Many company directors are aware that they can be held personally liable for the debts of a company if they have given a personal guarantee or if they allow the company to trade whilst insolvent. However many directors are unaware of the circumstances in which...
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPOA) is a document that appoints a person (the attorney) to make legal and financial decisions on behalf of the principal, once the principal is unable to manage their affairs. The principal...
When a marriage or de facto relationship breaks down, property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties as a part of their property settlement. Superannuation...
FAMILY LAW - FINANCIAL DISCLOSURE Parties to financial family law cases have an ongoing duty to disclose the material facts relating to their financial position. This is set out by rule 13.04 of the Family Law Rules, which says that a party to financial...
As many of our parents grow into the latter years of their long life, the effects of age on the elderly mind can often be observed. This effect can be gradual with the gradual onset of Illnesses such as dementia and Alzheimer's, but can also...
Same sex marriage in Australia has been legal since 9 December 2017 under the Marriage Amendment (Definition and Religious Freedom)Act 2017. The option of marriage for same-sex couples has conferred a number of benefits and rights previously denied to them. Some of those rights include: Less hurdles...
Many clients understand that entering into a de facto relationship can confer certain rights and responsibilities akin to being married. However it is often hard to pinpoint the exact point in time at which a girlfriend or boyfriend becomes a de facto partner for...
In the recent case of Jabour & Jabour [2019] FamCAFC 78, the Full Court of the Family Court of Australia set aside orders made by the Trial Judge who, in assessing contributions awarded the husband 66% of the net non-superannuation property and the wife 34%...
When a relationship ends, the former partners need to come to an arrangement about how to divide the property and how to share the care of the children, going forward. If an agreement cannot be reached then the court will be asked to step in...
When a tenant and landlord of a commercial property are in dispute often the first remedy a landlord will look for in this position is to evict the tenant and get a new tenant in as soon as possible. In a commercial lease, provision for evicting...