Probate refers to process by which an Executor named in a Will is given the legal right to deal with the assets and liabilities in the estate of a deceased person. A grant of Representation is the umbrella term referring to either Probate or letters of administration....
The Truth about DIY Wills in Australia: Risks and Considerations
A do-it-yourself or “DIY” Will kit might seem like a cost-effective way to ensure your assets will be divided and distributed according to your wishes when you pass away. Unfortunately, the DIY Will can have disastrous consequences and can cost more in the long run,...
The Concept of Mutual Wills for Couples and the case of Re Miglic [2024] VSC 20
What are Mutual Wills? Mutual Wills are Wills made by spouses together with an agreement that neither party can revoke or amend their Will after the other party’s death. Mutual Wills are legally binding and if one spouse changes their Will after the other spouse dies,...
Understanding Surrogacy Laws in Australia: A Guide for Intended Parents
Surrogacy refers to the arrangement in which a surrogate agrees to carry and give birth to a child for another person or couple. Surrogacy is commonly sought by couples that cannot carry their own child. Yearly, there are approximately 100 surrogacy births occurring...
Navigating the Adoption Process in Australia: Legal Requirements and Steps
Adoption is the process by which the parental responsibility for a child is legally transferred to someone who is not the biological parent of that child. In Australia, there only a small number of children each year who need a family, outnumbering the quantity of...
Challenging Court Decisions: A Guide to Family Law Appeals in Australia
Family Law Appeals in Australia are an essential process for those seeking to challenge a court decision in family law cases. Essentially, an appeal is your opportunity to ask a higher court to review and change a decision made by a judge. But, it's important to...
The Impact of Infidelity on Divorce Proceedings in Australia
Although difficult to quantify, studies have predicted around 20% of couples are affected by sexual infidelity. Individuals burned by their spouse’s infidelity often seek retribution during divorce and property settlement proceedings. It is important to note that a...
Mental Health Considerations in making parenting orders: What Australian Families Need to Know
How Parenting Orders Imposed by the Court may Affect Mental Health According to the Australian Bureau of Statistics, around 43% of Australians aged 16-85 years old have experienced a mental disorder at some point in their lives. Legal disputes generally can be...
Understanding Emancipation Laws in Australia: What Every Parent Should Know About Child Emancipation
Defining Legal Independence for Minors Emancipation is the process by which a person under 18 years of age can seek independence from their parents. It is important to note that the legal concept of emancipation is more commonly used in the American legal system...
Elder Law and Guardianship in Australia: Understanding the Role of Family Law in Elder Care
It is no secret that Australia currently has an aging population with the median age of the population currently sitting at 38 years of age, 3 years older than the previous median recorded in 2000. Elder law is the area of the law relating to all aspects of aging and...
The Council’s Authority to Seize a Dog after an Incident: The Domestic Animals Act 1994 Explained
Most people are aware that the Council have powers to seize a pet dog after certain incidents have occurred, but how far do these powers extend? When can a Council officer seize your dog, and when and how can you get them back? For most dog owners, the thought of...
International Family Law: Navigating Cross-Border Divorce and Custody
Families dealing with separation, divorce, parenting and property settlements across international borders are faced with exceptional challenges. Dealing with family law matters within Australia can be challenging enough, but with the added complexity of international...