Being eligible to receive super death benefits To be eligible to receive a death benefit from a superfund, the eligibility requirements as set out in the superannuation fund trust deed must be met. However, to be compliant with the Superannuation Industry (Supervision) Act 1993 (‘SIS Act’), a superannuation trust deed will generally require the receiver...
A working understanding of employment law is paramount to ensure awareness of your rights as an employee and the duty owed to you by your employer. Further, employers must ensure they are fulfilling their legal obligations to their employees. Duty of Care The duty of care owed by an employer to their employee is well...
Estate planning is an essential area of law. It provides peace of mind, and comfort in the knowledge that your estate will be managed according to your wishes. A binding death benefit nomination is just one piece of the puzzle that is estate planning that was recently considered by the High Court of Australia. What...
A question we are often asked is what is the difference between joint tenants and tenants in common? The difference in ownership becomes particularly important when one of the owners passes away. Joint Tenants To put it simply, joint tenants means that you own the property equally and when one owner passes away, their share...
De facto relationships are becoming increasingly more commonplace, with marriage no longer being the stringent social norm it once was. With this shift in values comes new areas of uncertainty surrounding de facto relationships and the legal avenues available in the event they breakdown. What constitutes a breakdown of a de facto relationship? One complexity...
As a result of the many advantages a discretionary trust can have,[1] including possible taxation advantages, asset protection and income splitting opportunities, the creation of a discretionary trust has become a prevalent and popular choice for individuals wishing to develop and safeguard wealth for the future generations of their family. Despite the popularity of discretionary...
Stubbings v Jams 2 Pty Ltd (2022) HCA 6 – Implications for Guarantees and Unconscionable Conduct What is a guarantee? The term ‘guarantee’ attracts a level of ambiguity. It is not always clear what the legal implications of a guarantee are beyond the notion that it involves making an assurance, generally in the circumstance of...
Buying a business? If you are looking at buying a business or are in the process of buying a business, then there are a multitude of things you will need to consider. Not only should the typical pre-purchase due diligence enquiries be made, but some more in-depth matters (which are often glossed over or forgotten...
How to contest an Estate in Queensland if there is no Will What happens when someone dies without a Will? When a person dies without a Will, they are said to have died ‘intestate’. When this occurs the deceased’s Estate is distributed according to legislation which, in Queensland, is governed by the Succession Act 1981...
NEW SMOKE ALARM REQUIREMENTS STARTING 1 JANUARY 2022 The Fire and Emergency Services Act 1990 came into effect in Queensland in 2017 to provide for the prevention of fires and other incidental emergencies; and to establish a framework for the management of compliant fire safety. If a property is not in compliance with current fire safety...
