TITLE INSURANCE IS A MUST: our number 1 recommendation to all parties entering into a conveyancing transaction

Title Insurance Coverage Title insurance is a crucial yet often overlooked aspect of real estate transactions. While the purchase of property can be an exciting venture, it can come with hidden risks that might not be immediately apparent when inspecting a potential property.  Title insurance serves as a protective shield for purchasers in a conveyancing …

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Why you should have a Testamentary Trust Will

Testamentary Trust Wills Testamentary Trust Wills are an uncommonly known instrument that are available to anyone who is minded to bolster the likelihood of their final wishes being carried out. A Testamentary Trust Will operates in conjunction with your Will in providing your executor(s) with added safeguards and flexibility to carry out your final wishes …

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Know your rights – who can contest Wills and Estates

In considering whether to contest a Will, you need to obtain sound advice on the types of claims available to you in Victoria.  They can include undue indue influence, lack of capacity, lack of provision or breach of trust. There are generally two grounds to contesting Wills and Estates: The Will does not properly reflect …

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Factors considered in family law property settlements

When a marriage or a de facto relationship breaks down, the Family Court of Australia and Federal Circuit Court of Australia adopt the following steps to determine an appropriate property settlement: Step 1: The first step is to determine the asset pool available for distribution between the parties. This step involves identifying and valuing the …

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Owners Corporations – Airbnb

The relevant legislation governing Owners Corporations is the Owners Corporation Act 2006. As a general rule, an Owners Corporations’ role is to manage the common property accessible by lot owners.  However, this power does not extend to infringe on a lot owner’s right to deal with their own property, including the right to rent it …

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Letter of demand: when should they be used

LETTER OF DEMAND A letter of demand is an important step in setting out your view of a contract which you say has been contravene or in the debt recovery process.  Drafting a well crafted and concise letter of demand is important in improving its effectiveness and they are often deployed when a debtor has failed …

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Landlords, Tenants and Airbnb

Are you a landlord, tenant or lot owner subject to an Owners Corporation (formerly known as a ‘Body Corporate’)? If so, it is important that you know your rights and obligations regarding the short-term letting of tenants.  In other words, how can Airbnb – and other similar services – impact you? The relevant legislation in …

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What Employers Should Know About Unfair Dismissal Claims

  It is important for an employer to know their rights when faced with an unfair dismissal claim. What is an unfair dismissal claim?  Unfair dismissal if defined as the dismissal of an employee from their job in a harsh, unjust or unreasonable manner. If an employee makes an application to the Fair Work Commission, the …

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FOOD SECTOR LAW BULLETIN 2

MISUSE OF MINISTER’S POWER TO BAN EXPORTS The Department of Agriculture, Water and Environment controls the export of prescribed goods such as dairy products, eggs, fish, live animals, meat and poultry. The minister responsible for the export of such products is the Minister for Agriculture. Under the Export Control Act 1982 (Cth), the Minister for …

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