Sending cheques for ‘Full and Final Settlement’ In the past, a cunning way to settle a matter was to send a cheque to a debtor for a reduced amount with an enclosing letter expressing that the cheque was tendered on a full and final settlement basis. In cashing the cheque the debtor accepted these terms...
Making a Will without the assistance of a professional is not advised. The main goal in creating a Will is to ensure that your wishes are fulfilled after death. Even the most simple or self-explanatory do-it-yourself kit can leave errors or gaps, which will mean that the executor of your Will won’t be able to...
With the increase of Gold Coast residents moving overseas, particularly after a relationship breakdown, the question often arises in the practice of Family Law of, ‘how can we deal with Australian property whilst residing overseas?’ Australia is not privy to any international agreements or conventions recognising and/or enforcing foreign Family Court orders in Australia in...
We are pleased to pass on the below legally minded holiday message: Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low stress, non addictive, and gender neutral celebration of the winter solstice holiday as practiced within the most enjoyable traditions of the religious persuasion of...
It is hard to believe that while most of us are preparing for Christmas or holidays or spending time with the family, some businesses use this time to dismiss employees in preparation for a fresh start to the New Year. Being dismissed from your employment can be a difficult experience filled with much uncertainty. It...
Divorce and separation is difficult in any case, but when a child is involved it often becomes more of a case of protecting the interests of your children as opposed to yourself. Emotions run high during the breakdown of a relationship, and getting through the simplest day-to-day chores such as shopping and cooking, can sometimes...
All of us realise the importance of pool safety, especially given that drowning is the lead cause of deaths for children aged between one to four years. Accordingly, all pool owners in Queensland will be required to comply with the current pool safety standard (QDC MP 3.4 and the Australian Standard (AS) 1926-2007 Parts 1...
A family breakdown and subsequent separation is a tumultuous time for families, and even more so when there are children involved. Family lawyers are often asked who decides where the child or children live after separation, and what weight is given to the child or children’s wishes about which parent they would like to live...
The property team at Affinity Lawyers have noticed an increasing number of clients enquiring about, or entering into contracts for the ‘purchase’ of property in retirement villages. While the purchase of a unit in a retirement village may seem like a simple, straight-forward process, in reality it is quite complex. These types of transactions are...
There is a common misconception that caveats are a tool to secure the repayment of a debt. Client’s often state to lawyers, “person A owes me money, I will put a caveat over his property and get my money back”. However, it is important to note that the lodgement of a caveat by a person...
