Sitting down with your solicitor for an estate planning consultation is an important task that many of us put off due to time constraints. We understand that discussing your wishes after your death is an uncomfortable and sometimes unpleasant task, however, it is also one of the most important tasks you will undertake in your...
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PROPERTY SETTLEMENTS – APPLICATIONS MADE OUT OF TIME
It is vitally important that separating parties are aware of the statutory time limits in relation to formalising their property settlements. For married parties, property proceedings must be commenced within 12 months from the date the divorce is granted, and for de facto parties, they must be commenced within 2 years from the date of...
DIAL BEFORE YOU DIG – OR BEWARE OF THE CONSEQUENCES
We recently had a client seeking advice when they were faced with a whopping bill from Telstra for almost $15,000.00 after they accidently cut a Telstra cable while undertaking some home renovations. We thought it was a good time to provide you all with a reminder – if you are doing any works on your...
REGISTERING A CIVIL PARTNERSHIP – APRIL 2016
Since March 2016, when the Civil Partnerships Act 2011 (the Act) commenced, couples (including same sex couples) who meet certain eligibility requirements are able to register a civil partnership. The definition of a ‘civil partnership’ under the Act is ‘a legally recognised relationship that, subject to this Act, may be entered into by any 2...
ELDER AND DOMESTIC ABUSE AND ITS POSSIBLE EFFECT ON FAMILY PROVISION CLAIMS
With a growing aging population, the issue of elder abuse is becoming more prevalent in our society, and while domestic violence issues between spouse and de facto couples are often highlighted in the media, elder abuse has remained somewhat ‘under the radar’. However, in the past year there has been a particular focus on this...
JOINT TENANTS OR TENANTS IN COMMON?
When purchasing real property with another person (or several others), you will need to instruct your solicitor how you wish to hold the property after settlement. Broadly, you can hold the property either as ‘Joint Tenants’ or as ‘Tenants in Common’, however within these two options, there are many different configurations which can be tailored...
LAND OWNERS – HAVE YOU RECENTLY RECEIVED YOUR UPDATED LAND VALUATION NOTICE FROM THE DEPARTMENT OF NATURAL RESOURCES AND MINES?
Land valuations are issued annually by the Valuer-General in accordance with the Land Valuation Act 2010, and cover all rateable properties in Queensland. Issued prior to 31st March each year, the valuations are chiefly used to assess and calculate the council rates applicable for the property, however they are also used for the calculation of...
RECENT COURT DECISIONS MAY AFFECT YOUR BINDING DEATH BENEFIT NOMINATIONS UNDER YOUR SUPERANNUATION
If you have a superannuation interest, it is important that you consider who will receive the benefit of the fund and any associated insurance benefit when you pass away. A binding death benefit nomination (BDBN) allows you to nominate the person or persons who you wish to receive your benefits after your death (provided they...
DO YOU OWN ASSETS IN MULTIPLE JURISDICTIONS? IF SO, YOU MAY NEED TO LOOK VERY CLOSELY AT YOUR EXISTING WILL AND ESTATE PLANNING ARRANGEMENTS
If you own assets in multiple jurisdictions then it would be prudent to make sure that your estate planning is as thorough as possible to ensure that all of your assets can be dealt with as smoothly as possible upon your passing. We are seeing an increasing number of clients who hold property in multiple...
CHECK BEFORE YOU SEND A CHEQUE
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...
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Runaway Bay, QLD 4216
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