Useful Articles2018-09-03T17:23:06+00:00

Useful Articles about the Law

Acting for Both Parties, Information Barriers & Proverbial Chinese Walls …

by Rochelle Manderson This is an interesting area of law, so a warning to all those avid readers who have been following my blogs over the past months, this one contains some relevant case law AND reference to Conduct Rules ... and Chinese walls. You have [...]

SMSF and Stamp Duty

by Elizabeth Romeril Purchasing property in the name of a self-managed superannuation fund (‘SMSF’) can be advantageous, depending on your financial circumstances. You should always get advice from a financial planner before commencing an SMSF and advice from your accountant before purchasing assets on behalf of [...]

NAB Professional Services Award Winner and National Runner-Up

NAB Professional Services Award Winner and National Runner-Up TBA Law has been named as the Winner in the Best Law Firm, Private Clients, VIC/TAS category for the Professional Services Awards 2017. TBA Law was also a National Runner-up in the Australia-wide Private Clients category for Law Firms .  It was a competitive field: there was [...]

Guaranteed?

Guaranteed? An Introduction to the Australian Consumer Law ... by Rochelle Manderson In January 2011, the Australian Consumer Law (or ACL) was born, and with it came nine standard consumer protections that are uniform across Australia. The following article is a brief introduction to the ACL, [...]

Aged Care Basics

Aged Care Basics by Jacqui Brauman Your ACAT Assessment (“Aged Care Assessment Team”) or ASAS Assessment (“Aged Care Assessment Service”) is your first step, and this should be done sooner rather than later. Generally it cannot be done in an emergency, and could take a couple [...]

Difference Between Property and Financial Resources

Difference Between Property and Financial Resources by Lajita The Family Law Act 1975 (the Act) sets out the general principles the court considers when deciding financial disputes after the breakdown of a marriage (see Sections 79(4) and 75(2)) or a de facto relationship (see Sections 90SM(4) and 90SF(3)). The general principles are the same, regardless [...]

The Correct Way to Transfer Control of Your Family Trust

The Correct Way to Transfer Control of Your Family Trust Many small businesses and farming businesses are run in a family trust structure, and many families use family trusts as an investment vehicle, and perhaps own their investment properties in a family trust. Family trusts can [...]

Notices To Renew

Notices To Renew Lease Series: Three of Four There is s hidden trap in the Retail Leases Act that landlords should be aware of: make sure you give your tenants notice in writing of the last date they can exercise their option to renew. Most landlords [...]

AirBnB

AirBnB Leases Series: Part One of Four You will have had to be living under a rock not to have heard of a few of the latest USA imports which are disrupting industries. Uber is disrupting the taxi and ride-share industry, and AirBnB is disrupting the [...]

How To Quickly and Easily Avoid Disputes with Your Business Partner

How to Quickly and Easily Avoid Disputes with Your Business Partner Not having a buy-sell agreement with your business partner is a critical mistake that so many business owners make. Whether you are partners, shareholders in a company, or unitholders in a unit trust, you should [...]

Protective Trust

Protective Trust In each family there is often a financially irresponsible child, but when it goes one step further and that child is a gambler, or has a drug or alcohol problem, you will probably want to make sure that your child does not squander your [...]

Death Taxes?

Death Taxes? We have been lucky in Australia that there has not been any probate duty for decades, and that inheritance from a deceased estate is not taxed as income. Luckier still, in Victoria, we have had one of the lowest costs on probate in Australia [...]

Enduring Guardian

Enduring Guardian Note: the law has changed since 1 September 2015 There are two certainties in life, death and taxes but unfortunately we do not have a crystal ball to predict whether we will suffer dementia eg Alzheimer’s, or simply lose the capacity to look after [...]

I received a lump sum – will I get it back after separation?

“Direct financial contributions” are essentially any lump sum of money received during the relationship, such as worker’s compensation, inheritance and lottery winnings. As a basic rule, if you received a lump sum of money during the relationship then this will be Lump sum after separationconsidered your ‘contribution’.

My ex won’t let me go overseas with our child; what do I do?

If you do not have it, then you will need to apply to the Court for an Order permitting you to take your child overseas. If you are in possession of the child's passport, unless the other parent makes an application to the Court to stop you from going overseas, then you technically have the option of simply going overseas without the consent of the other parent.

How does my inheritance affect my family law property settlement?

How does my inheritance affect my family law property settlement? by Matthew Elvin Inheritance does have an effect on the outcomes of Family Law property/financial cases. The timing of the inheritance is crucial. On the one end of the spectrum is inheritance received after separation, but [...]

Pleading not guilty to less serious criminal charge – the first court hearing

Pleading not guilty to less serious criminal charge - the first court hearing by Matthew Elvin If you are pleading not guilty to summary (less serious) criminal charges in the Magistrates’ Court of Victoria, don’t expect that you or any witnesses will be cross examined by [...]

What To Do If You Don’t Think Your Family Law Property Settlement Is Fair

What To Do If You Don't Think Your Family Law Property Settlement Is Fair by Matthew Elvin Have you ever separated from a partner, agreed to a family law property settlement with them, and then later decided that you shouldn’t have settled for so little? It [...]