medical power of attorney

Medical Power of Attorney

Medical Power of Attorney by Jacqui Brauman The Enduring Power of Attorney (Medical Treatment) (medical power of attorney) in Victoria has been replaced under new laws that I introduced here. We now have an Appointment of a Medical Treatment Decisions Maker instead. Along with a change in the term of the person who can make […]

elder abuse

World Elder Abuse Awareness Day: 15 June

World Elder Abuse Awareness Day by Jacqui Brauman The International Network for Prevention of Elder Abuse declared 15 June to be World Elder Abuse Aware Day back in 2006. Maybe because of increasing awareness, the Australian Law Reform Commission finally tabled a report on Elder Abuse in Australia in June 2017, and how the legal […]

security deposit

Security Deposits … or is that a Bond?

Security Deposits … or is that a Bond? by Rochelle Manderson Mention the word ‘Bond’ to any stranger on the street and they will no doubt respond with the numbers 007, but ask a lawyer the same thing, and we will immediately be thinking ‘security deposit’. So what is a security deposit? And when is […]

lodge a caveat

Do I Need to Lodge a Caveat After Separation?

Do I Need to Lodge a Caveat After Separation? by Lajita I am separated from my partner/spouse, “do I need to lodge a caveat on our property?”. A caveat on real property serves to warn anyone dealing with that property that someone has a priority interest in that property. It is a common occurrence in […]

cut someone out of your will

How To Cut Someone Out of Your Will

How to Cut Someone Out of Your Will by Jacqui Brauman I’ve had a few more people than usual who have asked how to cut one of their children out of their Will. My answer is: you can’t with absolute certainty. In Australia, you have testamentary freedom, which is the freedom to make whatever Will […]

Power of attorney

Enduring Power of Attorney

Enduring Power of Attorney by Jacqui Brauman An Enduring Power of Attorney allows you (the Donor) to appoint someone (the Attorney) to decisions on your behalf. The powers to make decisions are very broad, in the areas of financial decisions, legal decisions and personal decisions. You can select different people to make decisions for you […]

ACL

Services and the Australian Consumer Laws

Services … and the Australian Consumer Laws by Rochelle Manderson We have some previous blogs that describe some of the Australian consumer laws (‘ACL’) regarding the sale of goods, but what about the provision of services? The ACL includes three consumer guarantees that apply to the provision of services, and like the consumer guarantees regarding […]

nominating a beneficiary for your super

Nominating a Beneficiary for your Superannuation

Nominating a Beneficiary for your Superannuation Superannuation is often one of biggest assets, particular when the life insurance component is taken into account. Yet, the superannuation companies don’t make it clear enough about how to ensure that those funds go to the right people if something happens to us. A nomination form needs to be […]

superannuation split

Splitting your Superannuation After Separation

Splitting your Superannuation after Separation by Lajita When a marriage or de facto relationship breaks down, the asset pool can be divided between the parties. Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is held in a trust. Splitting does not convert […]

drafting a will that works

Insider Secrets About Drafting A Will That Works

Insider secrets about drafting a Will that works by Jacqui Brauman It’s the little things that make all the different, and in the language of estate planning and Will drafting, every word has a meaning or interpretation that is based on hundreds of years of precedent. It’s not a simple process, and there are plenty […]

medical treatment decision maker

New laws: Medical Treatment Decision Maker

New laws: Medical Treatment Decision Maker by Jacqui Brauman Today, the 12 March 2018, some laws in Victoria have changed. Gone is the legislation the used to allow the appointment of a medical power of attorney. However, all Enduring Powers of Attorney (Medical Treatment) completed prior to today, will remain valid. The new legislation is […]

Oscar's law

Pet Registration, “Oscar’s Law”, and What it Means For You

Pet Registration, “Oscar’s Law”, and What it Means for You By Rochelle Manderson The popularity of dogs and cats as domestic pets is well documented, and for many people, the pets they share their lives with are important members of their family.  It is estimated that there are over 4 million dogs in Australia, whilst […]

How to Control Your Legal Fees

How to Control Your Legal Fees by Lajita Allan-Agnew Depending on who you talk to, legal experiences can range from horror stories to feel-good movies. The genre of your legal experience as well as the reality of legal fees is however, to a large extent, within your control. Is there an alternative to going to […]

fit for purpose

Fit for Purpose?

Fit for Purpose? by Rochelle Manderson It may seem very basic, but if you purchase an item it should be fit for the purpose it was designed for, right??? The following article continues our series on the Australian Consumer Law, and how this very simple idea is enshrined in our law so that goods that […]

when parents die

Case Study – Young Parents Die

Case Study – Young Parents Die The facts Daniel and Jennifer were high school sweethearts who met again in their mid-twenties and never stopped their romance. They married within 12 months of meeting again, and worked on their careers for a few years, also buying a house. Jennifer is a nurse and Daniel works for […]

guardians

A Complete ‘How To’ for Appointing Guardians for Your Children

A Complete ‘How To’ for Appointing Guardians for Your Children So you’ve taken the time to consider who will be the best people in your lives to appoint as guardians in your Will. You’ve taken the step to make a Will, or at least made an appointment with a solicitor to get the process started. […]

acceptable quality

Acceptable Quality for Goods

Acceptable Quality for Goods by Rochelle Manderson Avid readers of our resources page will recall the introductory article on the Australian Consumer Law. It listed the nine consumer guarantees, and discussed what constitutes a major failure. This article outlines the first of the nine guarantees –  that goods are of acceptable quality. The acceptable quality […]

conveyancing in 2018

Conveyancing in 2018

Conveyancing in 2018 There have been a lot of changes over the last 12-18 months in the world of conveyancing. The introduction of electronic settlements on the PEXA platform (and the push for all settlements to occur this way) has had wider impacts. Transfers The forms at Land Victoria have all changed, and because many […]

New Year's resolution

Is Your New Year’s Resolution to Get Your Finance in Order in 2018?

Is Your New Year’s Resolution to Get Your Finance in Order in 2018? Among the most common New Year’s resolutions are: Get fit Start a new particular hobby Spend more time with family or looking after yourself Quit smoking, and Get your finances in order. If your resolution is to get your finances in order, […]

2017 done

2017 All Wrapped Up

2017 All Wrapped Up There has been a lot happen in 2017, and although it feels like it has flown, we have all done a lot and achieved a lot. There has also been some legislation changes, which we highlighted in blog posts: new ademption laws new intestacy laws impacts of intestacy laws on new […]

NAB Professional Services Award Winner and National Runner-Up

NAB Professional Services Award Winner and National Runner-Up TBA Law has been named as the Winner in the Best Law Firm, Private Clients, VIC/TAS category for the Professional Services Awards 2017. TBA Law was also a National Runner-up in the Australia-wide Private Clients category for Law Firms .  It was a competitive field: there was over 160 entrants in the inaugural awards. Put simply, the […]

consumer guarantees

Guaranteed?

Guaranteed? An Introduction to the Australian Consumer Law … by Rochelle Manderson In January 2011, the Australian Consumer Law (or ACL) was born, and with it came nine standard consumer protections that are uniform across Australia. The following article is a brief introduction to the ACL, and looks at the guarantees it provides when purchasing goods. […]

new ademption laws

New Ademption Laws

New Ademption Laws by Jacqui What is ademption? Ademption is a very old concept that has developed over centuries of English inheritance law, and been brought to Australia. It occurs when a specific gift is left to someone in the deceased’s Will, and that specific gift is no longer owned by the deceased when they […]

do your research on your lawyer

Do Your Research On Your Lawyer

Do Your Research On Your Lawyer by Jacqui Just like any other high-end item that you might buy, when you are shopping around for legal services, you should do your research. My husband and I are sticklers for research – if someone doesn’t have a website, we discount them straight away. If someone’s website is […]

more than one

More Than One Spouse in 6 Years?

More Than One Spouse in 6 Years? by Jacqui Brauman If you die without a Will, you are said to have died ‘intestate’, and the laws of intestacy apply. New laws commenced on 1 November 2017 for the laws of intestacy in Victoria, and my previous article gave some information about those changes. As part […]

Die Without A Will

What Happens If I Die Without A Will?

What Happens If I Die Without A Will? by Jacqui Brauman If you die without a Will, you die ‘intestate’. Each State has its own laws about intestacy, so if you die in Victoria without a Will, then the Administration and Probate Act is the piece of law that dictates what happens to your estate. […]

Robots doing legal work

Who’s Doing Your Legal Work?

Who’s Doing Your Legal Work? Robots, Unqualified People, or Foreigners? At least in a small firm like ours, you can see all our staff on our website, everyone is listed on the letterhead, and you can even meet us if you drop into one of our offices! What is becoming increasingly apparent over the last […]

Travelling overseas with children

Separated and Travelling Overseas with Children

I am separated from my partner and I want to travel overseas with our child. What do I do if s/he says no? by Lajita In all but extreme cases, parental responsibility is shared by the mother and father of the child. When it comes to the matter of travelling overseas with your child/ren, shared […]

SMSF CGT

What a Relief – CGT Help

What a Relief – CGT Help Wilsons can help you negotiate the complexities of the government’s capital gains tax relief which you may be eligible for if have superannuation interests in the retirement phase greater than $1.6m or are receiving a transition-to-retirement income stream. The new superannuation measures required several changes to clients’ arrangements in […]

Aged care

Aged Care Basics

Aged Care Basics by Jacqui Your ACAT Assessment (“Aged Care Assessment Team”) or ASAS Assessment (“Aged Care Assessment Service”) is your first step, and this should be done sooner rather than later. Generally it cannot be done in an emergency, and could take a couple of months to arrange. This Assessment is the key to […]

how much will i get?

How Much Will I Get?

How Much Will I Get? by Lajita When a relationship breaks down, you soon realise that you must separate your living arrangements, finances and decide who gets to keep what. Unfortunately, there is no formula used to divide your property and what rings true for one relationship will not apply in another. The Family Law […]

self managed super

Farming Land and Business Premises in Your SMSF

Farming Land and Business Premises in Your SMSF by Jacqui Having the transfer balance cap of $1.6m introduced for pensions has more impacts on self-managed superannuation funds (SMSFs) if the SMSF has invested in property, particularly valuable farming land that is still being farmed by the family or a business premises that is used for […]