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Windfalls and family law property settlements

The steps involved in determining how property is divided after the breakdown of a relationship generally include: identifying the assets, liabilities and financial resources of the parties; assessing the parties' financial and non-financial contributions; evaluating...

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Elder Abuse

Wednesday, 15 June 2022 is World Elder Abuse Awareness Day (WEAAD). This annual event acknowledges the prevalence of elder abuse, educates communities and individuals to recognise the signs, and encourages loved ones and victims to speak up and seek support and...

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Why everyone needs a Power of Attorney

Most people over 18 years of age should consider having a Power of Attorney in place. A Power of Attorney is a legal document made by a person (known as the principal) that authorises one or more others, on behalf of the principal, to do anything the principal can...

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Getting interim orders in the Family Court

Separated couples unable to resolve matters regarding parenting and finances through mutual agreement can apply for interim orders in the Federal Circuit Court (or Family Court for some more serious and complex cases). Interim orders are “temporary orders” and usually...

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Appointing a Solicitor as Executor of your Will

An executor is a person who will carry out the instructions in your Will once you have passed away. In general, you can appoint any person as executor of your Will, this includes solicitors. It is not uncommon for a solicitor to be appointed executor of a Will. The...

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Selling a residential property in Victoria

Selling your residential property is one of the most significant financial transactions you'll ever make. The sale of a property is managed by conveyancing laws that can be overwhelming and complex for someone who has not had experience in dealing with them....

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Divorce, de factos and superannuation splitting

Once a couple is separated, their superannuation (Super) is treated as property under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ Super benefits will be taken into account when determining a property settlement. Super is held in trust and differs...

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A widow contesting a Will

All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education and advancement in life. In Victoria, from 1 January...

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