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So far Admin has created 25 blog entries.

The benefits and uses of testamentary trusts

By Nicholas Kyriakoudes When one disposes of their property by will depending on the circumstances it might be appropriate to distribute property to certain beneficiaries in a trust structure rather than as an outright gift. Given the notion of testamentary freedom lies at the heart of succession law, a testator is able to leave property [...]

2021-12-20T05:38:59+00:00December 20th, 2021|

What is a default judgment? Why should I be concerned?

In many instances we forget to pay invoices. However, problems can arise where unpaid invoices lead to legal proceedings. If legal proceedings are initiated against you, it is important that you act quickly and respond to claims. Quick responses are important Ordinarily for legal proceedings, as a defendant, you have 28 days from the date [...]

2021-11-04T23:22:10+00:00November 4th, 2021|

What constitutes a “Major Defect” under the Home Builders Act 1989 (NSW)

Classification of work as a major defect gives rise to a 6-year statutory warranty. Section 18E(1)(b) of the Home Builders Act 1989 (NSW) prescribes a statutory warranty period of 6 years for faulty or defective workmanship which results in a major defect to a residential building. However, to be entitled to the 6-year statutory warrant [...]

2021-10-21T01:57:27+00:00October 21st, 2021|

What are liquidated damages? When might they be used?

As a general proposition, parties are free to contract with one another on whatever terms they agree. Breach of a contractual term will entitle a party to recover any loss they suffer as a result of the breach, that is their damages, and in serious breaches may entitle the party to terminate the contract in [...]

2021-10-07T00:23:27+00:00October 7th, 2021|

Are family discretionary trusts included in a family law property division?

Generally, only the property which are a party’s assets such as a home, motor vehicles, shares and other assets will be considered as a part of family property alteration orders under s 79 of the Family Law Act 1975 (see https://hansonslawyers.com.au/property-settlement-division/). Financial resources are broader than assets and as such are generally not included in [...]

2021-09-30T04:31:04+00:00September 30th, 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 [...]

2021-08-13T02:33:26+00:00August 13th, 2021|

Are the family Court orders concerning my children Final?

Although a final parenting order is not actually considered to be “final” in the true sense of the word, the Court will not lightly entertain an application to reverse such an order, on the basis that to allow a party to do so would invite endless litigation for change.   Are parenting orders final? A [...]

2021-07-30T01:47:16+00:00July 30th, 2021|

Parent to child loans. Should I loan my child money?

Is it a loan or a gift? In equity there is a presumption (called the presumption of advancement) that when money is advanced from a parent to a child (or between a husband to his wife), the advancement is a gift and not a loan. The presumption applies where there is a lack of evidence [...]

2021-07-29T22:29:07+00:00July 15th, 2021|

What is a power of attorney and an enduring guardianship? Do I need one?

What is a Power of attorney? A power of attorney is a legal document that gives another person (or more than one person), called your attorney/s, the authority to make decisions over your legal and financial affairs during your lifetime. The powers granted to your attorney/s may commence immediately, upon the happening of a certain [...]

2021-07-29T22:29:39+00:00July 12th, 2021|
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