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...
When couples separate, the first step is to identify and value the assets of the relationship. Depending on the type of asset, some will be easier than others to value. Assets that have a current value such as money in a bank account or shares in companies are easy to...
There are many costs that should be considered when planning for a Divorce. The main costs involved in a divorce involve court fees, lawyer fees (including solicitors and barristers), application fees and the costs associated with living independently. Who pays...
When a marriage breaks down, parties to the marriage may want to apply for divorce straight away. However, many people are unaware that in order to get divorced, you must meet certain requirements. 12 months separation Section 48 of the Family Law Act...
There has been an increase in family law disputes as the number of blended families and divorce requests rise. Currently, there is no legal requirement to include your step-children in your Will and therefore if you want to ensure they receive some of your inheritance...