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...
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,...
Strata Community Australia is pushing the Queensland Government to look into ways to reform Strata law so that developers won’t need 100% of property owners to agree to a redevelopment. Current Strata laws in Queensland are such that all owners of strata property, must agree to sell their land to developers. This requires a resolution...
As social media continues to play a dominant role in advertising and promotion, a recent decision involving Fosters and the Advertising Standards Boards (ABS) has prompted fear into the boardrooms of Australian businesses. The win by the ABS held that the Facebook site of an advertiser is by definition a ‘marketing communication tool’ due to...
When a couple separates, often the Court will need to determine whether funds provided to the parties during their relationship by their respective parents were ‘loans’ or ‘gifts’. This determination is important in a property settlement matter, because if it is found that the funds were a ‘loan’, then this is found to be a...
A power of attorney is an authority conferred on an individual to act or manage the financial affairs of another as their agent, and is commonly used when property is transferred. Upon signing the contract for sale/purchase the power of attorney is not required to be registered, provided there is a prior executed agreement between...
An easement over property is a right or legal interest that either benefits or burdens a parcel of land. It is commonly used to provide access to the sewerage, drainage and other necessary services for local councils, or alternatively to allow a right of way across neighbouring land without causing significant interference. Easements are a...
