Who wouldn’t like to go to court every few months for two years until finally you have a date for the final hearing? The delays in the family law system can cost you financially and emotionally. But what’s the alternative? Maybe it’s Arbitration. Arbitration is a (relatively) cheap and quick alternative to court proceedings. It […]
The best reasons for having a parenting plan are actually set out in the legislation. Section 63B of the Family Law Act 1975 is headed ‘Parents are encouraged to reach agreement’ and provides as follows: The parents of a child are encouraged: (a) to agree about matters concerning the child; and (b) to take responsibility […]
From 1 July 2018 drivers who use their mobile phone whilst behind the wheel will face further risks following the commencement of the Road Transport Legislation Amendment (Road Safety) Act 2018 No 15. This amendment allows the NSW Police to utilise new camera technologies to detect drivers using a mobile phone and issue infringement notices […]
Estate planning is a strategy to ensure that your estate passes to your intended beneficiaries in the most tax efficient way and to minimise the potential risk of the will being challenged or a family provision claim being commenced. There are really two types of will. The first one is a very basic will which […]
Homeowners aged 65 years or more who sell their home, which is not subject to capital gains tax, provided they have lived in their home for 10 years or more will be able to make a non-concessional contribution of up to $300,000.00 into their superannuation from the proceeds of the sale of their home. Both […]
In NSW your licence may be suspended by either the Roads and Maritime Service (RMS) or the NSW Police. It is possible to appeal the suspension of your licence however, and the most common offences for which such appeals are made include: – The RMS suspending your licence for exceeding the speed limit by more […]
Following the result of the historic same-sex marriage postal survey in November 2017, the Parliament of Australia passed legislation amending the interpretation of ‘marriage’ under section 5 of the Marriage Act 1961 to mean “the union of two people to the exclusion of all others, voluntarily entered into for life”. Prior to this amendment, same-sex […]
“Control” clauses in leases are those clauses which provide that where the lessee is a corporate entity and the control of that corporate entity changes as a result of transfer or sale of shares in the corporate entity then such change is deemed to be an “assignment” of the lease and therefore the corporate entity […]
The terminology used in the legal industry regarding statements of evidence can be confusing. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. This article explores the difference between these documents and how they are used within the legal system: 1. Affidavit An affidavit […]
It has become fairly common these days for parents to assist their children to purchase a home. There are many aspects to be cautious about in this regard:- 1. Parents advancing money to their children should be specific whether the advance is a gift or a loan. A gift is made without expecting anything in […]
