Due Diligence when Buying an Existing Business
If you are thinking about a new venture, expanding an existing business or entering a new market, one option you might consider is to buy an established business. There are advantages and disadvantages when buying an existing business compared with starting your own. Considering the pros and cons of each, and carrying out any due […]
Will Contests and Estate Disputes – an Overview
In Australia, there are legal avenues available to individuals who wish to contest a will or challenge the distribution of an estate. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal processes and the reasons estate disputes arise can help individuals navigate these challenging situations. Validity Challenges […]
How binding is a Binding Financial Agreement?
A financial agreement is a contract that deals with the division of a couple’s assets after they separate, or in the event that they separate. They may be made before or during a marriage or de-facto relationship, or after it breaks down. Financial agreements are also referred to as binding financial agreements, pre-nuptial or post-nuptial […]
What happens when ASIC deregisters a company?
A company may be deregistered either voluntarily, liquidated or struck off the register of companies by the Australian Securities Investments Commission (ASIC). ASIC may deregister a company if the company has ceased trading or has overdue fees and penalties. If your company has been deregistered, you need to know why it was deregistered and the […]
De facto relationships and Will contests
All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will if they can show that they have been left without adequate provision by the testator. In Queensland, an eligible person includes: If a family provision claim is successful, the Court can order an adjustment to the terms of the Will to […]
Why you should have a corporate trustee for your – Self-Managed Superannuation Fund
A Self-Managed Superannuation Fund (SMSF) is a type of superannuation structure that allows members to control and manage their own funds. Unlike other superannuation funds, members have autonomy over the choice of investments they can make, subject to the relevant superannuation laws. A SMSF must comply with the requirements of the Superannuation Industry (Supervision) Act 1993 (Cth) […]
What is an encroachment?
An encroachment occurs when part of a building or fixture from one property intrudes onto adjoining land. The encroachment may simply overhang or be physically attached to the adjoining property. Examples include overhanging tree branches or awnings from a neighbour’s house or a part of a building (such as a garage) that has been erected […]
Understanding easements in your property contract
Identifying and understanding easements in a property transaction is an important part of the conveyancing process. Vendors are required to disclose all easements affecting the land they propose to sell in a property contract, and buyers should ensure they are aware of the impact an easement will have on the land they are about the […]
What happens when parenting orders are ignored?
Separating parents must arrange for the future care, welfare and development of their children. These arrangements may be formalised in parenting orders which are endorsed by the Court. Where the parties are unable to agree, the Court will impose orders. In all cases, the arrangements must be in the best interests of the children. Parenting […]
Income protection and TPD disputes – how the AFCA and your lawyer can help
If you are dealing with a major illness or injury and have had to stop working on a temporary or permanent basis, you may need to claim on your income protection or total and permanent disability (TPD) insurance. If dealing with your insurer is creating additional stress for you and your family, or you have […]