Co-Parenting After Divorce: Tips for Success A divorce is often a stressful and challenging experience for each person involved. There will usually be many matters requiring careful consideration, however when children are involved, the complexity and emotional strain...
What is a Testamentary Trust? A testamentary trust is incorporated in a Will and does not come into effect until after the death of the will maker, also known as the Testator. Testamentary trusts can operate for a period of up to 80 years from the date of death of the...
When a person decides to create a Will (a Testator) they are free to leave their property to whomever they choose. The Testator can also exclude specific people from being a beneficiary of their estate however, there are risks in excluding someone, especially if that...
Survivors of family violence have reported that the most difficult thing about domestic abuse is not necessarily the physical violence but rather the psychological abuse — the manipulation and surveillance, the gradual isolation from friends and family, the rigid...
Deciding who is entitled to keep the engagement ring is not a discussion couples would ever anticipate having when they’re embarking on the next chapter together. However, when a relationship breaks down unexpectedly this can be quite a contentious topic particularly...
A recent VCAT decision of Victorian Legal Services Commissioner v Fatoum Souki a solicitor, handed down on 17 June 2022 highlights some of the pitfalls for lawyers who involve themselves in improperly lodging a caveat. In this case, the solicitor Ms Souki was acting...
What Happens If Someone Dies Without a Will? When a person dies in Victoria without leaving a valid Will, the estate of the deceased person is distributed according to the provisions of Part IA – Intestacy of the Administration and Probate Act 1958 (Act) “The Act”....
What is a Caveat? A caveat is a document any person with a legal interest in a property can lodge with Land Use Victoria. After registration, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property....
What is a Contract of Sale? A contract of sale, often referred to as “the contract”, lists all the relevant information pertaining to the sale of a property, including details of the title particulars, the conditions of the sale, and any inclusions or exclusions in...
The defamation trial of divorced actors Johnny Depp and Amber Heard caught the attention of thousands of men and women around the world. The trial concluded on Wednesday 1st June 2022 after six weeks of speculation, sensationalism, and outrageous headlines. Both...
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty between 101 countries that acknowledges the harm caused by International Parental Child Abduction (IPCA) and aims to provide a legal avenue for the speedy return of...
When a couple separates and there are children involved, it is important to note that there is no rule that gives parents equal shared custody of the child. Under section 63B of the Family Law Act, parents are encouraged to come to a mutual informal agreement by way...