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So far WMD Law has created 65 blog entries.

The Family Law Amendment Act 2023

By |2024-02-14T01:20:30+00:00February 14th, 2024|FAMILY LAW|

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 [...]

The importance of independent building inspection reports for purchasers

By |2024-01-17T02:47:07+00:00January 17th, 2024|PROPERTY LAW|

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 [...]

Reform of Sexual Consent Laws in NSW

By |2024-10-31T03:57:46+00:00January 17th, 2024|COMMERCIAL LAW|

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 in the Local and District Court

By |2023-12-12T00:51:09+00:00December 12th, 2023|CRIMINAL LAW|

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 [...]

How often should you update your estate planning documents?

By |2023-12-12T00:50:12+00:00December 12th, 2023|ESTATE LAW|

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 [...]

Tools Down: Noisy Neighbours and the Perils of Power Tools

By |2024-09-18T10:01:15+00:00November 15th, 2023|PROPERTY LAW|

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 [...]

Section 14 Applications under the Mental Health and Cognitive Impairment Act 2020

By |2024-09-18T10:16:08+00:00November 15th, 2023|CRIMINAL LAW|

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,  [...]

Demystifying Directors and Insolvent Trading

By |2023-10-30T03:33:40+00:00October 30th, 2023|COMMERCIAL LAW|

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 [...]

Collaborative Practice in Family Law

By |2023-10-30T03:26:41+00:00October 30th, 2023|FAMILY LAW|

What is collaborative practice and how does it actually work? Collaborative practice is a recognised approach to resolving family law matters without resorting to litigation in Court. Collaborative practice focuses on achieving an end result that satisfies the particular priorities of the parties and their family, avoiding conflict throughout. It is suitable for both financial and parenting settlements. The process involves face-to-face meetings with your [...]

What Happens if you Pass Away and Don’t Have a Will?

By |2023-09-15T00:12:22+00:00September 15th, 2023|ESTATE LAW|

If you pass away and do not have a will or you have an invalid will, you are considered as dying 'intestate'. This means that your assets will be distributed amongst surviving relatives in accordance with the procedures set out in the Succession Act 2006. Who is entitled to inheritance in intestacy? There is a hierarchy of people who are entitled to inherit if someone [...]

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