Repairs and Spare Parts

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 ‘reasonable’ 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?

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

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

Succession of family trusts by Jacqui Brauman So you have been running your business or your property investment portfolio in your family trust. But you’re now wanting to retire, or at least know that if you take a step back, that the whole thing won’t collapse. You’re at a crossroads, and you need a succession […]

8 Tips to Buying Real Estate

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. […]

Wills for minors

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.

The Ins and Outs of Splitting Superannuation

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 parties’ superannuation fund(s).

Mutual Wills

It’s easy for them to make mirror image Wills, but a Mutual Will Agreement might be more appropriate for you.

How Much Does a Will Cost?

Asking “how much does a Will cost?” is a lot like asking “how much does a house cost?”. There is no simple answer. The cost of a Will is dependant on a number of factors.

Are you entitled to Spousal Maintenance?

Spousal maintenance is when one party to a broken down relationship is legally required to provide financial support to (or ‘maintain’) the other for a period of time after their relationship ends.

I received a lump sum – will I get it back after separation?

“Direct financial contributions” are essentially any lump sum of money received during the relationship, such as worker’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 ‘contribution’.

7 Reasons To Have A Will

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.

My ex won’t let me go overseas with our child; what do I do?

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.

Life Interest or Use and Enjoyment Trust?

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.

How does my inheritance affect my family law property settlement?

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 […]

Family Reports in Family Law Cases

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.

Cutting Someone Out of Your Will

I’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.

Your Superannuation is Not Your Asset

For many people, their superannuation is their biggest asset. However, your superannuation is not an estate asset to be dealt with under your Will. Instead, it is an asset held on your behalf by the trustee of your superannuation fund.

What To Expect at Your First Family Law Court Hearing

What To Expect at Your First Family Law Court Hearing by Matthew Elvin At the first family law hearing, don’t expect to see witnesses cross-examined in the court room like on television shows. The first court hearing is more procedural, with the judge only usually making ‘interim’ orders. These only last until a final order […]

Pleading not guilty to less serious criminal charge – the first court hearing

Pleading not guilty to less serious criminal charge – the first court hearing by Matthew Elvin If you are pleading not guilty to summary (less serious) criminal charges in the Magistrates’ Court of Victoria, don’t expect that you or any witnesses will be cross examined by a barrister at the first court hearing. To the […]

The Sandwich Generation

You have elderly parents who need more of your attention, and your children are young adults but they aren’t completely independent yet. You are stuck between the generations. You are torn between them.