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 […]

picking your battles

Picking Your Battles

Picking Your Battles by Lajita Recently, I found myself in front of an Honourable Judge in a parenting and property matter.  To the credit of the other party and I, we had reached an agreement on all but one thing – we wanted the changeover place to be changed from the parents’ house to a […]

change to super

A Change to Super that Everyone With An SMSF Needs to Know

A Change to Super That Everyone With An SMSF Needs On 1 July 2017, when many new changes to superannuation commenced, there have been some impacts on estate planning due to these changes. Most particularly with self-managed super funds (SMSFs), but this change will also effect large accumulation funds as well. When someone gets to […]

Pre-Nups

Fall In Love With Your Eyes Wide Open

Fall In Love With Your Eyes Wide Open Pre-Nups for Married and De Facto Couples You have met your soul mate, you are in love and you have planned to live and die for each other for ever more. This is wonderful if this is the case. There is no reason why you should not […]

divorce

The Truth About Divorce

The Truth About Divorce by Lajita It doesn’t matter whose fault it is – in Australia, divorce is no longer fault based. There are very few grounds to prevent a divorce being granted. If there is a jurisdictional argument as to which country should hear the divorce proceedings, or if the date of separation is […]

will-kit

Homemade Wills and Will-Kits

Homemade Wills and Will-Kits by Jacqui Brauman Another homemade Will has just cost a family tens of thousands of dollars in Western Australia, with the family having to work out what the Will actually says in the Supreme Court. The will-maker must have thought they were very smart, but the language used in Wills has […]

family reports in parenting cases

Family Reports in Parenting Cases

Family Reports in Parenting Cases by Lajita In family law parenting matters, a child’s best interests are the primary focus. Family reports provide the court with an insight into the views, relationships and family attachments of the children involved in the dispute. The family report is written by a family consultant, who will be either […]

The Sandwich Generation

New Book – The Sandwich Generation

New book – Sandwich Generation Who is the ‘sandwich generation’? You are the generation that is stuck between your adult children and your elderly parents. You have obligations to both of them, and you thought you’d have some freedom by now! You are torn between them. Just when your children should be grown up and […]

self represented

First Family Court Hearing? Here’s What To Expect If You Go Alone

First Family Court Hearing? Here’s What To Expect If You Go Alone by Lajita What to do Before you Go To Court Be prepared and ready to present your case on the day of your court hearing. Do as much research as possible and gather all the information for your case. Make sure you have […]

social media family law

Social Media and the Need To Bite Our Tongues

Social Media and the Need to Bite Our Tongues by Lajita “In the heated state of mind, your mind controls your actions” – anonymous It is now the norm to begin our days with social media … and end them with social media. We validate our lives and our opinions on it and we jest […]

Buy-Sell Agreement

Importance of a Buy-Sell Agreement in Business

Importance of a Buy-Sell Agreement in Business Having a proper Buy-Sell Agreement, when you are in business with other people, is crucial and an importance step in succession planning for your business. Step 3 of Jacqui’s Small Business Succession Plan is all about Buy-Sell Agreements. A checklist is available for you to download. This is […]

protective trust

Case study: Protective Trust

Case Study: Protective trust by Jacqui Brauman Protective trusts are not necessarily the best option to use when you have a vulnerable beneficiary, but they are still useful in some cases and should be considered by will-makers. Jay is upset when his daughter’s marriage breaks down, and even more so when she returns to drinking […]

ACQ5 global awards 2017

ACQ5 Global Awards 2017

ACQ5 Global Awards 2017 – Wills and Estate Planning Lawyer of the Year – Second Year in a Row! TBA Law is proud to announce that Jacqui Brauman has again been acknowledged on a global scale, receiving the award of Wills and Estate Planning Lawyer of the Year from the ACQ5 online publication. BREAKING NEWS  […]

family law property split

Difference Between Property and Financial Resources

Difference Between Property and Financial Resources by Lajita The Family Law Act 1975 (the Act) sets out the general principles the court considers when deciding financial disputes after the breakdown of a marriage (see Sections 79(4) and 75(2)) or a de facto relationship (see Sections 90SM(4) and 90SF(3)). The general principles are the same, regardless of whether the parties were in a marriage or […]