How can a Willmaker protect their wishes if their capacity is in question?
This article follows our previous article on the topic: How is testamentary capacity determined when making a Will In our previous article we discussed how testamentary capacity is determined...
Read MoreHow Formalising Your Property Settlement Can Save You Thousands Through Stamp Duty Exemptions
A stamp duty exemption applies post separation to a transfer or sale of matrimonial property if the property is transferred or to one of the parties to the marriage...
Read MoreThe laws relating to AVOs will change on 3 December 2016
Changes to the NSW Crimes (Domestic and Personal Violence) Act will commence on 3 December that will change the test for granting Apprehended Domestic Violence Orders (ADVOs). Previously, the court required proof that...
Read MoreMisconception about workers’ rights to make a “journey claim”
In June 2012 the O’Farrell government made significant changes to the New South Wales workers compensation regime. It was widely reported that workers had lost the right to bring...
Read MoreCapital Gains Tax and Family Law Property Settlements
If you separate and you are considering retaining assets that if sold would result in a Capital Gains Taxation (“CGT”) liability or if you are selling an asset at...
Read MoreWhat if you separate and one person refuses to move out?
It is difficult enough when, for whatever reason, a couple separates. It is an even worse situation when one person refuses to move out of the home. It might...
Read MoreIf I move out, does my ex get to keep the house?
When a marriage unfortunately breaks down, in most situations it is necessary for one of the parties to find somewhere else to live. Most of us are not lucky...
Read MoreAn important ruling regarding a de facto spouse and superannuation death benefits
On the 22nd of April 2011, Ms Redfearn passed away as a consequence of an attempted suicide 2 days prior. The deceased’s mother, Mrs Ievers, was then appointed as...
Read MoreRecording your ex at changeover
Recording your ex at changeover and the legal implications that flow from covert recording If you wanted to provide evidence of a family member mistreating you or your child,...
Read MoreWhat happens to superannuation after a couple separates?
Under the Family Law Act superannuation splitting laws enable couples to split their superannuation interests (transfer superannuation from one spouses fund to the other spouse’s fund) in family law property settlements following a...
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