Penalty Clauses in Contracts – Are They Enforceable?
A penalty clause is a term in a contract that imposes a penalty on a party that breaches a contractual obligation. It is important to know that penalty clauses are generally unenforceable under Australian law. However, it can sometimes be difficult to distinguish penalty clauses from other similar clauses that are enforceable. What is a […]
Moving or Travelling with Children After Separation
Navigating the complexities of parenting arrangements after separation or divorce can be challenging, especially when it involves moving house or travelling with children. The Family Law Act 1975 (Cth) serves as the foundation for addressing issues related to the care of children after separation in Australia and the family law system aims to ensure that […]
Deceased Estates – What Happens When Executors Don’t Agree
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and these individuals normally need to work cooperatively to execute the duties of […]
Including Cryptocurrency in Your Will or Estate Plan
Cryptocurrency has emerged as a disruptive force in the financial world, offering a new frontier for investment and wealth accumulation. As both businesses and private interests increasingly diversify their portfolios with digital assets, it becomes crucial to consider the incorporation of cryptocurrency into estate planning. This article explores the complexities and considerations surrounding this innovative […]
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. Landlords are not obliged to offer a renewal option. However, it is often in the interests of both parties if they are interested in […]
Succession Planning for Business Owners
As a business owner, you deal with many responsibilities, including having to decide what to do with your business when you move on. Sometimes the logical endgame for a business is to be wound up, but in most cases, the aim is a smooth transition to new ownership. This is particularly important if you plan […]
The Benefits of a Non-Disclosure Agreement
An enterprise’s confidential information such as trade secrets, processes and key contacts are all valuable assets that should be protected during the course of a business’s commercial operations, negotiations and transactions. One effective tool for safeguarding confidential information is a Non-Disclosure Agreement (NDA). An NDA establishes a legal framework for maintaining confidentiality, instils trust in […]
Company Directors and Conflicts of Interest
Company directors have a legal obligation to avoid conflicts of interest. Identifying and managing potential conflicts are essential steps for all company directors. When a conflict exists, a company director should seek professional advice from an experienced legal advisor to effectively navigate the situation. By doing so, directors can ensure they act in the best […]
Can I Change the Locks After We Separate?
Separation is often a challenging and emotionally charged time in a person’s life, usually accompanied by significant decisions regarding living arrangements. One common question that arises during this period is whether it is legally permissible to change the locks on a property after separation. Unfortunately, it is difficult to give a simple answer to this […]
Family Law Reform – What You Need to Know
The Australian Parliament has recently passed significant changes to the Australian family law system aimed at ensuring that the best interests of children are at the centre of all parenting decisions. These amendments aim to foster a more efficient, equitable, and responsive family law system by refining the legal framework surrounding parenting matters and facilitating […]