What happens when a contract is breached?
Contracts are a common tool used throughout our lives to create legal relationships between parties to define what actions people will take. If you have entered a contract with another party, you are obligated to abide by the terms and conditions of the contract. Any failure to perform an obligation required by the contract, including […]
Sexual Harassment – Obligations for Employers to Prevent Unlawful Conduct
Sexual harassment remains a pervasive issue in workplaces worldwide, affecting individuals and hindering professional development. The Australian Human Rights Commission (AHRC) revealed in the Respect@Work Report that as many as one in three Australian women have experienced sexual harassment in the workplace in the previous five years. In response to these disturbing statistics, recent legal […]
Buying Property with Someone Else – Considerations for Property Co-owners
Buying a property with someone else is a great way to share the fun, stress, and cost of the venture. Often people buy a house with their significant other, to make a home or invest together. Others buy property with friends, relatives or business partners. Joining forces with someone else can increase your borrowing power, […]
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 […]