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What You Need to Know About Selling Rural Land

Rural property brings with it unique considerations whether you’re a seller or a buyer. Water rights, road access, chattels such as tools and machinery, environmental restrictions, mining exploration licences, Crown leases and much more are all part of the proposition when it comes to buying and selling rural land. The list of potential issues that… Read More »What You Need to Know About Selling Rural Land

How to Resolve a Retail Shop Lease Dispute in Queensland

Disputes between a person operating a retail shop and a landlord are not uncommon. Disagreements about rent rises, maintenance costs, fixtures and other terms of the lease can, in some cases, become intractable and lead to threats of legal action by the parties involved. In Queensland, a mechanism to resolve such disputes exists under the Retail Shop… Read More »How to Resolve a Retail Shop Lease Dispute in Queensland

Is a Director an Employee?

Whether someone is a director or employee within a company is a crucial question but also one without a definitive answer. It’s a distinction that most often arises for small businesses – those enterprises with 15 or less employees. For businesses of that size, certain important exemptions exist under the Fair Work Act in relation… Read More »Is a Director an Employee?

The Difference Between a Power of Attorney and Enduring Guardianship

Enduring Power of Attorney and Enduring Guardianship are both important legal concepts of particular relevance to elderly people who no longer have the capacity to make important financial and lifestyle decisions on their own. It’s important to note that a person can appoint one person as both attorney and guardian if they wish, though often… Read More »The Difference Between a Power of Attorney and Enduring Guardianship

What Do I Do If My Ex-Partner Does Not Comply With Court Orders About Children?

When a relationship that has produced children comes to an end, the ideal situation is that the separating parties can come to a civil, sensible agreement on how their children should be raised, where they live, how much time they spend with each parent and any other aspect of their care, welfare or development. Unfortunately,… Read More »What Do I Do If My Ex-Partner Does Not Comply With Court Orders About Children?

How Do I Get a Divorce?

Divorce is a traumatic event for most people; a recognition that marriage and all it entails has come to an end and that there is no prospect of reconciliation between the couple. To grant a divorce in Australia, the law is not concerned with the causes behind the decision to end the marriage. Under the… Read More »How Do I Get a Divorce?

Been Injured, Considering Compensation? Time May Be Running

There are time limits on taking legal action in many areas of the law, which reflects the fact that justice is better served if a dispute is resolved sooner rather than later. Everything from the quality of evidence to the recollections of witnesses naturally deteriorates over time, making it more difficult to bring and prove… Read More »Been Injured, Considering Compensation? Time May Be Running

If I Have Been Injured in a Car Accident Caused by an Uninsured Driver, Can I Still Make a Compensation Claim?

Most drivers will make an audible groaning sound when they have a road accident involving another car only to discover the other driver is uninsured. Naturally enough there are visions of potential large out-of-pocket expenses to fix the damage to your car. If you’ve been injured in the accident, need time off work and incur… Read More »If I Have Been Injured in a Car Accident Caused by an Uninsured Driver, Can I Still Make a Compensation Claim?

When Do Unfair Dismissal Laws Apply to CEOs?

Since the enactment of the Fair Work Act (‘the Act’) in 2009, it has been widely understood that senior executives such as Chief Executive Officers (CEOs) are generally not able to take advantage of the Act’s unfair dismissal provisions because of the requirement that those bringing such an action fall under a high-income threshold. This… Read More »When Do Unfair Dismissal Laws Apply to CEOs?

Estate Litigation: the Position of Adult Children in Family Provision Applications

While a person’s last will and testament is considered to be an accurate expression of their final wishes, once they have passed it often becomes clear that the beneficiaries of the deceased do not necessarily agree with the fairness of those wishes. Adult children of the deceased, in particular, may believe that the testator (the… Read More »Estate Litigation: the Position of Adult Children in Family Provision Applications

What to Expect at a Family Law Mediation for Property Division

Working out what to do with property assets when a couple decides to separate can be a difficult, stressful process. And it’s not made easier by the cost and inevitable delays involved if you need to go to court to have orders made about how everything should be divided. That’s where mediation offers a compelling… Read More »What to Expect at a Family Law Mediation for Property Division

What Does Adequate Provision Mean in a Family Provision Application?

Even where a person makes a valid will it’s possible that an eligible person brings a family provision application (FPA) to the court for it to change the disposition from the will in his or her favour. Section 41(1) of Queensland’s Succession Act 1981 (Qld) sets out the grounds for an FPA: If a person… Read More »What Does Adequate Provision Mean in a Family Provision Application?

Can an Attorney Sign a Binding Death Nomination on My Behalf?

Central to the important responsibilities bestowed on a trusted person when you create an enduring power of attorney is the making of personal and financial decisions that have the same legal effect as if you’d made those decisions yourself. There had been some uncertainty, however, about whether an attorney’s power included making, renewing or extending… Read More »Can an Attorney Sign a Binding Death Nomination on My Behalf?

What is Vicarious Liability?

When it comes to work, being the boss certainly has some advantages. But there are disadvantages as well. For example, there are certain circumstances in which Queensland employers may be legally responsible for their employees’ actions. The technical term for this is vicarious liability. Keep reading to learn more about how this could affect you.… Read More »What is Vicarious Liability?

What are the Drink Driving Penalties in NSW?

When it comes to drink driving accidents in New South Wales (NSW), the headlines tell the story. Back in November, police arrested a 29-year-old motorist who allegedly crashed into a police car in Sydney. According to published reports, the driver was highly intoxicated when the crash occurred. A 28-year-old motorist was also arrested in connection… Read More »What are the Drink Driving Penalties in NSW?

The NSW Court of Appeal Decision on Pet ByLaws

In this podcast, Dan Toombs talks with Stata Law Expert, David Sachs on the recent Court of Appeal decision that is going to change everything.     TRANSCRIPT David, a pretty significant decision by the Court of Appeal, a very significant decision, and it will have wide-ranging implications for every strata scheme in New South… Read More »The NSW Court of Appeal Decision on Pet ByLaws

What is Grievous Bodily Harm?

  In this podcast, Criminal Lawyer, Daniel Hannay discusses what is grievous body harm and what are the penalties that apply if found guilty of such an offence. TRANSCRIPT Dan If you’ve been charged with Grievous Bodily Harm, sometimes referred to as GBH. It’s likely you have plenty of questions. To answer them, I’m with… Read More »What is Grievous Bodily Harm?

How are Assets Divided in a Divorce in Australia?

In this podcast, Accredited Family Law Specialist, Yvonne Cox discusses how assets are divided in a divorce in Australia. TRANSCRIPT Dan You’re listening to a Harris Lieberman podcast, if you separated or are contemplating separation,  it may well be likely that you’ve heard from someone that when it comes to a property settlement, invariably there… Read More »How are Assets Divided in a Divorce in Australia?

What is a Notice to Comply in Strata Matters?

  In this podcast, Strata Lawyer David Sachs discusses all you need to know about a Notice to Comply in the context of strata matters. TRANSCRIPT Dan When disputes arise in a strata scheme, namely a breach of a bylaw by a resident. How can owners corporations enforce the bylaw? Well, to find out, I’m… Read More »What is a Notice to Comply in Strata Matters?

What You Need to Know About Applying for a Divorce

  In this video, Lawyer, Dakota DeSantis discusses what you need to know about applying for a divorce. TRANSCRIPT Hi, my name is Dakota and I’m a Solicitor here in the Family Law Department and OMB Solicitors, I just wanted to have a quick chat with you today just in relation to how you would… Read More »What You Need to Know About Applying for a Divorce

What Are the Different Types of Mediation?

Imagine a world where everyone could simply agree to disagree. Picture a world where people could resolve disagreements, arguments, or disputes without all the dramas. How different it would be. Among other things, there would probably be no need for lawyers, judges or courts. Accordingly, there would be little need for litigation, arbitration, or even… Read More »What Are the Different Types of Mediation?

What You Need to Know About Superannuation Claims

  In this podcast, Dan Toombs talks with Beilby Poulden Costello Partner and Accredited Personal Injury Law Specialist, Mark Nelson on what you need to know about bringing a superannuation claim in New South Wales. TRANSCRIPT Mark, is there such a thing as a superannuation claim? Thanks, and there certainly is. The key for most… Read More »What You Need to Know About Superannuation Claims

How to Prove Medical Negligence

It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment or surgery. Because the results… Read More »How to Prove Medical Negligence

My Employer Closed, How Do I Get My Entitlements?

These are tough times. There is no doubt about it. Sadly some businesses may not survive them. This is especially true of businesses that were experiencing financial difficulties prior to the coronavirus pandemic. So what happens if your employer closed? How do you get your entitlements? Keep reading to find out. Business liquidation In many… Read More »My Employer Closed, How Do I Get My Entitlements?

What Does a Notice to Complete Mean?

When it comes to real estate transactions in New South Wales, a deal is a deal and time is money. That is why contracts usually include stipulations pertaining to a Notice to Complete. But what does that mean? Keep reading to find out. The basics As a rule, parties engaged in the purchase or sale… Read More »What Does a Notice to Complete Mean?

Do I need to Pay Stamp Duty on a Family Transfer in New South Wales?

There’s not much to be said for making assumptions. It seldom works out well. You may find this true if you act on a common misconception. This is the misconception that you do not have to pay transfer duty (formerly known as stamp duty)on family transfers. Read on to learn more. How does the tax… Read More »Do I need to Pay Stamp Duty on a Family Transfer in New South Wales?

How to Choose an Executor

  Choosing an Executor is one of the most important things you need to do in constructing your Will. In this podcast, Dan Toombs talks with Brad Beasley, Partner at South Geldard Lawyers about how to choose an executor. TRANSCRIPT One of the most important decisions you can make in the context of estate planning… Read More »How to Choose an Executor

What You Need to Know About Buying a Duplex in Queensland

  In this video, Simon Bennett, Partner & Accredited Property Law Specialist discusses the many things that you need to know when buying a duplex in Queensland. TRANSCRIPT I’m Simon Bennett from OMB Solicitors Accredited Property Law Specialist. Today, I wanted to have a chat to you about buying a duplex. A transaction, which seems… Read More »What You Need to Know About Buying a Duplex in Queensland

How a Will Can Be Challenged in Victoria

  In this podcast, Dan Toombs talks with Estate Litigation Lawyer, Ann Eagle everything you need to know if you want to challenge a Will in Victoria. TRANSCRIPT The general rule when making a will is that the testator, that is the person in the will has the right to give his or her property… Read More »How a Will Can Be Challenged in Victoria

Employee or Contractor? What You Need to Know

  In this podcast, Dan Toombs discusses the very topical issue relating to the blurred lines between employees or contractors with Employment Lawyer, David Koschitzke of Harris Lieberman.

Important Strata Updates in New South Wales You Need to Know

In this podcast, Dan Toombs talks with Strata Lawyer, David Sachs about new developments in strata law in New South Wales. TRANSCRIPT In New South Wales, like other states of Australia, strata laws are constantly changing. In recent times, there’s been a few important decisions. And to learn a little bit more about the impact… Read More »Important Strata Updates in New South Wales You Need to Know

John Olsen, Karen Mentink and What We Can Learn from Never-Ending Estate Litigation

The ongoing saga of litigation concerning the famed artist, the late John Olsen has taken another new turn this week with the artist launching another legal action to have his estranged stepdaughter to give him (his estate) the money from the sale of Southern Highlands estate reportedly worth over two million dollars. Where Did this… Read More »John Olsen, Karen Mentink and What We Can Learn from Never-Ending Estate Litigation

De Facto Break-Up Entitlements

Australia’s Family Law Act treats de facto relationships in much the same way as marriage. Since March 2009, the Family Court has had the power to deal with property and maintenance matters when a de facto relationship breaks down, adjusting the property interests of the ex-partners in the same way as it would for aRead More »De Facto Break-Up Entitlements

The Process of Getting a Divorce in Australia?

In a perfect world, there would be no separation or divorce.  As we all know, however, the world is far from perfect. So sadly, divorce is the reality for thousands of Australians. In fact, more than 49,000 Australians got divorced in 2018. For those faced with this reality, the emotions involved can — and often… Read More »The Process of Getting a Divorce in Australia?

I’m Separated, Can I Buy a New Property?

Here’s the thing about splitting up. Even if the reason for your separation was fairly straight forward and you are on decent terms, you may find life is complicated. In most cases this is because you must still make certain decisions about children and the division of property. You may also need to find a… Read More »I’m Separated, Can I Buy a New Property?

How do I find a Will after Someone Dies?

Do you know where your spouse or parent made a Will? If so, do you know where they keep it? Do they keep it in a home safe, or in another location in the house? Perhaps they stashed it somewhere else for “safekeeping.” Have you asked him or her about it? It may not seem… Read More »How do I find a Will after Someone Dies?

Everything You Need to Know about a Granny Flat Agreement

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

Workers’ Compensation for Casual Employees

Nearly three million workers – or about a quarter of the Australian workforce – are employed in a casual capacity. Employing casuals has become increasingly popular for many businesses because it offers them added flexibility and mobility in terms of staff numbers and costs. In addition, casuals are generally not entitled to the same entitlements… Read More »Workers’ Compensation for Casual Employees

What is a De Facto Relationship in Australia?

Relationships in Australia have experienced an ongoing cultural shift in the past few decades. While marriage as an institution has declined in popularity, the 2016 Census found one in six Australians aged 15 or over now lives in a de facto relationship. Despite that development, many people are unaware of the legal status of de… Read More »What is a De Facto Relationship in Australia?

What are my rights as a Beneficiary in a Will or an Estate?

Great news! You have just learned that a relative you never even knew of named you as a beneficiary in his Will. Unfortunately, that is all you have been told. You do not know how much you stand to receive, or when you will get it. Come to think of it, you’re not even sure… Read More »What are my rights as a Beneficiary in a Will or an Estate?

Difference Between Power of Attorney and Enduring Power of Attorney

One very common question asked of lawyers, is what’s the difference between a Power of Attorney and Enduring Guardianship. The answer is partly to do with where you live. Difference Between Power of Attorney and Enduring Power of Attorney A Power of Attorney sometimes referred to as a General Power of Attorney is a legal… Read More »Difference Between Power of Attorney and Enduring Power of Attorney

Insolvency – Everything that Your Business Needs to Know

No business anywhere can ever imagine when starting that one day they would be considering insolvency. For business owners that end up there it can prove bittersweet. The emotional release of all the stress and strain of running a business thats choking, as well as the pain of now actually being in this position. The… Read More »Insolvency – Everything that Your Business Needs to Know

Employee or Contractor – The Definitive Guide

Distinguishing between an employee or subcontractor relationship in your business is a little harder than most think, hence the exponential increase in businesses of all sizes being caught. Not to mention the advent of the gig economy where businesses can be vulnerable to legal action by virtue of the fact that certain categories of workers… Read More »Employee or Contractor – The Definitive Guide

What is Probate?

One of the most commonly asked questions is “what is probate?” What is probate is a question asked by many people who all of a sudden, find themselves dealing with the death of a loved one. Simply put, probate is the official process that seeks to validate the deceased person’s will to enable the executor… Read More »What is Probate?

How To Write A Character Reference For Court

Take Home Message Character references are very important in criminal and traffic law matters regardless of which court the matter is being heard. A well-written character reference can positively influence an outcome. With this in mind, it’s important that you know how to write a character reference for court. Most importantly ensure that the person… Read More »How To Write A Character Reference For Court

Who Gets What in a Property Settlement?

Take Home Message Sadly, relationships breakdown despite the best intentions. No one goes into a marriage thinking that it will fold, but they do about one-third of the time. Consequently, when relationships do break down, the most common question family lawyers are asked is, “who gets what in a property settlement.” Who gets what in… Read More »Who Gets What in a Property Settlement?

Fathers Rights After Separation

In this article, we discuss commonly asked questions relating to a father’s rights after separation. Take-Home Message At Australia Lawyers our family lawyers have helped hundreds of men understand their rights after separation in Australia. Separation is a highly emotional time for all involved. However, in the case of men, many fathers are confused about… Read More »Fathers Rights After Separation

What is Stalking and Intimidation in New South Wales?

  Did you know that in New South Wales a person can be charged with stalking and/or intimidation? Essentially what is required to bring about a charge of stalking and intimidation in New South Wales is that the relevant person stalks or intimidates someone else with the intention of causing that person to fear physical… Read More »What is Stalking and Intimidation in New South Wales?

Will Your Child’s Wish­es be Considered by the Court?

Divorce is an unfortunate reality of the world that we live in. While some manage to navigate the emotional minefield with minimal anguish, most end up embroiled in bitter legal proceedings. While financial concerns are often of great importance when separating, far more important are matters of the heart: children. When making arrangements for children… Read More »Will Your Child’s Wish­es be Considered by the Court?

How to Choose the Right Lawyer for Your Family Law Matter

In popular culture, your wedding day is often portrayed as the single most important day of your life. For many, however, this special day will ultimately lead to divorce. While divorce rates have slightly decreased in Australia, it’s still a prevalent reality of modern life. Though no one assumes that their marriage will be one… Read More »How to Choose the Right Lawyer for Your Family Law Matter

How to Reach a Property Settlement in Family Law

Even if you and your spouse end your marriage on good terms, you’ll have to make certain decisions and try to reach consensus on various issues. One of them is how to divide your property. Legally, this type of agreement is called a property settlement. Here’s what you should know about the different ways in… Read More »How to Reach a Property Settlement in Family Law

Important Things To Consider When Negotiating Your Property Settlement

Whether we like it or not, there are times in life when we have to choose our battles. In other words, we have to decide whether it is worth arguing over the issue at hand. This decision is often a factor when separated or divorced couples try to reach agreements regarding the division of property.… Read More »Important Things To Consider When Negotiating Your Property Settlement

When Will the Court Decline to Make a Property Settlement Order

Whenever a marriage ends, there are some decisions that simply must be made. Unfortunately, hurt feelings, injured pride and resentment can make civil communication difficult, if not impossible. This in turn, makes it hard to agree on important matters, such as the division of property. When you can’t come to an agreement on your own… Read More »When Will the Court Decline to Make a Property Settlement Order

How Separation Will Impact Upon Your Estate Planning

Separation from your partner or spouse is not an easy time for anyone. While there might be a number of other issues at the top of the stress list, it is extremely vital that you prioritise the reviewing and updating of your will. Without doing so, in the unfortunate event that you pass away or… Read More »How Separation Will Impact Upon Your Estate Planning

Estate Planning Documents to Update after a Divorce

If you’ve recently been divorced, it’s highly recommended that you update your estate planning documents to ensure the protection of yourself, your children, the rest of your family and your assets. Some of the issues covered below are important considerations when you and a former partner separate. 1. Creating a new will Assuming that your… Read More »Estate Planning Documents to Update after a Divorce

How Can I Get a Passport For a Child After a Divorce?

When a couple with children gets divorced, there are seemingly endless logistic concerns they need to consider. Living arrangements, custody concerns, childcare payments, schooling, education, and more. However, less common concerns can come up as well, including documentation such as passports. So, how do you go about obtaining a passport for your child after going… Read More »How Can I Get a Passport For a Child After a Divorce?

Relocating with Children After Separation

Divorce is challenging in numerous ways, before, during and also after proceedings, often for much longer than either party ever really expects. Though you may have agreed on custody and child-rearing arrangements, it’s always an ongoing process of determining how to raise children, one where both parents are usually equally invested. Sometimes, however, the difficult… Read More »Relocating with Children After Separation

What You Need to Know About Binding Financial Agreements

The decision in the case of Thorne v Kennedydelivered by the High Court of Australia in November 2017 has far-reaching implications for ‘pre-nups’ or ‘binding financial agreements’ between couples when the relationship breaks down. Details of the case Thorne v Kennedyinvolved agreements between a rich, 67-year-old property developer, Mr Kennedy, and his 36-year-old Eastern European… Read More »What You Need to Know About Binding Financial Agreements

What If My Ex and I Reach an Agreement? What Do We Do Next?

Consent orders Separation is a difficult situation on its own, let alone the added stress of dealing with consent orders on family law matters. Following a separation, if both parties reach agreement on parenting, financial or property arrangements, they can formalise those arrangements and make them legally binding by applying for consent orders from the… Read More »What If My Ex and I Reach an Agreement? What Do We Do Next?

Workers Rights in Australia

The National Employment Standards Since 1 January 2010 the Fair Work Act 2009 (Cth) (the Act) has been in operation. This Act applies to the majority of Australian workplaces and regulates the employer/employee relationship. Contained within this legislation are the National Employment Standards (NES). The NES are the 10 minimum employment entitlements that must be… Read More »Workers Rights in Australia

What is Self Defence?

What is Self Defence? Under Australian Criminal law, self-defence is a complete defence from criminal liability. A person may be exonerated from criminal responsibility for causing injury or even death in defence of his person; or defence of property (in a limited extent), or in defence of another person (normally a relative). Note: Criminal law is primarily… Read More »What is Self Defence?

CPI Adjustments in Contracts

CPI Adjustments, Why Telstra is Suing NBN Co. An agreement signed by Telstra Corp. Ltd. and the National Broadband Network Co. (NBN), has caused quite a stir. But why is Telstra suing NBN? In June 2011 the companies entered into an $11.2 billion contract. The contract gives NBN Co. rental access to Telstra’s communication network… Read More »CPI Adjustments in Contracts

Defect Notices In Victoria

Recent events in Victoria have brought to light the importance of roadworthiness, and some scary statistics in regards to compliance. A surprising  number of vehicles are not roadworthy, are without roadworthy certification, or are defective. In Victoria you are required to obtain a roadworthy inspection for your vehicle under the following circumstances: – If the… Read More »Defect Notices In Victoria

Protest Laws In Qld

Protesting is an essential part of democracy, but it is also important to regulate its occurrence so it doesn’t cause more harm than good. This article explores some of the regulations in place in Queensland and how to conform with them, and should point you in the right direction should you wish to stage a successful protest in Qld.

Contracts In Australia

Contractual arrangements are incredibly commonplace. Such arrangements can vary from purchasing milk at the corner store to the purchasing of large shopping centres, or industrial equipment. When Can We Consider a Contract Valid? The general principles in contract law assume all contracts to be valid, unless proven otherwise. In Australia, the following elements must be… Read More »Contracts In Australia

Naming Laws in Australia

Child Naming Laws in Australia When the royal couple Duke William and Duchess Catherine of Cambridge were expecting their baby, the people all over the world were just as excited as the royal family. Everybody wanted to know whether the baby would be a boy or girl, when it was to be born, and what… Read More »Naming Laws in Australia

Defamation Law In Queensland

What is Defamation? Defamation is the publication of a defamatory matter about an identifiable person. Publication can be oral, in writing or by an image. For a matter to be published it must be communicated to a person other than the person being defamed. A defamatory matter can be any imputation that is likely to… Read More »Defamation Law In Queensland

Applying for a Worker’s License in Queensland

How Do I apply for a Workers License? A work license is also called a restricted license, provisional license, or day license. It is a work permit issued pursuant to Section 87 of the Transport Operations (Road Use Management) Act 1995. The holder of workers license is permitted to drive for work despite the suspension… Read More »Applying for a Worker’s License in Queensland

What is Defamation?

Remember James Ashby. He is the guy who sued the commonwealth, alleging it had failed to provide a safe workplace. He alleged that the now backbencher, Peter Slipper made unwelcome advances towards him and sent him explicit and sexually suggestive text messages. Well, the matter was settled, and Ashby has reportedly walked away with a… Read More »What is Defamation?

What is Grievous Bodily Harm?

  In this podcast, Criminal Lawyer, Daniel Hannay discusses what is grievous body harm and what are the penalties that apply if found guilty of such an offence. TRANSCRIPT Dan If you’ve been charged with Grievous Bodily Harm, sometimes referred to as GBH. It’s likely you have plenty of questions. To answer them, I’m with… Read More »What is Grievous Bodily Harm?

How To Write A Character Reference For Court

Take Home Message Character references are very important in criminal and traffic law matters regardless of which court the matter is being heard. A well-written character reference can positively influence an outcome. With this in mind, it’s important that you know how to write a character reference for court. Most importantly ensure that the person… Read More »How To Write A Character Reference For Court

What is Stalking and Intimidation in New South Wales?

  Did you know that in New South Wales a person can be charged with stalking and/or intimidation? Essentially what is required to bring about a charge of stalking and intimidation in New South Wales is that the relevant person stalks or intimidates someone else with the intention of causing that person to fear physical… Read More »What is Stalking and Intimidation in New South Wales?

What is Self Defence?

What is Self Defence? Under Australian Criminal law, self-defence is a complete defence from criminal liability. A person may be exonerated from criminal responsibility for causing injury or even death in defence of his person; or defence of property (in a limited extent), or in defence of another person (normally a relative). Note: Criminal law is primarily… Read More »What is Self Defence?

Protest Laws In Qld

Protesting is an essential part of democracy, but it is also important to regulate its occurrence so it doesn’t cause more harm than good. This article explores some of the regulations in place in Queensland and how to conform with them, and should point you in the right direction should you wish to stage a successful protest in Qld.

Been Injured, Considering Compensation? Time May Be Running

There are time limits on taking legal action in many areas of the law, which reflects the fact that justice is better served if a dispute is resolved sooner rather than later. Everything from the quality of evidence to the recollections of witnesses naturally deteriorates over time, making it more difficult to bring and prove… Read More »Been Injured, Considering Compensation? Time May Be Running

When Do Unfair Dismissal Laws Apply to CEOs?

Since the enactment of the Fair Work Act (‘the Act’) in 2009, it has been widely understood that senior executives such as Chief Executive Officers (CEOs) are generally not able to take advantage of the Act’s unfair dismissal provisions because of the requirement that those bringing such an action fall under a high-income threshold. This… Read More »When Do Unfair Dismissal Laws Apply to CEOs?

My Employer Closed, How Do I Get My Entitlements?

These are tough times. There is no doubt about it. Sadly some businesses may not survive them. This is especially true of businesses that were experiencing financial difficulties prior to the coronavirus pandemic. So what happens if your employer closed? How do you get your entitlements? Keep reading to find out. Business liquidation In many… Read More »My Employer Closed, How Do I Get My Entitlements?

Employee or Contractor? What You Need to Know

  In this podcast, Dan Toombs discusses the very topical issue relating to the blurred lines between employees or contractors with Employment Lawyer, David Koschitzke of Harris Lieberman.

Employee or Contractor – The Definitive Guide

Distinguishing between an employee or subcontractor relationship in your business is a little harder than most think, hence the exponential increase in businesses of all sizes being caught. Not to mention the advent of the gig economy where businesses can be vulnerable to legal action by virtue of the fact that certain categories of workers… Read More »Employee or Contractor – The Definitive Guide

Workers Rights in Australia

The National Employment Standards Since 1 January 2010 the Fair Work Act 2009 (Cth) (the Act) has been in operation. This Act applies to the majority of Australian workplaces and regulates the employer/employee relationship. Contained within this legislation are the National Employment Standards (NES). The NES are the 10 minimum employment entitlements that must be… Read More »Workers Rights in Australia

How a Will Can Be Challenged in Victoria

  In this podcast, Dan Toombs talks with Estate Litigation Lawyer, Ann Eagle everything you need to know if you want to challenge a Will in Victoria. TRANSCRIPT The general rule when making a will is that the testator, that is the person in the will has the right to give his or her property… Read More »How a Will Can Be Challenged in Victoria

John Olsen, Karen Mentink and What We Can Learn from Never-Ending Estate Litigation

The ongoing saga of litigation concerning the famed artist, the late John Olsen has taken another new turn this week with the artist launching another legal action to have his estranged stepdaughter to give him (his estate) the money from the sale of Southern Highlands estate reportedly worth over two million dollars. Where Did this… Read More »John Olsen, Karen Mentink and What We Can Learn from Never-Ending Estate Litigation

What Do I Do If My Ex-Partner Does Not Comply With Court Orders About Children?

When a relationship that has produced children comes to an end, the ideal situation is that the separating parties can come to a civil, sensible agreement on how their children should be raised, where they live, how much time they spend with each parent and any other aspect of their care, welfare or development. Unfortunately,… Read More »What Do I Do If My Ex-Partner Does Not Comply With Court Orders About Children?

How Do I Get a Divorce?

Divorce is a traumatic event for most people; a recognition that marriage and all it entails has come to an end and that there is no prospect of reconciliation between the couple. To grant a divorce in Australia, the law is not concerned with the causes behind the decision to end the marriage. Under the… Read More »How Do I Get a Divorce?

What to Expect at a Family Law Mediation for Property Division

Working out what to do with property assets when a couple decides to separate can be a difficult, stressful process. And it’s not made easier by the cost and inevitable delays involved if you need to go to court to have orders made about how everything should be divided. That’s where mediation offers a compelling… Read More »What to Expect at a Family Law Mediation for Property Division

How are Assets Divided in a Divorce in Australia?

In this podcast, Accredited Family Law Specialist, Yvonne Cox discusses how assets are divided in a divorce in Australia. TRANSCRIPT Dan You’re listening to a Harris Lieberman podcast, if you separated or are contemplating separation,  it may well be likely that you’ve heard from someone that when it comes to a property settlement, invariably there… Read More »How are Assets Divided in a Divorce in Australia?

What You Need to Know About Applying for a Divorce

  In this video, Lawyer, Dakota DeSantis discusses what you need to know about applying for a divorce. TRANSCRIPT Hi, my name is Dakota and I’m a Solicitor here in the Family Law Department and OMB Solicitors, I just wanted to have a quick chat with you today just in relation to how you would… Read More »What You Need to Know About Applying for a Divorce

What Are the Different Types of Mediation?

Imagine a world where everyone could simply agree to disagree. Picture a world where people could resolve disagreements, arguments, or disputes without all the dramas. How different it would be. Among other things, there would probably be no need for lawyers, judges or courts. Accordingly, there would be little need for litigation, arbitration, or even… Read More »What Are the Different Types of Mediation?

De Facto Break-Up Entitlements

Australia’s Family Law Act treats de facto relationships in much the same way as marriage. Since March 2009, the Family Court has had the power to deal with property and maintenance matters when a de facto relationship breaks down, adjusting the property interests of the ex-partners in the same way as it would for aRead More »De Facto Break-Up Entitlements

The Process of Getting a Divorce in Australia?

In a perfect world, there would be no separation or divorce.  As we all know, however, the world is far from perfect. So sadly, divorce is the reality for thousands of Australians. In fact, more than 49,000 Australians got divorced in 2018. For those faced with this reality, the emotions involved can — and often… Read More »The Process of Getting a Divorce in Australia?

I’m Separated, Can I Buy a New Property?

Here’s the thing about splitting up. Even if the reason for your separation was fairly straight forward and you are on decent terms, you may find life is complicated. In most cases this is because you must still make certain decisions about children and the division of property. You may also need to find a… Read More »I’m Separated, Can I Buy a New Property?

What is a De Facto Relationship in Australia?

Relationships in Australia have experienced an ongoing cultural shift in the past few decades. While marriage as an institution has declined in popularity, the 2016 Census found one in six Australians aged 15 or over now lives in a de facto relationship. Despite that development, many people are unaware of the legal status of de… Read More »What is a De Facto Relationship in Australia?

Who Gets What in a Property Settlement?

Take Home Message Sadly, relationships breakdown despite the best intentions. No one goes into a marriage thinking that it will fold, but they do about one-third of the time. Consequently, when relationships do break down, the most common question family lawyers are asked is, “who gets what in a property settlement.” Who gets what in… Read More »Who Gets What in a Property Settlement?

Fathers Rights After Separation

In this article, we discuss commonly asked questions relating to a father’s rights after separation. Take-Home Message At Australia Lawyers our family lawyers have helped hundreds of men understand their rights after separation in Australia. Separation is a highly emotional time for all involved. However, in the case of men, many fathers are confused about… Read More »Fathers Rights After Separation

Will Your Child’s Wish­es be Considered by the Court?

Divorce is an unfortunate reality of the world that we live in. While some manage to navigate the emotional minefield with minimal anguish, most end up embroiled in bitter legal proceedings. While financial concerns are often of great importance when separating, far more important are matters of the heart: children. When making arrangements for children… Read More »Will Your Child’s Wish­es be Considered by the Court?

How to Choose the Right Lawyer for Your Family Law Matter

In popular culture, your wedding day is often portrayed as the single most important day of your life. For many, however, this special day will ultimately lead to divorce. While divorce rates have slightly decreased in Australia, it’s still a prevalent reality of modern life. Though no one assumes that their marriage will be one… Read More »How to Choose the Right Lawyer for Your Family Law Matter

How to Reach a Property Settlement in Family Law

Even if you and your spouse end your marriage on good terms, you’ll have to make certain decisions and try to reach consensus on various issues. One of them is how to divide your property. Legally, this type of agreement is called a property settlement. Here’s what you should know about the different ways in… Read More »How to Reach a Property Settlement in Family Law

Important Things To Consider When Negotiating Your Property Settlement

Whether we like it or not, there are times in life when we have to choose our battles. In other words, we have to decide whether it is worth arguing over the issue at hand. This decision is often a factor when separated or divorced couples try to reach agreements regarding the division of property.… Read More »Important Things To Consider When Negotiating Your Property Settlement

When Will the Court Decline to Make a Property Settlement Order

Whenever a marriage ends, there are some decisions that simply must be made. Unfortunately, hurt feelings, injured pride and resentment can make civil communication difficult, if not impossible. This in turn, makes it hard to agree on important matters, such as the division of property. When you can’t come to an agreement on your own… Read More »When Will the Court Decline to Make a Property Settlement Order

How Separation Will Impact Upon Your Estate Planning

Separation from your partner or spouse is not an easy time for anyone. While there might be a number of other issues at the top of the stress list, it is extremely vital that you prioritise the reviewing and updating of your will. Without doing so, in the unfortunate event that you pass away or… Read More »How Separation Will Impact Upon Your Estate Planning

Estate Planning Documents to Update after a Divorce

If you’ve recently been divorced, it’s highly recommended that you update your estate planning documents to ensure the protection of yourself, your children, the rest of your family and your assets. Some of the issues covered below are important considerations when you and a former partner separate. 1. Creating a new will Assuming that your… Read More »Estate Planning Documents to Update after a Divorce

How Can I Get a Passport For a Child After a Divorce?

When a couple with children gets divorced, there are seemingly endless logistic concerns they need to consider. Living arrangements, custody concerns, childcare payments, schooling, education, and more. However, less common concerns can come up as well, including documentation such as passports. So, how do you go about obtaining a passport for your child after going… Read More »How Can I Get a Passport For a Child After a Divorce?

Relocating with Children After Separation

Divorce is challenging in numerous ways, before, during and also after proceedings, often for much longer than either party ever really expects. Though you may have agreed on custody and child-rearing arrangements, it’s always an ongoing process of determining how to raise children, one where both parents are usually equally invested. Sometimes, however, the difficult… Read More »Relocating with Children After Separation

What You Need to Know About Binding Financial Agreements

The decision in the case of Thorne v Kennedydelivered by the High Court of Australia in November 2017 has far-reaching implications for ‘pre-nups’ or ‘binding financial agreements’ between couples when the relationship breaks down. Details of the case Thorne v Kennedyinvolved agreements between a rich, 67-year-old property developer, Mr Kennedy, and his 36-year-old Eastern European… Read More »What You Need to Know About Binding Financial Agreements

What If My Ex and I Reach an Agreement? What Do We Do Next?

Consent orders Separation is a difficult situation on its own, let alone the added stress of dealing with consent orders on family law matters. Following a separation, if both parties reach agreement on parenting, financial or property arrangements, they can formalise those arrangements and make them legally binding by applying for consent orders from the… Read More »What If My Ex and I Reach an Agreement? What Do We Do Next?

Insolvency – Everything that Your Business Needs to Know

No business anywhere can ever imagine when starting that one day they would be considering insolvency. For business owners that end up there it can prove bittersweet. The emotional release of all the stress and strain of running a business thats choking, as well as the pain of now actually being in this position. The… Read More »Insolvency – Everything that Your Business Needs to Know

What Are the Different Types of Mediation?

Imagine a world where everyone could simply agree to disagree. Picture a world where people could resolve disagreements, arguments, or disputes without all the dramas. How different it would be. Among other things, there would probably be no need for lawyers, judges or courts. Accordingly, there would be little need for litigation, arbitration, or even… Read More »What Are the Different Types of Mediation?

How to Prove Medical Negligence

It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment or surgery. Because the results… Read More »How to Prove Medical Negligence

If I Have Been Injured in a Car Accident Caused by an Uninsured Driver, Can I Still Make a Compensation Claim?

Most drivers will make an audible groaning sound when they have a road accident involving another car only to discover the other driver is uninsured. Naturally enough there are visions of potential large out-of-pocket expenses to fix the damage to your car. If you’ve been injured in the accident, need time off work and incur… Read More »If I Have Been Injured in a Car Accident Caused by an Uninsured Driver, Can I Still Make a Compensation Claim?

What is Vicarious Liability?

When it comes to work, being the boss certainly has some advantages. But there are disadvantages as well. For example, there are certain circumstances in which Queensland employers may be legally responsible for their employees’ actions. The technical term for this is vicarious liability. Keep reading to learn more about how this could affect you.… Read More »What is Vicarious Liability?

What You Need to Know About Superannuation Claims

  In this podcast, Dan Toombs talks with Beilby Poulden Costello Partner and Accredited Personal Injury Law Specialist, Mark Nelson on what you need to know about bringing a superannuation claim in New South Wales. TRANSCRIPT Mark, is there such a thing as a superannuation claim? Thanks, and there certainly is. The key for most… Read More »What You Need to Know About Superannuation Claims

How to Prove Medical Negligence

It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment or surgery. Because the results… Read More »How to Prove Medical Negligence

Workers’ Compensation for Casual Employees

Nearly three million workers – or about a quarter of the Australian workforce – are employed in a casual capacity. Employing casuals has become increasingly popular for many businesses because it offers them added flexibility and mobility in terms of staff numbers and costs. In addition, casuals are generally not entitled to the same entitlements… Read More »Workers’ Compensation for Casual Employees

What is Defamation?

Remember James Ashby. He is the guy who sued the commonwealth, alleging it had failed to provide a safe workplace. He alleged that the now backbencher, Peter Slipper made unwelcome advances towards him and sent him explicit and sexually suggestive text messages. Well, the matter was settled, and Ashby has reportedly walked away with a… Read More »What is Defamation?

What is Grievous Bodily Harm?

  In this podcast, Criminal Lawyer, Daniel Hannay discusses what is grievous body harm and what are the penalties that apply if found guilty of such an offence. TRANSCRIPT Dan If you’ve been charged with Grievous Bodily Harm, sometimes referred to as GBH. It’s likely you have plenty of questions. To answer them, I’m with… Read More »What is Grievous Bodily Harm?

How are Assets Divided in a Divorce in Australia?

In this podcast, Accredited Family Law Specialist, Yvonne Cox discusses how assets are divided in a divorce in Australia. TRANSCRIPT Dan You’re listening to a Harris Lieberman podcast, if you separated or are contemplating separation,  it may well be likely that you’ve heard from someone that when it comes to a property settlement, invariably there… Read More »How are Assets Divided in a Divorce in Australia?

What is a Notice to Comply in Strata Matters?

  In this podcast, Strata Lawyer David Sachs discusses all you need to know about a Notice to Comply in the context of strata matters. TRANSCRIPT Dan When disputes arise in a strata scheme, namely a breach of a bylaw by a resident. How can owners corporations enforce the bylaw? Well, to find out, I’m… Read More »What is a Notice to Comply in Strata Matters?

What You Need to Know About Superannuation Claims

  In this podcast, Dan Toombs talks with Beilby Poulden Costello Partner and Accredited Personal Injury Law Specialist, Mark Nelson on what you need to know about bringing a superannuation claim in New South Wales. TRANSCRIPT Mark, is there such a thing as a superannuation claim? Thanks, and there certainly is. The key for most… Read More »What You Need to Know About Superannuation Claims

How to Prove Medical Negligence

It’s a pretty safe bet that when most of us go to the doctor or hospital, we do so expecting to get better. Unfortunately, we don’t always get what we want. Sometimes there is no cure for what ails us. Sometimes something goes wrong. It can happen during diagnosis, treatment or surgery. Because the results… Read More »How to Prove Medical Negligence

How to Choose an Executor

  Choosing an Executor is one of the most important things you need to do in constructing your Will. In this podcast, Dan Toombs talks with Brad Beasley, Partner at South Geldard Lawyers about how to choose an executor. TRANSCRIPT One of the most important decisions you can make in the context of estate planning… Read More »How to Choose an Executor

How a Will Can Be Challenged in Victoria

  In this podcast, Dan Toombs talks with Estate Litigation Lawyer, Ann Eagle everything you need to know if you want to challenge a Will in Victoria. TRANSCRIPT The general rule when making a will is that the testator, that is the person in the will has the right to give his or her property… Read More »How a Will Can Be Challenged in Victoria

Employee or Contractor? What You Need to Know

  In this podcast, Dan Toombs discusses the very topical issue relating to the blurred lines between employees or contractors with Employment Lawyer, David Koschitzke of Harris Lieberman.

Important Strata Updates in New South Wales You Need to Know

In this podcast, Dan Toombs talks with Strata Lawyer, David Sachs about new developments in strata law in New South Wales. TRANSCRIPT In New South Wales, like other states of Australia, strata laws are constantly changing. In recent times, there’s been a few important decisions. And to learn a little bit more about the impact… Read More »Important Strata Updates in New South Wales You Need to Know

What You Need to Know About Selling Rural Land

Rural property brings with it unique considerations whether you’re a seller or a buyer. Water rights, road access, chattels such as tools and machinery, environmental restrictions, mining exploration licences, Crown leases and much more are all part of the proposition when it comes to buying and selling rural land. The list of potential issues that… Read More »What You Need to Know About Selling Rural Land

What Does a Notice to Complete Mean?

When it comes to real estate transactions in New South Wales, a deal is a deal and time is money. That is why contracts usually include stipulations pertaining to a Notice to Complete. But what does that mean? Keep reading to find out. The basics As a rule, parties engaged in the purchase or sale… Read More »What Does a Notice to Complete Mean?

Do I need to Pay Stamp Duty on a Family Transfer in New South Wales?

There’s not much to be said for making assumptions. It seldom works out well. You may find this true if you act on a common misconception. This is the misconception that you do not have to pay transfer duty (formerly known as stamp duty)on family transfers. Read on to learn more. How does the tax… Read More »Do I need to Pay Stamp Duty on a Family Transfer in New South Wales?

What You Need to Know About Buying a Duplex in Queensland

  In this video, Simon Bennett, Partner & Accredited Property Law Specialist discusses the many things that you need to know when buying a duplex in Queensland. TRANSCRIPT I’m Simon Bennett from OMB Solicitors Accredited Property Law Specialist. Today, I wanted to have a chat to you about buying a duplex. A transaction, which seems… Read More »What You Need to Know About Buying a Duplex in Queensland

Everything You Need to Know about a Granny Flat Agreement

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

Everything You Need to Know about a Granny Flat Agreement

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

The NSW Court of Appeal Decision on Pet ByLaws

In this podcast, Dan Toombs talks with Stata Law Expert, David Sachs on the recent Court of Appeal decision that is going to change everything.     TRANSCRIPT David, a pretty significant decision by the Court of Appeal, a very significant decision, and it will have wide-ranging implications for every strata scheme in New South… Read More »The NSW Court of Appeal Decision on Pet ByLaws

What is a Notice to Comply in Strata Matters?

  In this podcast, Strata Lawyer David Sachs discusses all you need to know about a Notice to Comply in the context of strata matters. TRANSCRIPT Dan When disputes arise in a strata scheme, namely a breach of a bylaw by a resident. How can owners corporations enforce the bylaw? Well, to find out, I’m… Read More »What is a Notice to Comply in Strata Matters?

Important Strata Updates in New South Wales You Need to Know

In this podcast, Dan Toombs talks with Strata Lawyer, David Sachs about new developments in strata law in New South Wales. TRANSCRIPT In New South Wales, like other states of Australia, strata laws are constantly changing. In recent times, there’s been a few important decisions. And to learn a little bit more about the impact… Read More »Important Strata Updates in New South Wales You Need to Know

What are the Drink Driving Penalties in NSW?

When it comes to drink driving accidents in New South Wales (NSW), the headlines tell the story. Back in November, police arrested a 29-year-old motorist who allegedly crashed into a police car in Sydney. According to published reports, the driver was highly intoxicated when the crash occurred. A 28-year-old motorist was also arrested in connection… Read More »What are the Drink Driving Penalties in NSW?

Defect Notices In Victoria

Recent events in Victoria have brought to light the importance of roadworthiness, and some scary statistics in regards to compliance. A surprising  number of vehicles are not roadworthy, are without roadworthy certification, or are defective. In Victoria you are required to obtain a roadworthy inspection for your vehicle under the following circumstances: – If the… Read More »Defect Notices In Victoria

Applying for a Worker’s License in Queensland

How Do I apply for a Workers License? A work license is also called a restricted license, provisional license, or day license. It is a work permit issued pursuant to Section 87 of the Transport Operations (Road Use Management) Act 1995. The holder of workers license is permitted to drive for work despite the suspension… Read More »Applying for a Worker’s License in Queensland

What You Need to Know About Buying a Duplex in Queensland

  In this video, Simon Bennett, Partner & Accredited Property Law Specialist discusses the many things that you need to know when buying a duplex in Queensland. TRANSCRIPT I’m Simon Bennett from OMB Solicitors Accredited Property Law Specialist. Today, I wanted to have a chat to you about buying a duplex. A transaction, which seems… Read More »What You Need to Know About Buying a Duplex in Queensland

The Difference Between a Power of Attorney and Enduring Guardianship

Enduring Power of Attorney and Enduring Guardianship are both important legal concepts of particular relevance to elderly people who no longer have the capacity to make important financial and lifestyle decisions on their own. It’s important to note that a person can appoint one person as both attorney and guardian if they wish, though often… Read More »The Difference Between a Power of Attorney and Enduring Guardianship

Estate Litigation: the Position of Adult Children in Family Provision Applications

While a person’s last will and testament is considered to be an accurate expression of their final wishes, once they have passed it often becomes clear that the beneficiaries of the deceased do not necessarily agree with the fairness of those wishes. Adult children of the deceased, in particular, may believe that the testator (the… Read More »Estate Litigation: the Position of Adult Children in Family Provision Applications

What Does Adequate Provision Mean in a Family Provision Application?

Even where a person makes a valid will it’s possible that an eligible person brings a family provision application (FPA) to the court for it to change the disposition from the will in his or her favour. Section 41(1) of Queensland’s Succession Act 1981 (Qld) sets out the grounds for an FPA: If a person… Read More »What Does Adequate Provision Mean in a Family Provision Application?

Can an Attorney Sign a Binding Death Nomination on My Behalf?

Central to the important responsibilities bestowed on a trusted person when you create an enduring power of attorney is the making of personal and financial decisions that have the same legal effect as if you’d made those decisions yourself. There had been some uncertainty, however, about whether an attorney’s power included making, renewing or extending… Read More »Can an Attorney Sign a Binding Death Nomination on My Behalf?

How to Choose an Executor

  Choosing an Executor is one of the most important things you need to do in constructing your Will. In this podcast, Dan Toombs talks with Brad Beasley, Partner at South Geldard Lawyers about how to choose an executor. TRANSCRIPT One of the most important decisions you can make in the context of estate planning… Read More »How to Choose an Executor

How do I find a Will after Someone Dies?

Do you know where your spouse or parent made a Will? If so, do you know where they keep it? Do they keep it in a home safe, or in another location in the house? Perhaps they stashed it somewhere else for “safekeeping.” Have you asked him or her about it? It may not seem… Read More »How do I find a Will after Someone Dies?

Everything You Need to Know about a Granny Flat Agreement

In these unprecedented times, there is a renewed emphasis on family. People once again realize the importance of caring for their loved ones, especially older relatives. For many adult children, a granny flat agreement may now seem like the perfect way to ensure their ageing parents have a safe place to live. But there has… Read More »Everything You Need to Know about a Granny Flat Agreement

What are my rights as a Beneficiary in a Will or an Estate?

Great news! You have just learned that a relative you never even knew of named you as a beneficiary in his Will. Unfortunately, that is all you have been told. You do not know how much you stand to receive, or when you will get it. Come to think of it, you’re not even sure… Read More »What are my rights as a Beneficiary in a Will or an Estate?

Difference Between Power of Attorney and Enduring Power of Attorney

One very common question asked of lawyers, is what’s the difference between a Power of Attorney and Enduring Guardianship. The answer is partly to do with where you live. Difference Between Power of Attorney and Enduring Power of Attorney A Power of Attorney sometimes referred to as a General Power of Attorney is a legal… Read More »Difference Between Power of Attorney and Enduring Power of Attorney

What is Probate?

One of the most commonly asked questions is “what is probate?” What is probate is a question asked by many people who all of a sudden, find themselves dealing with the death of a loved one. Simply put, probate is the official process that seeks to validate the deceased person’s will to enable the executor… Read More »What is Probate?

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