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.
In simple terms, estate assets are assets that you own in your personal name at the date of your death. These are the assets that are dealt with in your Will. Non estate assets are dealt with otherwise.
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 by Matthew Elvin At the first family law hearing, donâ€™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 â€˜interimâ€™ orders. These only last until a final order […]
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 Magistratesâ€™ Court of Victoria, donâ€™t expect that you or any witnesses will be cross examined by a barrister at the first court hearing. To the […]
You have elderly parents who need more of your attention, and your children are young adults but they arenâ€™t completely independent yet. You are stuck between the generations. You are torn between them.
I am often asked â€œHow can I talk to my parents about their estate plan â€¦ without seeming like a gold-digger/control freak/Iâ€™m eager for them to be gone?â€