Category: Blogs

  • Criminalising Revenge Porn in Domestic Violence and Family Law

    Thanks to modern technology, the ease with which a person may record and share intimate images at the click of a button is a growing concern. On 23rd May 2017, State Parliament introduced the Crimes Amendment (Intimate Images) Bill 2017, detailing offences for the non-consensual recording and distribution of intimate images. The Bill was passed…

  • CHILD SUPPORT – HOW DOES IT ALL WORK?

    Separation within the family unit requires consideration of complex emotional, legal and financial issues concerning both parenting and property. While facing the emotional challenges concerning a relationship breakdown, parents make decisions in relation to the care of the children involved. In doing so, the law requires these decisions ensure the best interests of the children…

  • LAND TAX CRACKDOWN – HOW THIS MAY AFFECT YOU

    Over the last couple of years, the Office of State Revenue (OSR) has implemented a state-wide review of land tax payable by individuals and organisations, seeking records held by the residential tenancies board, land titles office and state revenue office, as part of its data matching program. Information has also been requested from the land…

  • Bullies Beware – You can no longer hide behind social media

    Those using Facebook and Tinder, among many other social networking forums, are significantly exposed to the risk of mentally damaging harassment. In an age where privacy appears to be a forgotten concept, modern youth choose to share their day-to-day activities with an online audience. These posts are subject to the scrutiny of others, even if…

  • Borrowing by Self-Managed Superannuation Fund [SMSF]

    Under section 67 of the Superannuation Industry (Supervision) Act [SIS Act] there is a general prohibition on SMSF borrowing to fund its investments. However, there are exceptions under Section 67A and 67B of the SIS Act subject to the following conditions being meet; The setting up of a bare or custodian trust. The trustee of…

  • Kurnell Storms

    As we are all aware, at the end of 2015 our fellow local residents at Kurnell experienced what could only be described as a terrifying ordeal in which their lives were torn apart and from which they are still recovering. We offer our deepest sympathy to all the victims and their extended families affected by…

  • Wills for the Intellectually Disabled

    To make a valid will a person must have adequate mental capacity to carry out that act. We lawyers call it testamentary capacity. This requires a person to understand: what a will is and what it can do; what their assets are; who it is appropriate to consider as a beneficiary; and to properly consider…

  • Who is Handling the Estate?

    You have just heard that Joe has died.  Joe may be a long lost relative who may have left you a gift in his will.  Joe may owe you money for work you did for him.  So, how do I find out what is in his will?  Who should I talk to about the monies…

  • That Will is Not Right

    People make mistakes and sometimes that extends to mistakes being made in a will. Usually the mistake is only found after the will maker has died. If this happens – what can be done about it? Section 27 of the Succession Act, 2006 may hold the answer. It states:- 27 Court may rectify a will…

  • Superannuation Claims and Dispute

    After the family home, superannuation is often the greatest source of a person’s wealth. It surprises many that superannuation is not an asset that normally passes to family members under the terms of a will. Superannuation is dealt with under the terms of the Trust Deed (legal document) that sets up the superannuation fund and…