Blog

E&A services during COVID-19: It's business as usual (almost) with all our legal services being delivered under coronavirus guidelines. Read more here

Are there time limits for property settlement?

Are there time limits for property settlement after separation or divorce?

One of the first questions a family law lawyer may ask you is 'when did you separate?'. There is a good reason for this question. Time limits apply to family law proceedings for property settlement.
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When should I update my Will?

When should I review or update my Will?

Your Will and estate plan ages over time but unlike a fine wine, it will rarely improve with time. There will be times during your life when you should review and/or update your Will, particularly when your personal circumstances change.
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How do I get a divorce in Australia?

Getting a divorce in Australia

In 1975 the Family Law Act established the principle of no-fault divorce in Australia. This means that there is no longer any requirement for one of the parties to be considered 'at fault' for the relationship breakdown. The court only requires that there is an irretrievable breakdown of the marriage, in order to grant a divorce.
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Can I get a divorce if we’ve been married for under 2 years?

Can I get a divorce if I have been married less than 2 years?

If you and your husband/wife have been married for less than 2 years, then you must attend counselling before filing an Application for Divorce. The two years is calculated from the date of the marriage to the date of applying for the Application for Divorce.
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How do I serve my divorce papers on my ex?

How do I serve divorce papers in Australia?

When you divorce in Australia and you lodge your Application for Divorce, you are required to notify the other party (your husband or wife) that you have done this; unless you make a joint application. This notification is referred to as ‘service’.
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How do I recover money I loaned to my child who is divorcing?

What happens to a loan from parents if the children divorce?

We have seen an increase in family law matters where one set of parents have provided money to their child and that child has subsequently separated from their partner. Whether the money provided by parents is a gift or a loan, can affect each party's entitlements when they divorce.
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NSW commercial lease regulations during COVID-19

NSW regulations for commercial leases during COVID-19. Landlord and tenant obligations and rights.

We previously wrote about commercial leases and the Federal Government Code of Conduct, back in April 2020. Since that time, the NSW State Government has passed its legislation which supports the code for NSW lease transactions.
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Is stamp duty getting abolished in NSW?

Is land tax to replace stamp duty in NSW?

It is very interesting to hear that the New South Wales State government is considering the abolition of stamp duty. What might this look like and will it actually happen?
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What’s the difference between a gift and a loan?

The difference between a loan and a gift to family members

We have seen an increasing interest of late in parents considering providing money to their kids.  One of the most common reasons is to help with the purchase of their first home. But is that money a gift? Or is that money a loan that needs to be repaid?
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Electronic funds transfers and fraud

Electronic Funds Transfer warning - everything is not always as it seems

A recent (2020) New South Wales Supreme Court decision in Deligiannidou v Sundarjee [2020] NSWSC 437 is a cautionary tale for anyone sending money electronically, particularly large sums of money in property transactions.
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How has the practice of law changed over the decades?

What has changed in my 40 years in the law?

After 40 years in the practice of law, our Director Martin Alfonso celebrates his career to date. And an obvious thing is to reflect on that time and think about what has changed, what hasn't and where to next.
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How does marriage affect my Will?

Effect of marriage on your Will and other estate planning documents

Getting married (or divorced for that matter) can have significant impacts upon any Will, Power of Attorney or Appointment of Guardian you already have in place.  Likewise, if you didn’t have any of these documents before marriage, now’s the time (before marriage or divorce), to get them done.
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