Blog

Property settlements applications out of time

Property settlement out of time granted after 10 years of separation

The recent case of Vince (No 2) [2021] in February 2021 highlights the requirement for parties to financially sever their relationship within the required timeframes and deal with their property settlement.
Read more
What is a ‘no contest’ clause in a Will and are they valid?

What is a 'no contest' clause in a Will and is there a better option?

We are frequently asked to include a 'no contest' clause in Wills. The client’s aim is to avoid a challenge being made against the Will or their estate after their passing. However, a 'no contest' clause is unlikely to be the best protection against someone contesting a Will in NSW.
Read more
Signing an unconditional contract for the purchase of property comes with risks

The risks of rushing to unconditional exchange of contracts

When purchasing a property by negotiation there can often be an urgency to exchange contracts quickly in order to secure the property at the price agreed and to lock out any other potential purchasers. This can be fraught with risks for the purchaser.
Read more
How do I appoint an Enduring Guardian?

Appointment of an Enduring Guardian

An Enduring Guardian is someone of your choice whom you appoint to make decisions on your behalf concerning your health and wellbeing when you become incapable of, or not in a position to do so yourself.
Read more
How do I make a Power of Attorney?

Power of Attorney NSW – your complete guide

A Power of Attorney is a document which enables you to appoint someone to manage your financial and legal affairs when you are unable to do so. This blog is aimed to provide you with a comprehensive guide about General and Enuring Powers of Attorney.
Read more
At what point should I engage a lawyer when buying or selling property?

Buying or selling property in NSW – when to involve your lawyer

The number of things you need to consider when buying or selling residential property can be intimidating, particularly when it is your first time buying or selling, or if it has been a long time since you last went through it.
Read more
Recognising and acting on elder abuse

Elder abuse – protection and prevention

Elder abuse can take many forms including physical abuse, sexual abuse, emotional or psychological abuse, neglect, abandonment, financial abuse and self-neglect. In this article, we look at how to recognise elder abuse and how lawyers deal with it.
Read more
How does separation or divorce effect my Will or Power of Attorney?

Effect of separation and divorce on your Will and other estate planning documents

Divorce has an effect on your Will, but this only occurs once the divorce is finalised which can be much later than the original separation. Both separation and divorce may also lead to circumstances that you did not intend. Learn here how to protect your interests.
Read more
Parenting orders and working through spending time with children

Parenting arrangements for spending time with children

Prior to the amendments to the Family Law Act (May 2024), the Court was obliged to consider making an order that a child spend equal time, or substantial and significant time with each parent if an order for equal shared parental responsibility was made. Since May 2024, the Court is now simply required to consider the best interests of the child when determining time spent with each parent.
Read more
What is parental responsibility in relation to family law?

What is parental responsibility in family law matters

When discussing parenting arrangements for your child after separation, you may hear the term 'parental responsibility' being used. What does it mean? Why is it important? Does it govern the amount of time each parent spends with the child/children?
Read more
Managing a self-managed super fund if a trustee or director loses capacity

What if I lose capacity while Trustee of my Self-Managed Superannuation Fund (SMSF)?

If a Trustee or Director of a corporate Trustee of a Self-Managed Superannuation Fund loses legal capacity to make decisions for themselves, then they will no longer be able to perform their duties as a Trustee or as a Trustee Director.
Read more
Are handwritten changes to a Will valid?

Handwritten and other informal changes to a Will

It can be tempting to handwrite the changes a copy of the Will or even on the original, rather than going to the cost of writing a new Will. The issue is whether handwritten amendments to your Will are valid.
Read more