Obtaining probate for a non-existent or informal Will

An informal Will does not satisfy all the requirements under the Wills Act 1997. If a Will has not been properly executed, problems may arise at the time probate is applied for. However, there are circumstances where an informal Will may be admitted to probate even if...

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Providing for your Pet in your Will

Approximately 61% of Australian households have a pet and many of us consider them as members of the family. When creating your Will, it is essential to consider their future should you die before they do. Animals who are not provided for in their owner’s Will may...

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Recognising Social Abuse

Recent surveys conducted in 2020 revealed that the COVID-19 pandemic increased the frequency and severity of violence reported against women and of first-time family violence reporting. With these alarming statistics, the public seems to focus on physical abuse rather...

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What is Family Dispute Resolution (FDR)?

Family Dispute Resolution (FDR) is defined in section 10F of the Family Law Act 1975 (Cth) as a process in which an independent family dispute resolution practitioner helps people affected by separation or divorce to resolve some or all of their issues. Simply put,...

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How does marriage or divorce affect my Will?

Marriage, separation, and divorce all have different effects on your Will. New studies show that many Australians are unaware that their Will becomes invalid upon marriage. This may not cause many problems for a first-time marriage, however, if there are other people...

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Family Law in Children’s Vaccinations

The Coronavirus pandemic has caused a widening range of family law disputes, with parents being unable to agree if their child should receive the COVID-19 vaccinations. Unless a court order has been made stating otherwise, both parents of a child are presumed to have...

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The treatment of financial assistance in a divorce

It is common for children to receive financial assistance from their parents to buy into the property market, reduce their debt, or afford their children’s school fees. How this financial assistance will be treated is an important consideration in family law matters...

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Company Directors to require Director ID

As a result of the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, all Australian company directors are required to have a unique Director ID Number (DIN/ID). Existing Australian company directors registered under the Corporations Act...

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Where can my valid Will be found after I die?

A Will is not always easily found, making it more difficult and stressful for family members after the death of a loved one. A valid Will usually appoints an executor which gives them the immediate rights to the administration of the deceased’s estate and the assets...

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Rental relief measures for commercial tenants

COVID-19 lockdowns have had significant impacts on businesses across Victoria. The Commercial Tenancy Relief Scheme Regulations 2021 was brought into effect on 24 August 2021 to provide rental relief to commercial tenants from 28 July 2021 to 15 January 2022 and can...

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Reforms needed to prevent family violence

Family violence is preventable, but in current circumstances, reported incidents continue to increase. Family violence risk increases when disasters, such as a pandemic arise. Monash University recently surveyed 166 family violence victim support practitioners across...

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New law to improve superannuation visibility in a divorce

Superannuation is often the most significant asset in the property pool of separated couples. Research shows that approximately 42% of women nearing retirement have lower superannuation balances than men. Furthermore, approximately 60% of women suffer some form of...

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