A question which is often asked by parties who have separated is whether they can change the locks to the house to stop the other party having access to the property. This is an area not without its complexity as it will depend on numerous factors as to whether one party has the legal right...
It is trite to say that the advancement in I.T. technologies are rapidly growing and encompassing every aspect of our day to day life. Cloud based technology is becoming the norm in business operations, and is now often being used to disclose documents in litigious/adversarial matters through such tools as Dropbox. The recent Queensland Supreme...
Generally, before a deceased person’s final wishes are able to be performed, a procedure known as a Grant of Probate of a Will is required. This is a sealed document that is issued by the Supreme Court Registry which affirms that the executor has proven that the Will is the last valid Will/Codicil of the...
The Chief Justice of the Family Court (Federal Circuit Court) John Pascoe, has demanded greater access to information in respect of matters pertaining to family violence. The Chief Justice has highlighted that the Commonwealth/State Privacy legislation, and the lack of resources and funding being granted to the Family Court system is crippling judicial administration, to...
Perhaps you’ve been left out of a Will, or you think that the Will of the deceased is unfair. In Queensland, the Succession Act 1981 (Qld) (‘The Act’), confers rights to specifically defined dependants, (see below) to bring a Family Provision Application. What is a Family Provision Application? A Family Provision Application is an application...
Our firm has previously highlighted the importance of preparing a Will, however, there are some situations where a standard Will may not be the most effective way to distribute your estate. In matters that involve large estates, a number of beneficiaries, or where the beneficiaries are in risky occupations, testators should consider making a Testamentary...
Major changes are set to begin later this year in respect of property transactions in Queensland. On 7 May 2014, the Queensland Parliament passed The Property Occupations Act 2014 (‘The Act’), which will replace current legislation, The Property Agents and Motor Dealers Act (commonly referred to as ‘PAMDA’). The new Act aims to achieve an...
Misunderstandings over the obligation to protect people’s privacy can often lead to legal action when businesses make the wrong decision about their use of people’s personal information. The Privacy Act 1988 (Cth) establishes National Privacy Principles that apply to all private sector organisations with an annual turnover of more than $3 million, health service providers,...
We take the opportunity to remind you all of the serious implications your social media accounts, in particular Facebook, can have on any court proceedings to which you may be a party. The Family Court has shown an increasing inclination in recent months to accept evidence obtained from Facebook when deciding cases about: where/whom the...
From the beginning of 2014, the new anti-bullying provisions under the Fair Work Act 2009 (‘FWA’) came into effect in an attempt to stamp out workplace bullying, and although the Fair Work Commission is unable to make compensation or damages orders, it can make a ‘stop-bullying order’ and a contravention of that order can give...
