About WMD Law

This author has not yet filled in any details.
So far WMD Law has created 152 blog entries.

Abuse of Powers of Attorney

By |July 20th, 2022|ESTATE LAW|

We usually recommend that our clients consider appointing another person to act as their attorney, pursuant to an Enduring Power of Attorney document, in case they become unable to manage their own affairs through lack of capacity or sudden illness or injury.  The use of these Powers of Attorney is generally in accordance with the obligations cast upon the attorney by the appointment but, occasionally, [...]

Apprehended Violence Orders – what you need to know

By |June 16th, 2022|CRIMINAL LAW|

Being named as a defendant in an Apprehended Violence Order (AVO) application can be extremely daunting. Orders can be made for the protection of a person in a domestic relationship, an Apprehended Domestic Violence Order (ADVO) or for the protection of a person who is outside of a domestic relationship, Apprehended Personal Violence Orders (APVO). An application for an AVO can be made by a [...]

Why you need legal advice before being guarantor for a family member or friend’s loan

By |June 16th, 2022|FAMILY LAW|

If you are planning on assisting a family member or friend to obtain a loan by offering your own property as security for the loan – also known as being a guarantor – the bank/lender will usually require you to obtain independent legal advice first, so that the Bank can be assured you are fully aware of your rights and obligations. Being guarantor for someone [...]

Negotiating your employment contract

By |May 15th, 2022|NEWS|

Starting a new job can be an exciting yet stressful time. When it comes to signing an employment contract, many people are hesitant to bargain with their potential employer or ask for contract amendments over fears of putting the employer offside.  However, it is important to know your value as a potential employee, including what you may bring to a team and the level of [...]

Revenue NSW is auditing Discretionary Trusts

By |May 13th, 2022|LEGAL NEWS|

In 2019, the NSW Government enacted changes to duty and land tax laws in NSW being the State Revenue Legislation Further Amendment Act 2020 (NSW) (the Act).  The Act had significant implications for discretionary trusts. In particular, the changes resulted in an assumption being applied that the trustee of a discretionary trusts is a foreign person and therefore any real property that is owned by [...]

CONTRACT IS KEY – High Court emphasises the importance of a written contract in employee vs contractor distinction

By |April 8th, 2022|COMMERCIAL LAW, LEGAL NEWS|

The High Court of Australia has recently handed down decisions that emphasises the importance of a written contract in the employment or contractor relationship. On 9 February 2022, the High Court handed down two landmark decisions, Construction, Forestry, Maritime, Mining and Energy union v Personnel Contracting Pty Ltd [2022] and ZG Operations Australia Pty Ltd v Jamsek [2022].  These decisions clarify the distinction between an [...]

International Child Abduction – Have you heard of the “Hague Convention?”

By |April 7th, 2022|FAMILY LAW|

With the reopening of Australia's international travel borders comes an increased risk that one parent will take their children overseas without the other parent's consent. Warring parents with links to, or extended families in other countries might be tempted to take their children out of Australia away from their former partner.  But, as the Family Court has noted 'Child abduction, as between separate and conflicted [...]

The laws surrounding Posthumous IVF Conception

By |March 16th, 2022|ESTATE LAW|

So you and your partner have decided that you would like to have children together. But what if one of you dies before you conceive? This is not a question that many couples trying to conceive ask themselves. Although not a common event, the questions surrounding posthumous in vitro fertilisation bear thinking about. Posthumous conception involves the conception of a child after one or more [...]

Electronic signatures here to stay following new federal Bill

By |March 16th, 2022|COMMERCIAL LAW, LEGAL NEWS, NEWS|

Formal deeds and contracts have been executed by companies using electronic means rather than traditional handwritten signatures following the Covid-19 lockdown restrictions which have prevented in-person conferences.  The ability to sign documents electronically was initially a temporary solution to lockdown restrictions and was due to expire on 1 April 2022. However, businesses have keenly embraced the newfound convenience and efficiency of signing documents electronically. To [...]

Providing financial assistance to family members or friends

By |February 23rd, 2022|ESTATE LAW, FAMILY LAW|

The concept of the “Bank of Mum and Dad” is one that has been frequently aired in the mainstream media in recent years.  The practice of obtaining financial assistance from parents or relatives has assumed prominence because of the rapidly rising prices of real estate in Australia and a community perception that, without such assistance, younger people may be unable to secure a foothold in [...]

Go to Top