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The Child Support Agency (CSA) has the power to prevent a person who has failed to pay their child support liabilities from leaving Australia. A Departure Prohibition Order (DPO) will be made to stop a person from departing from Australia for a foreign country if: (a) the person has a child support liability; (b) the person has not made arrangements satisfactory to the Registrar for [...]
Estate planning and considering what will happen after you die or become incapacitated can be a difficult subject to address. However, many people find it comforting to know that should the worst happen, their wishes will legally be implemented. Planning your estate involves preparing documents that contain directions about how you want your assets to be divided up when you die (a Will), directions regarding [...]
In order to obtain a divorce, you generally need to satisfy the Court that your ex-partner and you have lived separately and apart for at least 12 months. However, you may separate and continue to live in the same house as your ex-partner, being "separated under one roof". In those circumstances you need to provide additional information to the Court. If you are filing an [...]
Before a person provides services to another, they will often give a quote estimating or fixing a price for the services. Caution is required when using the term 'quote' because it may be construed as an offer by one party which, if accepted by the other, would create a binding contract between them. In Megalift v Terminals [2009] NSWSC 324, the Supreme Court of NSW [...]
Buying a business can be a daunting prospect. With a variety of factors to consider and numerous risks to weigh up, the processes involved in buying a business in NSW can be confusing. As a prospective buyer, when looking at a business listed for sale, there are some important factors to consider: (a) the details of the Sale Agreement (including protection / restraint clauses, the [...]
When trying to work out what arrangements should be put in place for your child following separation, thought should be given to where the child will primarily live and when, where and how that child will spend time with the other parent during the week, on weekends, during school holidays and on special occasions such as birthdays, Christmas, Mother's Day and Father's Day. Consideration should [...]
In one recent case, a company director came under scrutiny after he failed to correctly arrange signatures for the purchase of property on behalf of De Chellis Homes Pty Ltd. The contract execution page for the purchaser (De Chellis Home Pty Ltd) was marked “in accordance with section 127 (1) of the Corporations Act 2001” whereby it is necessary for two or more directors and [...]
Connecting Australian Businesses. Book a table and present your goods or services to all attendees during Australia's Largest Networking Event. A perfect opportunity to showcase your business to a wide variety of businesses and business people. Register online www.australiaslargestnetworkingevent.com
New Home Building Laws in NSW - What you need to know January 2015 saw changes in NSW law that govern the building of new homes, unlicensed construction work and small construction projects. In an effort to address issues with unscrupulous builders, it seems that some new problems may have been created. Here we discuss these changes and the potential traps for builders and homeowners. [...]
Here are some samples of standard clauses that should be included in all contracts. It is recommended that for any contract of significant value or importance, legal advice be sought. Governing law and jurisdiction "This Agreement is governed by the laws of New South Wales." "The parties submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to any proceedings in [...]
