BLOG
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 [...]
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 [...]
Make good clauses and obligations
A “make good” clause is a term in a lease which sets out the condition in which a tenant is to leave the leased premises in at the expiry of the lease term. These clauses identify the condition in which [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
What happens if I die without a will? Why should I make one?
For many writing a will is a confronting task. Thinking about death and planning how you will support your family after you die is a challenging thought. However, making a will is necessary for this purpose and should not be [...]
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 [...]
