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 […]

moving heavy furniture

How To Move Heavy Furniture

How To Move Heavy Furniture Knowing how to move heavy furniture is a valuable skill to have. Trying to shift furniture (or any other heavy item) can cause serious harm if it’s done incorrectly, particularly to your lower back and spinal regions. It also makes the job a lot harder than it needs to be. […]

wrong no guardians

Case Study: Wrong/No Guardians if Parents Die

Case study: Wrong/No Guardians One of the cases that I came across a few years ago, through a friend working as a prosecutor, made me want to bring estate planning awareness to parents of young children. This case was one of the reasons why I did my Masters Degree in Wills and Estates, and why […]

intervention order

Applying for an Intervention Order

Applying for an Intervention Order You can apply for a family violence intervention order at any Magistrates’ Court in Victoria if you are over 18. Go to court Call the Magistrates’ Court to make a time to have your application processed. The court’s website can help you find your nearest Magistrates’ Court. You might prefer […]

stamp duty

Stamp Duty Changes to Make Estate Planning Harder

Stamp Duty Changes to Make Estate Planning Harder One of the benefits that we previously had in Victoria was that spouses did not pay stamp duty on land transfers between them, whether it was their principle place of residence or an investment property, or any other restructure of properties between them. This was really important […]

moving house

Ultimate Moving Checklist

Ultimate Moving Checklist Moving house is exciting but it can be equally as stressful if you’re not prepared. Whether you’re travelling overseas, moving interstate or just headed down the road, being organised is key to an efficient and easy moving experience. Nothing is worse than relaxing into your new home, trying the remote and realising […]

self-managed superannuation

Case Study: Self-Managed Superannuation

Case Study: Self-Managed Superannuation Jay is in his second marriage. He has two adult children from his first marriage, a step-child and a new baby from his second marriage. He is the sole member of a self-managed superannuation fund that he set up before he got married again, and the fund has assets of $1.5m […]

common mistakes

Common Mistakes in Estate Planning

Common Mistakes in Estate Planning There are a lot of common mistakes that are made by lawyers and others who prepare estate planning documents for their clients via online services other than a lawyer. One of the major mistakes that leads to all the other following mistakes is to not value the estate planning process, […]

family violence

Family Violence Intervention Orders

Family Violence Intervention Orders by Lajita Jane and Andrew were married, but have now been separated for over seven years. Their relationship is acrimonious at best, but they remain in contact because they have shared care of two children under 12. Jane also has two other children with her current partner and they all go […]

separated but not divorced

Separated But Not Divorced? Your Will Should Be A Priority

Separated but not divorced? Your Will should be a priority I used to tell family law clients when they were separating that their children and their property settlement were the most important things, and that they didn’t have to worry about getting a divorce unless they wanted to remarry. However, if you are separated and […]

Australasian Law Awards

Announcing: Finalist Australasian Law Awards

2017 Finalist for Australasian Law Awards – State/Regional Firm of the Year TBA Law is very pleased and proud to announce that we have been short-listed as a finalist in the 2017 Australasian Law Awards in the category of State/Regional Firm of the Year. We are amongst some very prestigious company, and extend our congratulations […]

first home owner

First Home Owner Benefits

First Home Owner Benefits The First Home Owner Grant was scaled back a couple of years ago, to be just $10,000 for a first home owner buying a new home under the value of $750,000. This will be doubling from 1 July 2017 for new homes in regional Victoria, for first home owners, from $10,000 […]

defacto relationship

Was I In a De Facto Relationship?

Was I In a De Facto Relationship? by Lajita Commonwealth laws for the division of property for people in de facto relationships that break down commenced on 1 March 2009.  Prior to 2009, the laws for division of property that were applied to a married couple did not apply to a de facto couple. The […]

power of attorney capacity

When Does A Power of Attorney Begin?

When Does A Power of Attorney Begin? Powers of attorney can be general or enduring. “Enduring” simply means that the powers you give endure beyond you losing mental capacity. Today, we are talking about Enduring Powers of Attorney that give powers in relation to financial, legal and personal matters. These powers of attorney can begin […]

tell the kids about our divorce

How Do I Tell The Kids About Our Divorce?

How Do I Tell The Kids About Our Divorce? by Lajita Children grow up surrounded by notions of what is “happily ever after” and what their family should look like and how they should behave. When parents fight or just don’t get along, although the child is sad, in most cases, they don’t conceptualise their […]

solicitors best for conveyancing

Solicitors are the Best for Conveyancing

Solicitors are the Best for Conveyancing by Leanne Certainly, selling or buying a property is a big event, property is generally the most significant asset most people have. Using a lawyer for conveyancing gives confidence, security and peace of mind. A lawyer, unlike a conveyancer working for themselves, can guide and resolve any legal issues […]

Complete “How To” For Working with TBA Law

Complete “How To” For Working With TBA Law Responsive service, efficiency and accountability are certainly values that we hold at TBA Law. We operate from a place of a deep sense of wanting to provide you with a service that is in your best interests. We will always act morally and ethically, and in the […]

inheritance and property settlement

How Does My Inheritance Affect My Family Law Property Settlement?

How Does My Inheritance Affect My Family Law Property Settlement? by Lajita In 1999, Sunny and Ria met through a marriage maker. Sunny lived in India and over several months they communicated via Skype, telephone and email and decided that it was true love. Ria owned a modest but run down property in Frankston. The […]

get in order in 2017

Get In Order in 2017

Get In Order in 2017 One of your New Year’s resolutions may have been to get organised in 2017, or maybe it’s on your list of New Year’s resolutions every year. Well, in getting organised, here are some of the things you should think about to make sure that the wealth you are creating is […]

TBA Law estate planning

Case Study: Single Mother Without Powers of Attorney

Case Study: Single Mother Without Powers of Attorney Sara is a single mother raising her four-year-old daughter Michelle and two-year-old boy Matthew. Although she was devastated that her relationship with the father of her children failed, she has really embraced being able to do things her own way. She gets to choose what her children […]

estate planning melbourne

The Correct Way to Transfer Control of Your Family Trust

The Correct Way to Transfer Control of Your Family Trust Many small businesses and farming businesses are run in a family trust structure, and many families use family trusts as an investment vehicle, and perhaps own their investment properties in a family trust. Family trusts can be a great vehicle, particular for those who set […]

ACQ5 awards - wills and estates lawyer of the year

ACQ5 Global Awards 2016 – Wills and Estates Planning Lawyer of the Year

ACQ5 Global Awards 2016 – Wills and Estates Planning Lawyer of the Year TBA Law proud to announce that we have won another business award in a global industry magazine. ACQ5 announced to the world the winner of the 11th Annual ACQ5 Global Awards for 2016, and we were one! The 11th Annual ACQ5 Global […]

equal inheritance to children

Equalising Inheritance Through Your Will

Equalising Inheritance Through Your Will People will often want their children to have an equal share in their estate, and in giving instructions like this is a solicitor, many may not consider non-estate assets. If a will-maker truly wants their children to all be treated equally, then they also have to consider: pre-death gifts the […]

mistakes powers of attorney

5 Things To Never Do When Appointing a Power of Attorney

5 Things to Never Do When Appointing a Power of Attorney There are two primary enduring powers of attorney available in Victoria. One is for medical treatment, and the other covers financial, legal and personal matters. An attorney appointed for you must act in your best interests, but not in the best interests of your […]

unfair terms

Consumer Protections Extending to Small Businesses

Consumer Protections Extending to Small Businesses Commencing on 12 November 2016, small businesses will have some of the protections that consumers have under the Australian Consumer Law. Traditionally, consumers are protected from unfair terms when buying goods or services from businesses, and this will continue. These protections will be extended to small businesses, so that […]

self-managed super fund

If You Have A SMSF …

If you have a SMSF, what other documents should you have? Superannuation is holding more and more of our wealth. If you have a self-managed superannuation fund (SMSF), you have an more immediate responsibility to make sure that it operates correctly, and that you have considered all the succession factors you need to. The Trustee […]

same sex couple

Case Study: Same Sex Couple

Case Study: Same Sex Couple Mitchell and his partner, Cameron, live together with their young adopted daughter, Lily. They are modestly wealthy, their home being worth $800,000 with a $250,000 mortgage remaining. They each have superannuation of approximately $200,000 and life insurance each of $500,000. In Australia, as a same sex couple Mitchell and Cameron […]

estate planning blended family

Case Study: Blended Family

Case Study: Blended Family Jay needs to do his Will and estate plan. He and Gloria are married, but Jay has two adult children from his first marriage, Claire and Mitchell. Gloria has one child from a previous relationship, Manny aged 10, who lives with her and Jay. Jay and Gloria have just had a […]

bankrupt estate

The Truth About Insolvent Estates

The Truth About Insolvent Estates What happens when someone dies insolvent, meaning that they have more debt than assets? The first myth is that the executor will be liable for the debts. This is not true, if the executor acts honestly and does his or her job properly. The executor should not be personally liable […]

repairs and maintenance

Repairs and Maintenance

Repairs and Maintenance Lease Series 4 of 4 As most would know, the requirements on the landlord to maintain a premises depends on whether the premises is a residential premises, a retail premises under the Retail Leases Act, or a commercial premises. Landlords bear all the obligations under a residential lease to keep the premises […]

Lease renew

Notices To Renew

Notices To Renew Lease Series: Three of Four There is s hidden trap in the Retail Leases Act that landlords should be aware of: make sure you give your tenants notice in writing of the last date they can exercise their option to renew. Most landlords miss this requirement, and even some managing agents miss […]

retail leases

What Are Retail Leases?

What Are Retail Leases? Leases Series: Two of Four For those you have commercial or industrial properties that you lease out, or if you are a tenant leasing a commercial or industrial property, you might be interested to know that the Retail Leases Act and all its additional benefits may apply to you after all. […]