Cyber Security
On 24 November 2014, the Australian Financial Review (AFR) published the next in its series of special reports focusing on cyber security. […]
Applications for Guardianship and Administration Orders
The Guardianship and Administration Act 1990 was enacted to protect adult individuals who are incapable of making decisions for themselves in relation to their living arrangements as well as their financial arrangements. These people require support and assistance to ensure that their quality of life is maintained and also to protect them financially. […]
Caveats, a powerful tool but beware the pitfalls.
Although it is relatively simple to lodge a caveat in a form acceptable to Landgate, there are a number of issues that need to be considered. […]
Estate assets gifted to grandchildren rather than children
In the recent NSW Court of Appeal decision Chapple v Wilcox [2014] NSWCA 392, the deceased gifted his farming property under Will to his only child, a daughter. The daughter’s adult son (the grandchild of the deceased) made a claim for family provision order under the Equity Division of the Succession Act 2006 (NSW), in respect to his grandfather’s estate. This section empowers the court to make orders for the proper maintenance, education or advancement in life in favour of eligible persons for whom adequate provision has not been made under a deceased’s will. […]
Questions to ask before you commit to purchasing a property
There are a number of important questions to ask (and have answered to your satisfaction) before committing yourself to purchasing real estate in Australia, whether it is to be your principal residence, a residential investment property or a commercial property: […]
10 Tips for Business Success
Put your business in the best possible position to succeed by taking heed of these ten tips for entrepreneurs: […]
Compensation for reputation loss and hurt feelings – Maybe Not?
There is a long line of cases which established the principle that compensation by way of damages are generally not recoverable for injured feelings or distress arising out of an employer‘s breach of an employment contract. […]
RSL’s President’s Breakfast featuring Guest Speaker Peter FitzSimons
As proud supporters of this year’s Western Australian Branch of the RSL’s president’s breakfast, a few of the Havilah Legal team were privileged to attend the event held at Anzac House on 23 October 2014. The guest speaker was Peter FitzSimons AM, former Wallaby Footballer and an Australian journalist for the Sydney Morning Herald and the author of over 20 books including Gallipoli, Kokoda and Tobruk. […]
Getting the Most out of your Legal Fees – Top Tips
When you make the decision to seek legal advice from a family lawyer it makes sense to ensure that the time you spend with them, whether that is in face to face meetings, telephone discussions or via email is as productive as possible. After all it is the lawyer’s time that you are buying. […]
Wearing Two Hats – Administrator and Superfund Beneficiary
A recent case (McIntosh v McIntosh [2014] QSC 99), considered the operation of section 52 of the Succession Act 1981 (Qld) which deals with the duties of a personal representative to a deceased individual. This case also considered fiduciary duties as administrator of an intestate estate. […]