News and resources

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 […]

Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]

Hooray, you’ve won the lottery! Now you can pursue your dreams. But beware, there are legal and emotional pitfalls with a sudden windfall such as a lottery win, large inheritance, compensation payment or redundancy payout which could turn that dream into a nightmare. Unexpected windfall can lead to emotional and behavioural problems There is even […]

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 […]

Adoptive parent assumes all rights and responsibilities once child is adopted Under the NSW Adoption Act 2000, any adoption or order made by a court transfers all legal rights and responsibilities from the biological parent of the adopted child to the child’s adoptive parent. Further, section 95 states that the child has the same rights […]

People are often concerned that their beloved pet – be it a dog, cat, lizard, budgie, parrot, rat, horse or fish – will outlive them, and they want to make sure that companion animal is cared for when they are gone. Your pet is not recognised as a family member in Australia With 63 per […]

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 […]

We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]

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 […]

The average amount Australians have in superannuation is $147,000. Many of course have far more, so it is important to make sure it is inherited by the person or persons you want to receive the benefit of your life’s savings. Is superannuation included in my will? The most important thing to remember about superannuation is […]

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. […]

Electronic signing of documents grew enormously during the Covid lockdowns, but now questions have been raised about how an electronic signature, created with the press of a button, is properly witnessed under law. What is an electronic signature? Software such as DocuSign can be used to add a signature to a document electronically by pressing […]

Someone disappears. Years go by and they are still missing. There is no message, no letter, nothing to indicate whether they are still alive. No body is found. Families are in limbo. Can their partner legally remarry? When can the missing person legally be declared dead, their will enacted and their assets distributed? Can someone […]

You’ve probably heard the word “probate” used when somebody dies and leaves a will. But what does it mean, and what is the process involved in having probate granted? What is a grant of probate? Under NSW law when a person dies leaving significant assets, the executor of the will needs to apply to the […]

A person is drafting a will but dies before it is signed. Is it legally valid? An unsigned will or an informal will does not comply with the requirements of a legal will. When is an unsigned will considered valid? Under law, a valid will must be in writing, on a material such as paper, […]

What are the responsibilities of executors? Every will needs an executor to administer the deceased person’s estate, ensure the estate’s debts are paid and oversee the disbursement of any inheritances according to the will. Executors are also responsible for making funeral arrangements, which are paid out of the estate of the deceased. In some cases, […]

Dying without a will can lead to many problems for your loved ones in dealing with your estate and distributing your assets. It can be especially problematic if the person who dies without a will had a de facto, as well as children from a previous relationship. What is a will? A will is a […]

It is not uncommon for people to give gifts or loans to family members, whether it be money or assets such as property. However, there are some important misconceptions that the lender and the borrower should both be aware of before giving, lending, borrowing or taking. What is the difference between gifts and loans to […]