Blog

Blog

Joint Finances24/07/2017

By Megan McFarlane

It is often assumed that where two parties have been in a marital or de facto relationship – and especially a long one – that the principle of “what’s theirs is mine” applies and will automatically result in a successful property settlement in event of separation.

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What happens if I die without a Will or a wholly valid Will?17/07/2017

By Troy Roulstone

Probate is granted over an estate where all major issues are dealt with; the two major issues being the valid appointment of an executor who can act and disposal of all estate assets. A well drafted Will deals with these two primary issues.

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Family Law - Separation11/07/2017

By Megan McFarlane

Separation can be a daunting experience and working out what steps to take can be overwhelming. This checklist provides some practical steps to try to assist in making the process more manageable – it is useful not only for people separating, but also for people helping a loved one going through a divorce or separation.

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DIY Will Kit Disasters #206/07/2017

By Nick Pullman

Earlier this year I wrote about the Supreme Court of South Australia decision in Cox (Deceased) involving a DIY Will Kit. Not surprisingly, case law continues to expand in the area of DIY Will Kits with another decision handed down in the Supreme Court of Queensland.

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Non-Parent Applications with Children05/07/2017

By Troy Roulstone

Are you able to seek Family Court Orders regarding the parenting of children?

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Defamation –  Rebel with a cause28/06/2017

By Troy Roulstone

The highly publicised case of Rebel Wilson v Bauer Media has recently come to its conclusion in the Supreme Court of Victoria, with the Hollywood Star winning her defamation suit against the magazine publisher.

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Inheritance Update - Claims by Adult Daughters27/06/2017

By Nick Pullman

The Supreme Court of South Australia case of Butler v Tirburzi decided a claim made by a 66 year old adult daughter who successfully argued that she had been left without adequate provision from the estate of her father.

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Presumption against Bail in Terrorist Cases22/06/2017

By Troy Roulstone

Last week announcements were made by Premier Jay Weatherill that the South Australian Government will enact legislation to toughen bail and parole laws in an attempt to combat terrorism.

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Advantages of a Testamentary Trust Will06/04/2017

By Nick Pullman

A Testamentary Trust Will offers greater control over estate planning and distribution to beneficiaries in comparison to simple (or basic) wills.

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De facto relationships in Family Law Matters05/04/2017

By Troy Roulstone

A few years ago the Family Law Act was amended to include provisions for the division of assets in de facto relationships. In some cases, de facto relationships are easily identified, however unlike a marriage which is almost always undisputed, de facto relationships sometimes require effort first in proving the existence of that relationship. If there is no de facto relationship (or marriage for that matter) then the Court cannot make an Order for property settlement.

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