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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 [...]
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. [...]
Life estates, rights of residence and their use
In some cases, you may wish to leave someone a right to live in your property after you die, but you want to gift the legal ownership of the property to someone else. This right can be given by either [...]
The dangers of self-made wills
Preparing your own will may seem appealing and cost effective, but there are significant risks with will kits and ‘home-made’ wills. The importance of having a lawyer test capacity For any testamentary document to have effect, the testator (or willmaker) [...]
Tenants’ fixtures and removal
Is it a fixture or chattel? Contracts for the acquisition of property often include a clause under which the purchaser becomes entitled to any fixtures attached to the property. Generally, fixtures are those immovable objects which are considered part of [...]
