‘Click here’ – electronic execution of documents is here to stay
The COVID-19 pandemic not only brought with it changes to how we live our lives, but it also pushed and ultimately fast tracked the validity of some increasingly common business processes. One of those innovations related to the way in which documents may be executed...
When is a guarantee unenforceable?
A guarantee is a binding promise from one person (the guarantor), to be answerable for the debt or obligations of another (the debtor or borrower), if that other person defaults. Guarantees become enforceable against the guarantor by the person to whom the guarantee...
The duty of disclosure and family law property proceedings
The division of assets after a couple has separated can be finalised by way of financial agreement, consent orders or proceedings in the Federal Circuit and Family Court of Australia. The Family Law Act 1975 (Cth) requires parties to make genuine efforts to resolve...
FAQ on Estate Planning
While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list, in reality, this is something that should be on all of our “must do” lists. Proactively planning...
De facto relationships and Will contests
All jurisdictions in Australia provide statutory rights for certain eligible persons to contest the terms of a Will if they can show that they have been left without “adequate provision” by the willmaker. These claims are commonly referred to as family provision...
Avoid nasty taxation surprises in family law settlements
There can be significant differences in the taxation consequences of certain family law related orders or settlements and deciding who keeps what. Unique opportunities in the family law environment can enable a couple to lawfully restructure their business and...
A guide to Shareholder Agreements
A company constitution is usually drafted in a standard format and may not provide adequate protection for shareholders in the event of a dispute between them or where issues arise not sufficiently covered in the constitution. A shareholder agreement, properly...
The family business and property settlements – the importance of valuations
Separating couples involved in a family law property settlement are often under emotional and financial pressure. When one or both parties are involved in a business, this can add additional stress and complexity to the division of property. A business interest,...
Dying intestate – the perils of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend or a professional person or trustee company to administer your estate (your executor), nominate guardians for young children,...
Divorce, de factos and superannuation splitting
Once a married or deface couple separates, their superannuation (Super) is treated as property of the marriage or relationship under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ Super benefits will be taken into account when determining a property...