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...
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...
A warranty is a voluntary promise made by a supplier of goods or services to an individual. This promise can be recognised as a right at law and enforceable by the individual (“consumer”) under the Australian Consumer Law (“ACL”) legislation. It is important to understand that consumers are automatically entitled to ‘guarantees’ under the ACL,...
High Court of Australia Public counters are closed, and face-to-face services are permitted only in urgent circumstances following an initial assessment by telephone, according to the website of the attorney-general’s department. Further updates: https://www.hcourt.gov.au/ Federal Court The registries will only offer services online and via phone.Where possible, telephone and AVL are being utilised, and applications...
Have you recently lost a loved one who may or may not have left a Will? Are banks and other institutions not willing to speak to you even though you want to adhere to your loved ones wishes? This may be because these institutions require a Probate or similar Grant. Do you always need a...
