News & Resources

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News & Resources

Wills and Estates Q&A-Can I write my own will?

Sometimes, people attempt a ‘homemade’ will without any guide or assistance but such documents often do not follow correct legal form nor withstand legal scrutiny; there are many formalities that a valid will must follow and legal assistance is really the best way to adhere to these.

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If I die without a will, who gets my assets?

When someone dies without a will, he or she dies ‘intestate’. In each state, the law has arrangements for this which detail who gets what from the deceased’s estate and how this process is to be administered. To do this, an administrator will be appointed to dispose of the estate. It is an executor where there is a will.

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Child Support Q&A

Clients will often ask us ‘How much Child Support am I entitled to?’ or ‘How much Child Support should I be paying to my ex?’

How much Child Support you are entitled to receive, or you are required to pay, will depend upon your circumstances. The amount you are assessed to pay or be paid, will be as determined by the Child Support Agency (the ‘CSA”), if and when one parent makes an Application for Child Support.

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Top Tips for Separated Parents at Christmas

Top Tips for Separated Parents at Christmas

As we are fast approaching the ‘Silly Season’, we need to seriously think about taking care of ourselves and our children at Christmas! Emotions are often high at Christmas and especially so for separated families.

Here are some of our Top Tips:

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Commercial Law Q&A

Are my Staff Casual Employees, or permanent?
Anyone who is responsible for the hiring and firing of staff should be across the “type” of employee they hire. The recent case of Workpac Pty Ltd v Rossato (2020) has highlighted that you cannot make assumptions.
So how do you know if you have a permanent or casual employee?

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Legislative changes to discretionary trusts and foreign persons

The State Revenue Legislation Further Amendment Act 2020 No.14 has introduced a new section 104JA to the Duties Act 1997 No.123 (“new Act”) designed to strengthen New South Wales’ revenue base.

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Family Owned and Operated Podcast

As a part of the Sutherland Shire Leader Family Owned and Operated feature, Solari and Stock were also invited to take part in a podcast recording which again highlights family businesses within the St George and Sutherland Area.

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Family Owned and Operated

Solari and Stock were recently invited to participate in the Family Owned and Operated feature in the Sutherland Shire Leader.

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Family Law Q&A

We don’t really own much, but my ex has a large superannuation entitlement when he retires. Can it be divided?

Superannuation was always something that needed to be taken into account in working out a Family Law division. It was classified previously as a financial resource. However there were changes to the Family Law Act in 2002 which in fact made it possible to actually divide superannuation between the parties upon separation. These are called Superannuation Splitting Orders.

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Capital Gains Tax and Family Law Property Settlement – is it a Liability to be taken into consideration in Family Law Matters or not?

Capital Gains Tax and Family Law Property Settlement – is it a Liability to be taken into consideration in Family Law Matters or not?
When calculating the value of the assets available for division between parties, the court may take into consideration any capital gains tax (“CGT”) implications of asset disposal.

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