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Little Known Provisions of the Retail Leases Act

By Kerry Kyriakoudes  I would like to draw to your attention to lesser-known provisions of the Retail Leases Act which may be of benefit to Tenants. 1. Opportunity for Tenants to have current market rent determined early (Section 32, Retail Leases Act) It is very common for rent increases to be determined by a market [...]

2021-05-06T05:57:40+00:00May 6th, 2021|

How does the family court divide property between former partners?

By Nicholas Kyriakoudes When couples separate, the question of how their property is distributed usually comes to the fore. Particularly in circumstances where separating parties have built their life together and have bought and accumulated assets jointly, property settlement can be complicated. Can the court divide interests in property? Under s 79 (for former spouses) [...]

2021-05-06T01:57:38+00:00April 29th, 2021|

Have you been left out of a will? Or are you concerned about someone you have left out of your will?

By Nicholas Kyriakoudes The death of a family member or loved one can be an emotionally challenging and draining time. This is particularly so where someone feels they have been unfairly omitted or not properly provided for in the testator’s will. Whilst the law of succession reflects the notion of testamentary freedom, meaning that generally [...]

2021-05-06T01:58:19+00:00April 26th, 2021|

Do I need to protect my information with a confidentiality agreement?

By Nicholas Kyriakoudes and Peter Bahlmann  Ordinarily, information does not constitute property and therefore there is no restriction on what a person may do with information they hear, read, or otherwise obtain. This becomes problematic with respect to certain information such as trade secrets, recipes, clients lists, or the contents of certain settlement agreements, where [...]

2021-05-06T02:02:30+00:00April 22nd, 2021|

What is the point of making a Will if it can be contested?

By Jasmine Cario  Estate Planning can be a stressful matter and is often something that we postpone, especially in circumstances where relationships between family members have broken down or when faced with potentially difficult decisions. In answering the question, “What is the point of making a Will if it can be contested?”, you must consider [...]

2021-05-06T02:02:56+00:00April 8th, 2021|

How does my ADVO effect my parenting orders?

If you have existing parenting orders in place and there is a subsequent Apprehended Domestic Violence Order (ADVO) or Apprehended Violence Order (AVO) taken out against you, or for your protection and/or the protection of the children, you might be wondering where the parenting orders will now stand. In response to increased reporting and greater [...]

2021-05-06T02:10:30+00:00March 25th, 2021|

What is a Binding Financial Agreement and why do I need one?

A Binding Financial Agreement (BFA) is a written agreement which can be made between a married couple or a couple in a de facto relationship. BFA’s stipulate how property between parties is to be divided in the event of a relationship breakdown. BFA’s can be entered into at various stages of a relationship under the Family [...]

2021-05-06T02:10:56+00:00March 18th, 2021|

Covid-19 Commercial Lease Regulations

Relief for some, but not all landlords By Anna Masi & Youssef Abouelnasr On 7 April 2020, the Government announced its National Code of Conduct in relation to commercial leases so that, under the Code, the economic impacts of the pandemic on lessors and lessees might be shared between them and lessees would be protected [...]

2021-04-28T08:57:35+00:00February 16th, 2021|

Can I Take a Benefit In My Role as Someone’s Attorney?

By Peter Bahlmann No, is the general answer. As an attorney appointed under a Power of Attorney in New South Wales you are required to deal with the property and finances of the principal for the benefit of the principal in the principal's best interests. Unless there is an express ‘benefits’ clause in the Power [...]

2021-04-28T09:01:10+00:00February 4th, 2021|

Determining Appropriate Legal Proceedings in Australia

By Matt Kearins For Australian ex-pats, citizens overseas, or even individuals with significant business in Australia, knowing where to start legal proceedings can be a tricky situation. If you’re trying between starting proceedings in Australia or another country, it is important to have an understanding of forum non conveniens. This is a legal principle that [...]

2021-01-29T00:22:53+00:00January 29th, 2021|
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