News

Replacing Appointors and Guardians of Discretionary Trusts

An increasing number of individuals, especially those with complex professional and personal affairs, are using discretionary trusts as part of both their day to day wealth management strategies and also as part of their approach to long term planning. Discretionary...
23 February, 2021

Power of Attorney Abuse

A Power of Attorney is a legal document authorising a person to act for you and make binding decisions on your behalf during your lifetime.  A Power of Attorney is usually prepared: to facilitate and complete transactions when you are unavailable to do so, for example...
23 February, 2021

How binding is a Binding Financial Agreement?

A financial agreement is a contract that deals with the division of a couple’s assets after they separate, or in the event that they separate in the future. They may be made before or during a marriage or de-facto relationship, or after it breaks down. Financial...
23 February, 2021

What happens when parenting orders are ignored?

Separating parents should arrange for the future care, welfare and development of their children. These arrangements may be formalised in parenting orders which are endorsed by the Court. Where the parties are unable to agree, the Court can impose orders. In all...
18 January, 2021

Farm succession planning – striking a balance

The diversity of a family farming enterprise combined with the dynamics of the family unit can raise challenging and complex issues. The topic of succession planning is often a highly emotional one. The respective contributions from individuals to the farming...
18 January, 2021

A widow contesting a Will

All Australian jurisdictions provide statutory rights for eligible persons to contest a Will on the basis that they have not been left what is considered adequate provision by the testator for their proper maintenance, education, and advancement in life. In South...
18 January, 2021

What to do if you can’t find your trust deed

Losing a trust deed is not something anyone plans to do. Not only is a lost trust deed inconvenient it can also have serious consequences. Even if the trust is able to continue operating, without having the trust deed to reference it may be very difficult, if not...
16 November, 2020

Children’s care arrangements following separation

Following a separation parents do not have to go to court about the care arrangements for their children. As a matter of principle, we encourage our clients to reach an agreement if possible, without the need to resort to the Family Law courts. One advantage in...
9 October, 2020