Often after separation when parties are determining their property pool and deciding how the pool may be distributed between the parties, they do not realise that their superannuation interests are classed as ‘property’, and form a part of the parties’ property pool which can be available for distribution. In this article we will provide you...
Probate is an official document obtained from the Supreme Court as recognition that the Will of a deceased person is legally valid. Probate need not be obtained in all estate matters, however, there are particular circumstances where a grant of probate may be required, such as when the executor is required to distribute proceeds of...
As Australian property prices remain some of the most unaffordable in the world, sellers are finding alternate ways to entice buyers into contracts. Recently, Rent-to-Buy has been one of these methods. Generally attractive to buyers without a solid credit or savings history, a lease is entered into with an option to purchase after X...
At Affinity Lawyers, we know that when a separation occurs it can be a stressful, emotional time for parties and often during this time, parties are not aware, or fail to consider important financial or personal matters which require consideration and urgent action to protect their interests. While we strongly recommend obtaining legal advice...
1. Have you been dismissed from employment? If you have been dismissed you may have a claim against your employer, if your employer has breached your contract of employment or broken the law in dismissing you. If your employer has broken the law in dismissing you, you may be able to make a claim under...
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), regulates a wide range of “reporting entities”, including businesses in the financial services sector, the gambling sector and bullion dealers. These reporting entities are regulated to the extent that they provide “designated services” under the Act. Section 6 of the Act defines a “designated service”...
Legislative safeguards exist for the protection of individuals regarding the content, use and disclosure of credit reports under the Privacy Act 1988 (Cth), and regulating how credit providers handle information about individuals. The legislation is aimed at protecting information relating to the consumer’s credit-worthiness and ensuring that use of this information is restricted primarily to...
Under the common law, ‘legal professional privilege’ is the ability to retain confidences and resist the compulsion and admission into evidence of communications passing between a party and a legal advisors, without the clients consent, for the dominant purpose ‘of either obtaining legal advice or assistance from a legal practitioner’, or ‘for use in actual,...
