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deed of family arrangement, de facto, separation, breakup, family provision claim, divorce, spouse, Family Law Act, Family Court, Succession Act, relationship, claim, ex, estate, will, inheritance, asset, liability, deceased, household, disclaimer
18 Dec 2024

Deed of family arrangement could protect your estate after de facto separation

When it comes to separating in New South Wales, the law distinguishes between married couples and de facto relationships. This can have significant implications for those involved in a de facto relationship if their relationship ends and there are concerns over protecting the estate from future claims from the other party. Navigating separation and family […]
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illegal building works, unapproved works, illegal structure, property, building, buyer, purchase, seller, local council, council, consent, compliant, regulations, environment, planning, safety standard, neighbour, boundary, approval, strata scheme, owners corporation, DA, development application, Complying Development Certificate, CDC, BASIX, exempt development, complying development, home extension, structure, certification, modification, rescind, completed works
31 Oct 2024

Illegal building works – the horror story edition

Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]
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binding financial agreement, financial agreement, agreement, BFA, prenup, prenuptial agreement, unfair, broke up, divide, asset, relationship, marriage, de facto, Family Law Act, Family Court, personal injury claim, separate, couple, 50/50, split, appeal, joint assets, legal advice, prudent, fair, reasonable
29 Oct 2024

Was the binding financial agreement unfair? Did the court set it aside? Which case won?

A binding financial agreement (also commonly known as a prenuptial agreement or “prenup”) is an agreement made between two people that sets out how they want their affairs to be arranged if their relationship ends.

These agreements can be made before, during or after a marriage or de facto relationship, including for a same sex relationship.

A binding financial agreement is a formal document made under the Family Law Act 1975 (Cth), but it is not reviewed or approved by the Family Court and, as long as it complies with the requirements set out in the Act, the court has no jurisdiction to adjust it.

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sperm donors, sperm, baby, child, mother, father, IVF, fertility, clinic, assisted reproductive technology, donor, legal right, parental right, financial responsibility
25 Jul 2024

Sperm donors, parental responsibility and financial obligations in NSW

Every year in Australia about 3,000 babies are born as a result of using sperm donors. But there is a shortage of donors, and fertility clinics and IVF providers have appealed for more sperm and egg donors. Laws concerning sperm donors have changed over the years According to the 2021 Victorian Assisted Reproductive Treatment Authority […]
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coercive, coercive control, domestic abuse, domestic violence, family violence, emotional abuse, financial abuse, gaslighting, homicide, intimate partner, relationship
27 Jun 2024

Coercive control is now a crime

Coercive control is a frequently hidden form of domestic abuse that includes physical, sexual, psychological, emotional and financial abuse of one individual by another. Figures show coercive control a significant problem The Bureau of Statistics figures on domestic abuse are shocking. One in four women and one in eight men have experienced domestic violence by […]
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data collection, privacy, personal information, landlord, tenant, cyberattack, cyber attack, cybersecurity, cyber breach, identity theft, rental property, background check, residential tenancy agreement, Residential Tenancies Act
10 May 2024

Data collection by landlords – what can they legally ask a tenant?

With cybersecurity breaches on the rise, people are becoming increasingly worried about data collection by companies and wondering how secure their personal information is. Data collection demands from real estate agents As the nationwide shortage of rental properties continues unabated, prospective tenants are facing increasing demands from landlords and their agents for more and more […]
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03 Apr 2024

Transfer of property from father and stepmother to son ends in court – which case won?

In 1998, an elderly married couple purchased a 255-acre rural property in northern NSW. By 2004, they were receiving the aged pension and came to believe that owning the property might disqualify them from the pension.

Their belief stemmed from a conversation with their daughter, who allegedly said words to the effect: “If you own over five acres of property, you may no longer be entitled to receive the pension.”

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contesting a will, challenge a will, contest a will, dispute, beneficiary, testator, deceased, will, family provision claim, distribution, assets, probate, executor, eligible person, Succession Act, NSW, claim, validity, undue influence, testamentary capacity, notional estate
06 Dec 2023

Contesting a will in NSW – the horror story edition

Successfully contesting a will can lead to a fairer distribution of assets from a deceased estate and provide protection for vulnerable family members. However, the experience can be fraught with turmoil and financial strain. Emotions can run high and relationships within the family can deteriorate. Contesting a will is a complex legal process that requires […]
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deepfake, AI, artificial intelligence, bullying, misinformation, disinformation, image-based abuse, fake news, privacy, cybersecurity, data protection, child protection, defamation, e-safety, online
24 Nov 2023

AI-generated deepfake images create bullying danger

Concerns with the use of artificial intelligence on the internet are growing, due to its potential to design powerful toxins, control robo-missiles, perpetuate online scams, spread misinformation and lies, and create AI-generated deepfake imagery and porn. Children exploiting deepfake imagery for bullying Australia’s online safety regulator reports AI-generated sexually explicit imagery and deepfake porn are […]
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bank of mum and dad, BOMAD, bank of dad, loan, gift, family loan, financial support, property, mortgage, cost of living, Centrelink, age pension, guarantor, borrowing capacity, credit score, security, documented, divorce, Deed, verbal agreement
19 Oct 2023

Trouble at the bank of mum and dad – the horror story edition on family loans

Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]
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fire damage, property, land, contract, contract for sale, rescind, rescission, repudiate, repudiation, habitable, deposit, breach, Supreme Court, NSW, structural damage, engineer, insurance, materially different, substantially damaged
26 Jul 2023

“The house I was buying suffered extensive fire damage, so I’m entitled to rescind the contract.” Which case won?

On 11 July 2003, a buyer of property and its sellers entered into a contract for sale of land, for a property on Sydney’s lower north shore.

The purchase price was $1.4 million, with a deposit payable of $140,000.

A two-bedroom house was constructed on the property around 1946. Though it was habitable, it was showing signs of its age.

Shortly after entering into the contract, the buyer obtained the owners’ consent to lodge plans with the local council to develop the property.

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farm trespass laws, farm, farming, agriculture, ag-gag laws, animal welfare, animal advocate, animal cruelty, animal rights, video, covert, footage, private property, slaughterhouse, transparency, whistleblower, live export, greyhound, horse racing, cruelty
18 Jul 2023

NSW farm trespass laws upheld by High Court

In 2022 the High Court upheld the NSW farm trespass laws, also known as the “ag-gag laws” that make it a criminal offence for animal welfare advocates and others to publish covert video footage taken as a result of trespassing on private agricultural property. Challenge to constitutionality of farm trespass laws Animal protection group Farm […]
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disclosure, disclosure requirements, information, documents, family law, divorce, couple, separation, assets, liabilities, financial information, bank account, income, expenses, tax return, financial statement, credit union, parenting, employment, criminal record, parent, child
05 Jul 2023

Disclosure requirements in family law – what am I meant to provide?

Disclosure plays a critical role in family law proceedings in Australia. The term refers to the process of providing information and documents relevant to a case to the other party and the court. It is designed to ensure that everyone has access to the necessary information to make informed decisions and achieve a fair outcome. […]
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AI, artificial intelligence, ChatGPT, regulation, law, hallucination, AI control, AI system, AI regulation, digital, technology, deepfake, National AI Centre
15 Jun 2023

New laws coming to curtail artificial intelligence (AI)

Lawyer’s use of AI program confirms its unreliability A New York lawyer was embarrassed to admit using artificial intelligence (AI) program ChatGPT when preparing his courtroom legal argument, after it was exposed to have cited several court cases that didn’t exist. When the judge and opponent lawyers couldn’t find the cases, the lawyer discovered ChatGPT […]
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driverless cars, self driving car, automated vehicle, autonomous vehicle, vehicle, car, truck, road, driver, safety, pedestrian, swerve, crash, brakes, computer, law, public road, National Transport Commission, NRMA, accident, traffic, highway
13 Jun 2023

Driverless cars are coming – but whose fault will it be when they crash?

Are driverless cars safe? We know that driverless cars are coming. So imagine the future, when you get into your driverless car, set the controls to take you home, sit back and relax as the autonomous vehicle sets off down the road. You are in the driver’s seat, but your hands aren’t on the steering […]
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divorce doula, divorce, support, support person, client, coaching, paperwork, communication, conflict resolution, parenting plan, unregulated, unregulated profession, regulation, confidentiality, ethics
01 Jun 2023

What on earth is a divorce doula?

Going through a divorce can be a challenging, complex and emotionally draining process. In recent years, a new phenomenon has emerged to help people navigate divorce with support and guidance – the divorce doula. However, while the support provided may be invaluable from an emotional perspective, it is important to remember that divorce doulas are […]
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21 Apr 2023

Guilty or not guilty – could computers replace judges in a court of law?

Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
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human trafficking, slave, slavery, sex slave, sexual slavery, trafficker, human trafficker, offender, co-offender, victim, violence, coercive control, psychological control, isolation, sex work, passport, debunk, myth
28 Feb 2023

Human trafficking myths exploded

Hollywood movies tend to depict evil human traffickers as dastardly foreign men with big moustaches who kidnap or use unscrupulous trickery to lure unsuspecting women into a sordid life of sex slavery in far-off lands. However, a new study has exploded those common myths of human trafficking in Australia. Women often play leading role in […]
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