demand
If you are in business, whether it’s in the capacity of a company director, in management or if you represent a company as its accountant, you must know of the power of a Statutory Demand. This article sets out the huge benefits in using this as a method of very quickly and effectively collecting a […]
Six things to know about Binding Financial Agreements
There are many names for Binding Financial Agreements or BFA’s, including; Pre-nuptial Agreements (commonly known as pre-nups), Post-nuptial Agreements (post-nups); and Cohabitation Agreements. They are known by the courts as Binding Financial Agreements. There have even been movies about them and their enforceability and plenty of sensational newspaper stories but this article sets out the […]
Have you heard about a Living Will?
Imagine being in hospital unable to move or communicate following a serious medical event. It is much easier for your family and loved ones to be sure they are making decisions consistent with your wishes provided they have been considered in advance. Today Australians are living longer and statistically some of us will face a […]