Legal Insights
Articles & Guides
Plain-language guides from our lawyers on property, wills and estates, family law and business law in Victoria.
How Mediation Can Help Resolve Your Family Law Matter
Mediation is a valuable and widely utilised method for resolving legal matters. This alternative form of dispute resolution is particularly valuable when it is desirable to maintain a relationship with the other party…
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Why it’s a bad idea to write your own Will
It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and…
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Do I need a Conveyancer or Lawyer to buy a House?
A conveyancing transaction involves transferring the legal title (ownership) of real estate from one party to another. For most people, buying or selling property is one of the highest-valued transactions they will ever…
Read moreWills and what you can do if you need to contest
A Will documents your personal wishes and provides clear instructions to your executor about how to distribute your personal assets of your estate to your beneficiaries when you pass away.
Read moreTestamentary Trusts
Testamentary trusts can be very effective estate planning tools to assist in providing for spouses, children and grandchildren, and are becoming increasingly popular as more people become aware of their advantages.
Read moreChildren’s care arrangements following separation
Following a separation parents do not have to go to court about the care arrangements for their children. As a matter of principle we encourage our clients to reach an agreement if possible without the need to resort to…
Read moreBuying a property at auction: Things you need to know BEFORE the auction day
Buying a property can often be an intimidating process, especially at auction where you are competing with other buyers and there is no cooling off period.
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Options to renew in commercial leases – don’t get caught out!
An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions.
Read moreCan you be separated and live under the same roof?
Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the…
Read moreDying intestate – the perils of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children…
Read moreManaging commercial disputes – key steps and processes
A commercial dispute occurs when two or more parties have a disagreement in relation to a business matter.
Read moreThe perils of representing yourself in the Family Court
The Family Court of Australia was one of the first courts to recognise self-represented litigants as a permanent and significant client group.
Read moreChallenging a deceased estate – have you missed out?
The Administration and Probate Act 1958 (Vic) (the ‘Act’) allows the Court to make orders to provide for a claimant from the estate of a deceased person. This means that the Court may change a deceased person’s Will or…
Read moreWhy your company needs a Shareholder Agreement
Starting a business requires careful planning and consideration. A failure to allow for unforeseen events or for ways to resolve future disagreements could put your new venture at considerable risk.
Read moreSelf Managed Super Funds – Buying Property
Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property.
Read moreSaving your rights to see your grandchildren
If you are a grandparent and face the sad circumstance of a break up in your family group, through separation or unforeseen events, you may be worried about your right to continue seeing much-loved grandchildren.…
Read moreFrequently Asked Questions on Estate Planning
While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list in reality, this is something that should be on…
Read moreFamily Law Financial Agreements
There are many names for Binding Financial Agreements or BFA’s, including;
Read moreCommercial leases – things you should know
When renting business related property, it is important for both Landlords and Tenants to understand the relationship they are entering into and the rights and obligations that they each have. The document that governs…
Read more‘Click here’ – electronic execution of documents is here to stay
The COVID-19 pandemic not only brought with it changes to how we live our lives, but also clarified the validity of some increasingly common business processes. One of those innovations relates to the way in which…
Read moreFamily Law Property Settlements – Is a 50/50 split the starting point?
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to…
Read moreMaking a Will if capacity is in question
It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die.
Read moreMaking your Will count – healthy Will checklist
It is important for everyone over 18 to have a Will to make sure their wishes are followed, and their assets are distributed as they would want after they die.
Read moreDirector Identification Numbers – deadlines approaching
From 1 November 2021, the Corporations Act 2001 requires all company directors to verify their identity, apply for, and obtain a Director Identity (director ID) through the Australian Business Registry Services (ABRS).
Read moreWhat a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of…
Read moreFact or fiction – top 5 myths about family law property settlements
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and…
Read moreDo you have a business partner? Then you need a Partnership Agreement!
A Partnership Agreement is a contract between all the partners in a business and outlines each partner’s duties and responsibilities, governs important matters that arise from the business, procedures for making…
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