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It goes almost without saying that every adult should have in place an up to date formal Will as well as an Enduring Power of Attorney and an Enduring Appointment of Guardianship. The Will operates after death to ensure that the wishes of the person are followed regarding assets. The Power of Attorney and the Guardianship documents operate during the life of the person to [...]
It is well known that an owners corporation is responsible for repairing and maintaining its common property in strata lots. If they fail to do so, a lot owner has the right to bring a claim for damages arising from any reasonably foreseeable loss that occurs as a result (such as loss in rental income). It is important that lot owners are aware of the [...]
The Family Law Amendment Act 2023 (Cth), assented to on 6 November 2023, brings significant changes to the law in relation to parenting and the way in which the Federal Circuit and Family Court of Australia (the Court) will determine parenting disputes. Most of the changes to the law will apply from 6 May 2024. The government says it is aimed at making ‘Australia’s family [...]
What is a building inspection report and what role does it play in the purchase/sale of property? A building Inspection report details the property's condition and identifies any issues that are found by the inspector at the time of inspection like defects or problems such as rising damp, safety hazards or cracking and movement in the walls. It is important to obtain a building inspection [...]
The complexity of the definition of consent in sexual assault cases has been an ongoing discussion within communities and the legal system. On 1 June 2022, the NSW Parliament established changes to the definition of 'consent' via the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, introducing the new 'affirmative' consent laws. What is the definition of consent? 'A person consents to a sexual [...]
Drug possession and supply offences are dealt with in the Local and District Court. Depending on the type of drug and the quantity, the offence will be categorised as a possession offence or a supply offence. The penalty is also dependent on the type of drug and the quantity. What Is Drug Possession? Possession of prohibited drug is an offence under Section 10 of the [...]
So, you've organized your estate planning documents… what's next? Making sure that at all times your documents remain up to date- this will ensure that your wishes are reflected and you estate is administered as you intend. It is recommended that you review these documents every 2 to 3 years or where there are changes to your circumstances or the circumstances of your beneficiaries. The [...]
Most of us can agree that there is nothing worse than being rudely awoken by construction in the early hours of the morning, or even hearing the neighbours try and do some “quiet” renovations in the middle of the night. Thankfully there are legal avenues available to counter consistent, and persistent nuisances that interfere with your quiet enjoyment. What is an Offensive Noise or a [...]
Often times we have clients who come to us, who have exceptional circumstances where it is evident they are suffering from some mental health issues. If you have been charged with a crime and were suffering from a mental or cognitive impairment at the time, there are good prospects for your matter to be dealt with under the Mental Health and Cognitive Impairment Act 2020, [...]
Many of us are aware of a two unique company characteristics, their separate legal persons status and their limited liability. However, there are situations where the court will “lift the corporate veil”, which in turn, holds a director personally liable for breaches of their duties and obligations under the Corporation Act 2001 (Cth). This lifting commonly occurs where a company continues to trade even though [...]
