Consumer Guarantees – What does a supplier guarantee? by Matthew Elvin Last week I explained what the Consumer Guarantees under the Australian Consumer Law (â€œthe ACLâ€) are and when they apply. This week I detail the guarantees that a supplier must provide a consumer under the ACL. Firstly, a supplier guarantees a number of things […]
Consumer Guarantees – what services are guaranteed? I have recently written about the Consumer Guarantees that suppliers provide to consumers under the Australian Consumer Law generally, and, in particular, in relation to the supply of goods. In this article, I discuss the Consumer Guarantees as they apply to services and service suppliers. Firstly, a supplier […]
Charities in Your Will by Jacqui Brauman Australians are a giving nation, with a long proud history of charitable giving – ranging from modest gifts on flag days to charitable trusts whose endowments now measure in the hundreds of millions of dollars. Many well-know charitable trusts have been established by Wills. These include Archibald Prize […]
Are “No Refund” Signs Legal? In recent articles I have written about Consumer Guarantees under the Australian Consumer Law (â€œthe ACLâ€). If you have not already read these articles, I encourage you to do so, especially if you are interested in what Consumer Guarantees are and when they apply. In this article I discuss â€œNo […]
Family members who are vulnerable or have a disability by Jacqui Brauman When any of our family members are gamblers, alcoholics, drug-users, bankrupts or have a severe disability, we may be reluctant to leave a direct legacy to them in our Will out of fear of it being wasted or abused. But we shouldnâ€™t avoid […]
Estate Proceeds Trusts: A Case Study by Jacqui Brauman In this example, Saraâ€™s husband Tim has died in an accident. They have two primary school aged children, Michael and Melissa. Tim and Sara had prepared Wills a few years prior, when the children were still very young. They were basic Wills, which simply ensured that […]
Repairs and Spare Parts by Matthew Elvin Under the Australian Consumer Law (“ACL”), manufacturers and importers are required to guarantee the availability of repairs and spare parts to consumers for a â€˜reasonableâ€™ time. That is, they must take all reasonable steps to provide spare parts and repair facilities (such as a place that can fix […]
What is a trust? by Jacqui Brauman This is a complex area, because there are many forms that a trust can take. I have previously prepared a downloadable fact sheet on this website about trusts, too, so that would be worthwhile looking at. Basically, a trust exists when someone holds property for the benefit of […]
Consumer remedies under consumer law by Matthew Elvin In recent articles I have written about the consumer guarantees that suppliers of goods and services must provide consumers, as well as the remedies available when a guarantee is breached. In this article I discuss the circumstance where a supplier has breached a guarantee, but the consumer […]
Succession of family trusts by Jacqui Brauman So you have been running your business or your property investment portfolio in your family trust. But youâ€™re now wanting to retire, or at least know that if you take a step back, that the whole thing wonâ€™t collapse. Youâ€™re at a crossroads, and you need a succession […]
8 Tips to Buying Real Estate by Jacqui Brauman It may be your first time buying a property, or you may have done it before but not taken much personal responsibility for the process. But now, you want to be more in control, have more certainty, and not be at the mercy of other people. […]
A final property settlement is a Final Order of the Court, binding on both parties. When can it be set aside?
Generally, you need to be eighteen years old (no longer a minor) to make valid Will. Unless the court helps you make a will for minors.
Whether a superannuation split is to occur under an agreement or a court order, the first step is always to find out the relevant information of the partiesâ€™ superannuation fund(s).
Itâ€™s easy for them to make mirror image Wills, but a Mutual Will Agreement might be more appropriate for you.
Asking â€œhow much does a Will cost?â€ is a lot like asking â€œhow much does a house cost?â€. There is no simple answer. The cost of a Will is dependant on a number of factors.
Spousal maintenance is when one party to a broken down relationship is legally required to provide financial support to (or â€˜maintainâ€™) the other for a period of time after their relationship ends.
â€œDirect financial contributionsâ€ are essentially any lump sum of money received during the relationship, such as workerâ€™s compensation, inheritance and lottery winnings. As a basic rule, if you received a lump sum of money during the relationship then this will be Lump sum after separationconsidered your â€˜contributionâ€™.
There is no obligation to make a Will, but having a Will offers many benefits, both financial and personal. Here are some reasons to have a will.
It would be worth considering setting aside funds, if you die, into an education trust.
The person youâ€™re negotiating with to buy it from you doesnâ€™t have enough money to pay you what you want, try vendor finance.
If you are a victim of domestic violence, the first thing you need to do is ensure that you are safe and that you have the support you need.
If you do not have it, then you will need to apply to the Court for an Order permitting you to take your child overseas. If you are in possession of the child’s passport, unless the other parent makes an application to the Court to stop you from going overseas, then you technically have the option of simply going overseas without the consent of the other parent.
A legacy is simply a gift of cash in your Will.
After you die, you might want a spouse or a child to have the benefit of a certain asset for the rest of their lives. You can achieve this a number of ways in your Will: grant a life interest, or to create a use and enjoyment trust, and to give the specific person the benefit of that trust.
Minimise legal costs: Because lawyers generally charge for their time, whether your lawyer is performing an administrative task for you or providing you with specialist legal advice – they are charging you the same amount of money.
How does my inheritance affect my family law property settlement? by Matthew Elvin Inheritance does have an effect on the outcomes of Family Law property/financial cases. The timing of the inheritance is crucial. On the one end of the spectrum is inheritance received after separation, but before property settlement is finalised. In this case, you […]
At the first Court hearing in parenting cases, the Court will often order that the parents and the children attend an appointment with a Family Consultant for a family report.
There is only a small range of people who are eligible to receive a superannuation death benefit directly.
If you have been served with an intervention order application, you should attend the first Court hearing. If you do not attend it, an intervention Order may be made against you.
Iâ€™ve had a few more people than usual who have asked how to cut one of their children out of their Will; how can they leave them nothing. My answer is: not with absolute certainty.
Previously, Victoria was one of the most flexible States in Australia for people making a claim against a Will. Now will disputes are restricted to a list of eligible people.