News

LANDLORDS HAMPERED FROM TERMINATING LEASE WHEN TENANTS GO BUST

As from 1 July 2018, amendments to the Corporations Act mean that any commercial leases which are entered into on or after this date cannot contain within them provisions which automatically allow a Landlord to terminate a Lease simply because of a Tenant company encountering any of the following:

A legal expert's advice for responding to 'revenge porn'

When 21-year-old Perth woman ‘Sonya’ met Danny, she thought she’d met a man she could have a long relationship with but, sadly, it was not meant to be.

Gambling, Tax Debts and Separation – Can you be ordered to pay your partner’s debt?

Have you ever been held responsible for the actions or omissions of somebody else? Do you worry that your partner might be making poor financial decisions that could affect you after a separation?

New South Wales Retail Lease Tenants - Outgoings...

Changes to the Retail Leases Act 1994 (NSW) in 2017 brought about potentially costly restrictions on a Landlord recovering Outgoings payable by a Tenant under a Retail Lease.

Can I Prevent my Landlord from Assigning my Lease?

It is generally a commercially accepted term of any Lease that the Tenant must first obtain the Landlord’s consent if the Tenant intends to assign the Lease to a third party.

Failing to appear in the Federal Circuit Court - What can you do if a parenting order is made in your absence?

The Federal Circuit Court of Australia recently handed down a decision setting aside a parenting order made final in the absence of a party to the proceeding. The decision was made despite the opposition from the mother, maternal grandmother and Independent Children’s Lawyer.

Divorce what happens to Pets

Divorce and separation are hard for everyone but what happens to the family pet? Pet Problems Solved gets advice from lawyers to guide you through difficult times with your pet…

Are we in a de facto relationship?

To the most of us, the above question wouldn’t be a very hard to answer. However, in the world of online dating, casual flings and open relationships that question can become a whole lot harder to answer.

Did you know that the Family Law Courts can imprison you?

Most people would associate imprisonment as a sentence ordered by a criminal court for a serious crime but it’s important to note that the Family Law Courts also have the power to order imprisonment.

The ‘slip rule’ – a Judge’s safety net? What is it and how does it work?

What’s the first thing that comes to your mind if I say 'slip rule'? No, this is not some personal injury article about a guy slipping on a banana peel at Woolies… The 'slip rule' is actually a commonly known concept across the legal fraternity as it finds application in just about any area of law.

Why I Am Determined To Help Fathers See Their Children Following Separation

Nearly 1.5 million Australians aged between 25-64 years are currently separated or divorced. It’s a scenario many people are impacted by at some point in their lives and sadly, often on more occasions than one.

Registered Easements - Residential Buyers Beware

Buyers of residential properties on the Gold Coast (in fact anywhere throughout Queensland) should be made aware at the time they sign the Contract if there is any easement which is registered over the property they intend to buy.

Do Family Court proceedings continue after the death of a party?

The Family Court of Australia has recently had to consider a case with a more unusual set of circumstances.

RETIREMENT VILLAGES – 5 QUESTIONS PEOPLE DON’T ASK BEFORE ENTERING

With more and more of our population looking towards retirement and entering into Retirement Villages, the importance of knowing your contractual obligations before entry is imperative.

Does the government inherit my estate if I don’t have a Will

Many people understand that they should have a Will but many don’t seem to get around to doing it. In Queensland, if you die without a valid Will, you are deemed to die Intestate.

Law firms feeling the focus of online hacking!

Towards the end of 2017, the QLD legal profession started to feel the effects of online hackers making their way into the online files of firms and manipulating the transfer of funds. The ability for these people to access and immerse themselves into client matters

The shocking rise of financial abuse involving wills

A GOLD Coast woman and her elderly mum walked into lawyer Marie Fedorov’s office. Alarm bells immediately started ringing

Grandparent’s rights with respect to parenting orders.

In Stott & Holger and Anor [2017] FamCAFC 152 (7 August 2017), a maternal grandmother appealed a father’s right to spend unsupervised time with her grandchild.

Thorne and Kennedy – High Court decision on ‘Binding’ Financial Agreements

The High Court has delivered its much-awaited Judgement in the case of Thorne and Kennedy, a case involving a ‘pre-nuptial’, and subsequently a ‘post-nuptial’, Financial Agreement, the...

Are you in fact in a De Facto Relationship?

The Full Court of the Family Court of Australia recently dismissed an appeal on the basis that the appellant female was in a de facto relationship with a male, contrary to the female’s opinion and belief...

Do you want to be in your new property before Christmas ?

It is now less than 7 weeks until Christmas!

For buyers of residential property who wish to settle and be in their new property in time for the festive season, you are running out of time to have this dream realised....

The 8 Biggest Mistakes Women make During Divorce

Recent changes to the law directly impact parties to commercial leases (other than leases subject to The Retail Shop Leases Act) that were entered into after 1 January 1992 and before 30 June 2009 irrespective of what the terms of the document state.

Are you a party to a commercial lease?

Recent changes to the law directly impact parties to commercial leases (other than leases subject to The Retail Shop Leases Act) that were entered into after 1 January 1992 and before 30 June 2009 irrespective of what the terms of the document state.

Buyers of certain water front properties on the Gold Coast...

Recent changes approved by the Queensland government have resulted in removing a Buyer’s ability to terminate a purchase Contract for waterfront (other than ocean) property on the Gold Coast where a Seller has failed to comply with Local Law 17 requirements.

Purchasing property with your SMSF

Many Australian families plan regular overseas trips each year to explore new places, perhaps visit friends and family who live far away, and to take time out from their everyday lives and relax.

Divorce in a day at Family Mediation Station

Many Australian families plan regular overseas trips each year to explore new places, perhaps visit friends and family who live far away, and to take time out from their everyday lives and relax.

Children's Views in Parenting Proceedings.

Many Australian families plan regular overseas trips each year to explore new places, perhaps visit friends and family who live far away, and to take time out from their everyday lives and relax.

Overseas Travel for Separated Parents - What you need to be aware of.

Many Australian families plan regular overseas trips each year to explore new places, perhaps visit friends and family who live far away, and to take time out from their everyday lives and relax.

Retaining property after recent separation

Have you separated from your husband or partner recently and you would like to retain the home/investment property?

When did my ex and I actually separate?

With the costs of living increasing more and more, it is not uncommon for separated couples to continue to live under the same roof, particularly if there are children involved.

Tips on what to do when you are served with a Domestic Violence Order

We have set out the most important things to remember to ensure that you don’t inadvertently breach the Order before you are able to obtain legal advice.

Property Settlements within de facto relationships

A long relationship does not automatically entitle you to a property settlement