As the median age of the Australian population continues to rise, some suggest that issues of capacity will increasingly impact the legal profession. Capacity is integral to a client’s ability to enter transactions or make legally binding agreements. While there’s a common law presumption that a client has the necessary capacity to make such decisions …
Mental Capacity: A Guide for Solicitors Assessing their Clients Read More »
Co-owning property can become problematic, especially when relationships between co-owners deteriorate or circumstances change. In such cases, section 66G of the Conveyancing Act 1919 (NSW) provides a legal solution by allowing a co-owner to seek a Court order for the forced sale of co-owned property. Section 66G and Forced Sale of Co-Owned Property Section 66G …
Forced Sale of Co-Owned Property: Understanding Section 66G Read More »
Being classified as casual may not always fit the definition under the Fair Work Act 2009 (Cth). This causes situations whereby misclassifying a permanent worker as a casual impact their entitlement to statutory benefits like annual leave.[1] So how do you know if you are a casual or full-time employee? This article explores the revised …
Casual employees and unfair dismissal: Know Your Rights If you believe your dismissal was unfair, your eligibility to claim unfair dismissal depends on whether you are a casual or permanent employee Under the Fair Work Act 2009 (Cth), you must meet the minimum employment period to qualify. Casual employees may find this harder to prove, …
Casual Employees and Unfair Dismissal: Know Your Rights Read More »
Inheritance often raises concerns during separation or divorce, particularly in family law. Clients frequently ask if an inheritance they received, or expect to receive, will be included in the asset pool for division with their spouse. This article explores the treatment of inheritance in family law, focusing on the keyword “inheritance family law.” Inheritance Family …
A Special Disability Trust (SDT) offers families a way to provide for a family member with a severe disability. This trust ensures their long-term care and accommodation needs are met while preserving their eligibility for social security benefits. This article covers the key aspects of Special Disability Trusts, including their benefits, gifting rules, and the …
Enforceability of Binding Financial Agreements in Family Law Introduction Binding Financial Agreements (BFA) in family law determine financial arrangements during and after a relationship. BFAs provide clarity and security regarding asset and liability division. However, their enforceability can be contested. This article explores the enforceability of BFAs and the conditions under which they can be …
Family Law Act Amendments: Understanding the Impact on Clients and Practitioners On 6 May 2024, the long-awaited Family Law Amendment Act 2023 (Cth) came into effect. These significant changes to the family law jurisdiction reshape how courts, practitioners, and clients approach parenting proceedings with the aim of simplifying the legislation, improving access, and reducing delays. …
When considering the rights of beneficiaries in a will, it is important to know the basics. A Will is a legal document outlining the distribution of a person’s estate upon their death. To be valid, it must be signed and witnessed by two people who are not beneficiaries. Beneficiaries are individuals or entities designated to …
Divorce and separation can bring significant uncertainty, especially regarding the division of assets. Protecting assets from your spouse in a divorce or separation is crucial to ensure your financial stability. Under the Family Law Act 1975 (Cth), the Federal Circuit and Family Court of Australia have extensive powers to make orders affecting the property of …