Articles
Family Law - Binding Financial Agreements
When a marriage or de facto relationship breaks down, two main issues need to be sorted out. Firstly there is the issue regarding any children of the relationship, which we will cover in more detail under a separate article. The other issue relates to property. It’s important to remember that both issues can be dealt with as soon as separation occurs. The only time delay is in seeking the actual divorce. When there are non-reconcilable circumstances the parties must wait twelve months from the date of separation, before applying for a divorce.
By entering into a Binding Financial Agreement the parties can sort out once and for all, their rights to property accumulated before and during the marriage or relationship. Values of all assets are obtained including bank accounts, superannuation, real estate, and shares, and then consideration is given to each party’s needs and the contributions they made during the relationship, to establish fair distribution of the asset pool. If for example the husband has a bad back which will prevent him from working in the future ... Read More
Beware of Pitfalls with Granny Flats
Over the years Hunter Solicitors has received numerous instructions from clients relating to disputes over arrangements with granny flats.
Initial intentions of the parties are usually good, with the adult child wanting to buy property incorporating a granny flat for a parent to live in, and in most cases the parent usually contributes quite a substantial amount of money towards the purchase of the property.
A pitfall can arise however if the relationship between the parent and child breaks down, and no formal document has been prepared to cover what is to happen in that event.
In the case of Swettenham v Wild held in the Court of Appeal, our client the Appellant, (the father), was successful in a claim against his daughter over a dispute arising over a granny flat. The father had previously struck a deal with his daughter and her husband that the father would buy a property for his daughter and son-in-law, on the basis the father would have the right to live in the granny flat attached to the property, for the remainder of his life ... Read More
More Disclosure Required From Franchisors
Changes to the Franchising Code of Conduct came into force on 1 July 2010. These changes require franchisors to communicate more to help prospective franchisees to make informed decisions, before entering into a franchise. The new amendments are also designed to strengthen the dispute resolution process.
Specifically, the amendments require franchisors to:-
- give 6 months' notice if they are not going to renew a franchise agreement
- disclose to prospective franchisees information on confidentiality obligations
- make clear what kind of obligations a franchisee has in terms of future capital expenditure, or whether there are any requirements to pay a franchisor's legal costs
If you fail to comply with the Code, you are in breach of the ... Read More
Why Use a Lawyer?
Don't be fooled by the multitude of internet sites and Do-It-Yourself kits encouraging people to do their own legal work. It can be both emotionally and financially costly through misunderstanding and mistake. Solicitors are highly trained professionals who can guide you through the potential pitfalls of the law in Queensland, and understand the complexities and consequences of the law.
Most people only turn to a solicitor when they have a legal issue requiring assistance. But there are many other areas where solicitors can provide advice and assistance which may present alternatives that had not been considered. Buying or selling a house, help with starting a new business, and protecting a person's wishes by drafting a Will, are just a few of the various services solicitors can offer.
Using a solicitor can give added protection and peace of mind, knowing that they must carry professional indemnity insurance. Read More...
What Happens When Parenting Orders Are Broken?
Parenting orders are one way of resolving family disputes. An alternative is attending family dispute resolution before filing a court application. If you and the other person reach an agreement, you can make a parenting plan, which is not a legally enforceable agreement.
It is important to seek advice from a lawyer who can help you understand your rights and responsibilities under the law. They can also help you find a way to reach an agreement without having to go to court, which can be stressful and costly. Read More
Dealing With Mortgage Problems
If you’re worried about a money or debt issue, getting legal advice as early as possible can help you get the best outcome for your situation. You should seek legal advice immediately if you are having problems with debt, as strict time limits apply for some matters. Read More...
Victim Assistance Scheme
Queensland victims of violent crime now have access to a compensation and recovery scheme after the Victims of Crime Assistance Bill 2009 was introduced into Parliament on 18 August 2009.
The Victim Assist Queensland scheme commenced on 1 December 2009, ending the right of victims to claim under the current criminal compensation schemes of the Criminal Offence Victims Act 1995 and the Criminal Code 1899.
The new scheme focuses on victim recovery by paying for, or reimbursing, the costs of goods and services that the victim requires to help them recover from the physical and psychological effects of the crime. It marks a significant change of focus from criminal compensation to financial assistance and support for victims. Read More...
What is Defamation?
We’ve all read articles, seen news items, or laughed at cartoons that portray someone in a negative light. Sometimes the item is light-hearted and fun, while other times the article is unsympathetic, callous and could seriously damage a person’s reputation. To most people, how they are perceived by others is extremely important, be it for personal, social or commercial reasons. Defamation law exists to protect citizens from the harm that can be caused by free speech, and the damage that can be done when untrue or unwarranted remarks are made about them in public.
In
Majority Of Consumers Are Confused By Credit Contracts
Research by the
Criminal Law - How to Write a Character Reference
A good character reference is very important to a person who has been charged with a criminal offence. It provides the Judge with positive information about the accused and it gives context to that person’s life.
The ideal person to provide a character reference is someone who knows the accused well enough to give an honest account of their good attributes. The referee should be aware that –
- it is absolutely imperative to be truthful and never lie. Lying to the court is perjury and is an offence;
- there should be no sugar coating of the facts, just supportive and positive comment about the accused’s best qualities;
- the reference should be kept to one page in length.
Accessing Your Super if You've Suffered Permanent Injury or Illness
Permanent injury or illness often brings great financial hardship to the sufferer and their family. When ongoing medical expenses and associated costs like care assistance, are added to the day to day cost of living, savings and finances can quickly drain.
Many superannuation fund policies include total and permanent disability insurance cover, which can be claimed for even if the permanent injury or illness sustained is not work related. Some super funds even include limited total and permanent disability insurance cover automatically, when compulsory employer contributions have been made to the fund.
A lot of us simply think of superannuation as saving for future retirement, not realising that it can include a total and permanent disability insurance benefit, which can be drawn on in times of financial hardship following permanent injury or illness... Read More...