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...
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...
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...
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...
Family Law Property Settlements – Is a 50/50 split the starting point?
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements as to a property settlement and the assets they are likely to retain. This is only natural given that Family...
Why you should have a corporate trustee for your Self-Managed Superannuation Fund
A Self-Managed Superannuation Fund (SMSF) is a type of superannuation structure that allows members to control and manage their own funds. Unlike other superannuation funds, members have a degree of autonomy over the choice of investments they can make subject to the...
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...
Does your business have a Will?
Most people recognise the importance of having a Will to determine how their estate is distributed when they die. If you are self-employed, a partner in a business or co-director of a company, having a ‘Will’ or succession plan for your business is equally important....
Enduring Powers of Attorney explained
A lot of people have heard of a Power of Attorney however most do not fully appreciate the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document used to allow someone to handle your...
What a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not...