Testamentary Trust Wills Testamentary Trust Wills are an uncommonly known instrument that are available to anyone who is minded to bolster the likelihood of their final wishes being carried out. A Testamentary Trust Will operates in conjunction with your Will in providing your executor(s) with added safeguards and flexibility to carry out your final wishes …
In considering whether to contest a Will, you need to obtain sound advice on the types of claims available to you in Victoria. They can include undue indue influence, lack of capacity, lack of provision or breach of trust. There are generally two grounds to contesting Wills and Estates: The Will does not properly reflect …
When a marriage or a de facto relationship breaks down, the Family Court of Australia and Federal Circuit Court of Australia adopt the following steps to determine an appropriate property settlement: Step 1: The first step is to determine the asset pool available for distribution between the parties. This step involves identifying and valuing the …
The relevant legislation governing Owners Corporations is the Owners Corporation Act 2006. As a general rule, an Owners Corporations’ role is to manage the common property accessible by lot owners. However, this power does not extend to infringe on a lot owner’s right to deal with their own property, including the right to rent it …
Why is a letter of demand important? A letter of demand is a formal demand made of a party to do something or not do something. It is generally sent as a final notice prior to a party issues legal proceeding. The most common topic of a letter of demand regards the payment of debt. …
Many financially sound businesses cease to exist or fail to reach their full potential solely due the lack of good corporate governance. This is mismanagement to the extreme that is not recognised by the business owners. Often it is caused by lack of knowledge but generally it is caused by a lack of concern on …
Are you a landlord, tenant or lot owner subject to an Owners Corporation (formerly known as a ‘Body Corporate’)? If so, it is important that you know your rights and obligations regarding the short-term letting of tenants. In other words, how can Airbnb – and other similar services – impact you? The relevant legislation in …
It is important for an employer to know their rights when faced with an unfair dismissal claim. What is an unfair dismissal claim? Unfair dismissal if defined as the dismissal of an employee from their job in a harsh, unjust or unreasonable manner. If an employee makes an application to the Fair Work Commission, the …
MISUSE OF MINISTER’S POWER TO BAN EXPORTS The Department of Agriculture, Water and Environment controls the export of prescribed goods such as dairy products, eggs, fish, live animals, meat and poultry. The minister responsible for the export of such products is the Minister for Agriculture. Under the Export Control Act 1982 (Cth), the Minister for …
Purchasing real estate is usually one of the biggest financial transactions you undertake during your lifetime. Failing to ensure the transaction is structured correctly may result in significant consequences over the term of ownership. Such consequences may include, GST and Capital Gains Tax (GCT) implications, Land Tax liability, additional Stamp Duty being paid at the …
