Latest News and Articles
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Mythbusters: leaving a gift to someone in your Will means they won’t make a claim on your estate
If you leave a small gift for someone in your Will, does that mean they can’t make any further claims? In short, no it does not. Of course, you’re free to leave your property and assets to whomever you choose, but there are risks involved in excluding a person from...
Risk of ‘emotional harm’ to children
When deciding parenting orders, the court’s first and most important consideration is what is going to be best for the children. If a judge feels a child might be in danger as a result of spending time with one parent, orders could be made that will prevent that...
Securely storing your Will
Leaving behind a last Will and Testament expressing your wishes is vitally important. A current Will provides you and your family with peace of mind. But where are you meant to keep your Will? If you leave it where your executor can’t find it, you may as well not have...
Who pays the mortgage after separation?
Sorting out financial obligations in the wake of separation and divorce can be complicated, and as interest rates continue to rise, repayments on a home you’re no longer living in can be stressful. Essentially, if you and your ex are the registered owners of a...
Trademark infringement or passing off – what’s the difference?
A trademark is an excellent way to protect your business’s intellectual property. Trademarks set your product or service apart from others and can take several forms, including words, phrases, letters, numbers, logos, pictures, distinctive packaging, or signage,...
Mortgage release – What is it and do I need one?
In this busy property market, it’s important to keep track of all the forms and paperwork necessary to buy and sell. One of the most important documents, is called the release of a mortgage. If you are selling your home, the bank which originally lent you the money...
Pet Custody
We all love our pets and consider them as part of the family. However, when it comes to separation and divorce, those delightful “fur babies” are in fact property, not people. In a recent case, the court said “parenting proceedings” would not be conducted in relation to family pets.
Who may bring an application for a Parenting order?
Can someone who is not a parent apply for a parenting order? Yes, they can. According to the Family Law Act, “any other person concerned with the care, welfare, or development of the child” can apply for a parenting order. But what does that mean exactly? Courts are...
Changes to off the plan contracts
The Queensland Government is working to make amendments to land sales legislation, which will affect sunset clauses in off the plan sales contracts. A sunset clause in an off the plan sales contract provides a party with the right to terminate if the contract is not...
Where a child together does NOT mean a de facto relationship
There are various factors that the Court considers when deciding if parties were in a "de facto" relationship. One of those factors is whether there are any children of the relationship or if the parties support and care for children. This factor, however, does not...
What to understand and expect during a Will dispute
The passing of a friend or relative is always a difficult time. With a Will dispute, the ensuing conflict can make the grieving process even worse. More often than not, it can result in bitter divides between relatives and friends. In the best-case scenario, these...
Everything you need to know about Non-Disclosure Agreements
A non-disclosure agreement (NDA) is a legally binding contract that establishes a confidential relationship between two parties. Both parties agree that sensitive information will not be shared with anyone else. There are several types of NDA’s. Firstly, a Universal...