by Sophie Newham | Feb 8, 2014 | Family
A recent article which appeared in the Sydney Morning Herald concerned a property case in the Family Court called Kane & Kane [2013] FamCAFC 205 . The judgment overturned an earlier finding in which a trial judge had assessed a husband’s financial contribution to a long marriage more favourably, due to the husband’s skill in “selecting and pursuing an investment”. The investment significantly increased the value of the couple’s family superannuation fund.
Kane & Kane concerned a 30 year marriage. The husband was aged 61 years and the wife 48 at the time of the trial. The parties were able to reach agreement in regard to dividing some of their joint matrimonial assets qually, but they could not agree on the division of their joint superannuation which totaled the sum of $3.4… Read More
by Lesley McDonnell | Feb 1, 2014 | Wills & Estates
Every day people are involved in accidents or become sick. Sometimes this can mean that you are unexpectedly not able to make decisions for yourself. There is a way to ensure that someone you trust can make decisions for you should this power be taken away from you.
Making a document called an Appointment of Enduring Guardian is a powerful and proactive step that you can take today whereby you can appoint a trusted friend or family member (or more than one) to make health and lifestyle decisions for you in the event that you are unable to make decisions for yourself.… Read More
by Abbey Huckstep | Jan 25, 2014 | Business, Property
Both companies and individuals need to be prepared for the end of the PPSA Transitional Period which is rapidly approaching.
What is the PPSA?
The Personal Property Security Act (PPSA) came into effect on 30 January 2012, aiming to regulate interests in ‘personal property’. That is, property other than real estate.
Who does the PPSA Apply to?
Essentially, the PPSA may apply to any of the following parties:-
- sellers or buyers of personal property;
- lessors or lessees of personal property;
- persons supplying goods on retention of title terms (e.g. hire arrangements); or
- financiers taking security over personal property.
What is the PPSA Transitional Period?… Read More
by Clint Coles | Jan 18, 2014 | Uncategorised
Often, if you consult a contractor to do any sort of work, you will be provided at the outset with either an estimate, or a quote. The two are very different.
If you have been given and have accepted a quote, a contract is created. The contractor can only charge the quoted amount for the work done.
If you have been provided with an estimate on the other hand, a contract is not created. Two essential elements of a contract are that:
- the terms are certain; and
- there is an intention to create a legally binding relationship.
A quote fulfills both of the above elements, whilst an estimate fulfills neither.… Read More
by Mark Grady | Jan 11, 2014 | Property
The Home Building Act 1989 gives protection to home owners after their houses are built.
Home building refers to anything from building a new home down to renovation of a kitchen or installation of a pool.
Section 18B of the Home Building Act incorporates into legislation warranties for all residential work. The builder warrants that the work will be carried out in a proper and workmanlike manner, all materials will be good and suitable to purpose, building work will comply with any laws, the work will be done with due diligence, and must be fit for occupation.
If these warranties are not complied with then the builder can be sued for breach of the contract.… Read More
by Rebecca Greenland | Jan 4, 2014 | Property
As we usher in the new year, those of us involved in property and conveyancing transactions are awaiting roll out of electronic conveyancing in 2014.
E-Conveyancing, as it is to be known, will involve electronic settlement of sales and purchases in an online workspace.
The early stages of a sale or purchase will remain the same, with solicitors preparing the contract for sale of land and submitting same to the legal representative of the purchaser. Once the contract has been reviewed, and the purchaser has obtained all necessary pre-purchase inspections (such as pest & building reports, survey and finance approval), the contracts will be exchanged and both parties locked into the deal.… Read More
by Sara Burnheim | Dec 28, 2013 | Family
School bullying has become an issue for many parents, particularly, with new technology and accessibility to social media websites. As bullying becomes a concern for parents, often the decision has to be made as to whether the child should continue in their current school or change.
What happens though if separated parents cannot decide whether the child is to leave one school to attend another. This was argued in the recent Federal Circuit Court of Australia decision of Bardot and Benjamin (2013) FCCA 1024. The facts of this case were the parties were married in 1998 and separated in 2006. … Read More
by Jennifer Blissett | Dec 21, 2013 | Family
After a long marriage Mr and Mrs Pratt separated, following which property settlement and spousal maintenance proceedings were listed for a three day hearing.
At the commencement of the hearing, the wife sought an adjournment for a significant period, being two years. The trial judge ordered the proceedings be adjourned for at least three years. Also, the husband’s application for a reduction in spousal maintenance (he was paying $6,500.00 per month) was dismissed.
The application for a lengthy adjournment was provided for under Section 70(5) of the Family Law Act. In general terms,
this section of the Act provides that if there is likely to be a significant change in the financial circumstances of the parties to the marriage and having regard for the time when a change is likely to take place, it is reasonable to adjourn proceedings.… Read More
by Clint Coles | Dec 14, 2013 | Uncategorised
Federal legislation provides protection for people that are misled in business. Section 18 of the Australian Consumer Law says that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
The courts have spent much time in considering what sort of conduct is able to be categorised as misleading or deceptive or conduct likely to mislead or deceive.
Generally to be misleading there must be a statement made about a fact, and the statement must be false. To make a statement of fact is to refer to an objective feature which is not reasonably disputable. … Read More
by Rebecca Greenland | Nov 23, 2013 | Uncategorised
I have my reindeer antlers ready and my santa suit on standby; I have been reading the encyclopedia and atlas every night to brush up on my general knowledge. I am gearing up for the Women in Business Charity Trivia Afternoon co-hosted by Eversols and Forsyths Accountants.
With Anna Moulder of ABC New England North West as our Quiz Whiz Master, we will be hosting a trivia afternoon with a Christmas twist in support of World Vision.
Teams of six will battle it out to be crowned Trivia Quiz Whiz champions.
For a bit of fun, we are asking attendees to get into the festive spirit by wearing some Christmas bling.… Read More
