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...
Break Ups and Divorce – Who Gets to Keep the Engagement Ring?
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...
Consequences of Lodging a Caveat Improperly
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...
No Will? Who is Entitled to Claim your Estate?
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”....
Grounds for Lodging a Caveat in a Family Law Matter
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....
Purchaser’s and Vendor’s Rights in Contracts for Sale of Real Estate
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...