When a person creates a Will they appoint an Executor; the person in charge of administering the Will Maker’s estate when they die. However, sometimes circumstances change from when the person creates the Will, and the nominated Executor is no longer capable to act in...
What to do if your business is facing insolvency
The Coronavirus pandemic has led to the failure of many small businesses. Therefore, what should you do if your business is facing insolvency? What is insolvency? An insolvent company is unable to pay its debts as they fall due. Signs of insolvency...
How to Prepare for your First Family Law Appointment
If you have decided to see a family lawyer regarding a family law issue, it is helpful to prepare and gather the necessary information and documentation to bring along to your first family law appointment. At Matthies Lawyers, we advise the use of the program Settify...
How are assets divided in a divorce?
When contemplating a divorce or separation, most people assume that their assets will be divided equally. However, at law, there is no 50-50 split rule, and the Court will look at many factors in determining how the marital assets of a couple will be divided. The way...
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...
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...
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...
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,...
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...
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...
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...
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...