Prior to 12 May 2020, a Will and Power of Attorney would only be validly executed in Victoria if it was physically signed in the presence of two adult witnesses. The Electronic Transactions (Victoria) Act 2000 specifically excluded Wills from being able to be validly...
Before the merger of the Family Court and Federal Court this year, the Family Court was used to deal with complex matters. On the other hand, the Federal Court was used to take the load off the Family Court by dealing with less complex matters. They had less formal...
Purchasing or adopting a pet can be extremely exciting, as pets are often treated like another member of the family. In most cases, people purchase their pets from pet shops, professional breeders or private sellers; or they choose to adopt them from animal shelters...
When a person dies their Will comes into effect to deal with their estate, but what happens if both parties/ parents/ business partners die at the same time? Whose Will takes first effect? The Succession Act 2006 regulates how an estate is distributed upon the death...
Pets are often treated as another member of the family, so what happens if you separate from your partner? Who gets your beloved pet? It is a common misconception that when there is a relationship breakdown, pet disputes are treated as a custody battle. There is no...
We all love our pets but it is important when owning a pet that we are both responsible and aware of the repercussions if that pet injures someone in a public place. The Domestic Animals Act 1994 outlines the provisions surrounding a person being injured as a result...
Dying without a legal Will can lead to unwanted disputes between your family and loved ones. Losing a loved one is already emotionally taxing and stressful without the added pressure of trying to determine how a person would like their assets distributed. A Will is a...
Couples who have been married, can make an application for divorce in the Family Court or Federal Circuit Court to have financial and parental matters between them decided following the breakdown of their marriage. Generally speaking, the Family Court deals with more...
The most common form of dispute resolution process before resorting to Court proceedings is mediation. Mediation is also often required by the Courts after proceedings are initiated, to try to get the parties to resolve or narrow the issues in dispute before a hearing...
Are inheritances a marital asset required to be shared with your spouse post-separation? Many people are unsure how an inheritance will be treated if they separate from their marital partner. Recently a client asked me whether a potential future inheritance would have...
Most consumers will now do an internet search on a business prior to engaging with it, to see what other consumers say about it. Most professionals and business people are now aware that having good reviews posted online can be good for business and for boosting...
What is the difference between challenging a Will and contesting a Will? Challenging a Will is different to contesting a Will. Challenging a Will means bringing a case alleging that the Will is not valid, for example that it was executed improperly or under duress, or...