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Annual leave entitlements for casual employees

If you are an employee or employer do you understand the proper leave entitlements for casual employees? At Havilah Legal we are often asked about the rights and obligations of employees who are employed as casuals. Whether the cost benefit in paying a higher hourly rate outweighs the saving of not needing to pay annual [...]

By | September 20th, 2018|Employment Law|0 Comments

Commercial Debt Recovery

As one of Perth's leading Law Firm's Havilah Legal is often asked in matters of debt recovery against a company whether it is preferable to issue a General Procedure Claim in the Magistrates court or alternately send a statutory demand notice to the debtor company? It is important to tread carefully here when issuing or [...]

By | September 20th, 2018|Estate Planning|0 Comments

ATO releases new Practical Compliance Guidelines on Taxation of Estates

ATO releases new Practical Compliance Guidelines on Taxation of Estates To be entrusted to act as a Legal Personal Representative (LPR) of a deceased estate is both an honour and a privilege that carries various responsibilities. One such responsibility is an LPR’s obligation to ensure a deceased person’s tax affairs are properly dealt with. In the event [...]

By | September 15th, 2018|Estate Planning|0 Comments

Judge Bowler

By | May 9th, 2018|Uncategorized|0 Comments

Capricious Conditions That Will Potentially be Struck Out by the Court

  There is a large number of examples of capricious and unreasonable distributions that have come before the courts over time. There are far too many to list within this blog. It would be reasonable to conclude that there are many cases that do not receive the benefit of a judicial publication. A small number [...]

By | March 29th, 2018|Estate Planning|0 Comments

The Layman as an Estate Planner: The Curse of the Home-Made Will

It is the author’s experience that most clients do not understand the nature of their own asset structures. Commonly, they do not understand the separation of legal and beneficial ownership, trust relationships, superannuation and the rights assigned to those relationships. It is also the author’s experience that many lawyers do not understand these relationships or [...]

By | February 28th, 2018|Uncategorized|0 Comments

The Changing Family Landscape and Modern Family Provision Law

Over time, developments to the testator’s family maintenance (“TFM”) legislation expanded the categories or classes of eligible claimants.[1] In 1936, both New Zealand and Tasmania considered changes to the law to permit claims by ex-nuptial or illegitimate children. Both jurisdictions legislated the issue in 1969.[2] The remaining states and territories legislated the same issue shortly [...]

By | January 29th, 2018|Family Law|0 Comments

Will Drafting Problems for Elderly Clients: Wills and Guardianship Orders

  A person is not prohibited frommaking a Will even if they are subject to an order under the Guardianship and Administration Act 1990 (WA).[1] The guardianship division of the State Administrative Tribunal (“SAT”) is involved in a large number of family disputes over whether or not it is in the best interest for a [...]

By | December 29th, 2017|Estate Planning|0 Comments

The Need for Notional Estate Provisions

The testator’s family maintenance legislation (“TFM”) exists for the purposes of “making of provision for the maintenance of members of a family who are found in need of such maintenance when the family tie is broken by death.”[1] The current model of TFM in Western Australia is governed by the Family Provision Act 1972 (WA) [...]

By | November 29th, 2017|Estate Planning|0 Comments

Can you Contest a Will without Spending More than you Hope to Recover?

It has been said generally that increased costs have become an increasing problem in FPA actions. Mr. Greg Smith MLA told the NSW Parliament in 2008:   “Not only Justice Young has complained, but also the Chief Justice, Jim Spigelman, has complained. In an article in the Australian by Chris Meritt on 26 March 2007 [...]

By | October 30th, 2017|Estate Planning|0 Comments