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...
Fact or fiction – Top 5 myths about family law property settlements
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and care arrangements for children. Unfortunately this...
Choosing a Business Structure
There are 4 main types of business structures for doing business in Australia, each with their own advantages and disadvantages. A person can carry on business as a sole trader, partnership, trust and company. The choice of business structure is an important decision...
Verification of Identity in property transactions
Verification of Identity (VOI) is a process used to confirm the identity of a person. Lawyers and other parties involved in property transactions have an obligation to ensure that the person claiming authority to deal with land is legally permitted to do so. This...
Protecting your cashflow – the importance of your terms of trade
Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers. These terms form the basis for the trading relationships for all businesses. If a business is the supplier of...
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...
Does your privacy policy comply with the privacy laws?
New privacy laws known as the Australian Privacy Principles were introduced in 2014, the laws are a new set of privacy principles affecting the handling of personal information. If you have a website privacy policy you should review it for compliance with the privacy...
Dealing with deceased estates – Executor duties
After a person dies someone has to look after the assets of that person and pay the person's debt. Although the person is no longer here, his or her affairs must be finalised and the person to finalise the affairs is appointed by the Will of the deceased. Where a...
Buying a property at auction – Things you need to know BEFORE the auction day
Buying a property can often be an intimidating process, especially at auction where you are competing with other buyers and there is no cooling off period. Many properties are sold at auction, particularly in a rising market, so it is important for buyers to...
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...