Articles

Wills and Estates

Making a Will if capacity is in question

Making a Will if capacity is in question

How to go about making a will if capacity is question. Who decides on the capacity? When should the Will be signed? Could the Will be challenged? How a lawyer can help. If you are over the age of 18 you can make a Will – provided you have capacity.

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Enduring Powers of Attorney Explained

Enduring Powers of Attorney Explained

Most people have heard of a Power of Attorney, however, most do not fully understand the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document which can be used to authorise a person...

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Family

Parenting Orders

Parenting Orders

What you need to know in the midst of COVID-19 and how we can help  It is important for families to know that, despite the COVID-19 pandemic, the Family Court of Western Australia remains open. As matters currently stand, hearings and conferences continue to be listed...

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Binding financial agreements – Thorne v Kennedy revisited

Binding financial agreements – Thorne v Kennedy revisited

Since the High Court of Australia handed down its findings in the matter of Thorne v Kennedy [2017] HCA 49, there has been much discussion as to what the implications of the decision are for binding financial agreements in Australia, with more than one headline...

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The Family Court and de facto relationships

The Family Court and de facto relationships

Over the last decade, an increasing number of Australians are living in de facto relationships, while marriage rates have fallen.  Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating...

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Commercial

Liquidated damages in construction and commercial contracts

Liquidated damages in construction and commercial contracts

Including a liquidated damages clause in construction or commercial contracts is a common way of addressing what sanctions will apply if a breach of contract arises during the operation of the contract. It is therefore important to understand exactly what is meant by...

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Differences between Employees and Contractors

Differences between Employees and Contractors

Businesses should have systems in place to ensure that the correct determination is made as to whether a worker should be classified as an employee or as an independent contractor. This is important as tax, superannuation and other obligations will apply depending on...

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Property

Commercial Leasing Code of Conduct

Commercial Leasing Code of Conduct

On 7 April 2020, the National Cabinet released a Commercial Leasing Code of Conduct (Code). The purpose of the Code is to impose a set of good faith leasing principles for application to commercial tenancies (including retail, office, and industrial) between landlords...

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Update on Personal Property Security Register

Update on Personal Property Security Register

The Personal Property Securities Register (“PPSR”) is a national, electronic register of security interests in personal property that was established on 30 January 2012. What does the PPSR cover? The easiest way to understand what is covered by the PPSR is to dissect...

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Criminal

Bail in the Covid-19 era

Bail in the Covid-19 era

Criminal law in the COVID-19 era has experienced rapid changes and the jurisdiction surrounding Bail is no exception. At Frichot Lawyers, we want to keep you informed about how these changes could impact Bail arrangements for you, or your family and friends. What does...

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The seven top reasons not to speak to police

The seven top reasons not to speak to police

You can take it from us. The knowledgeable criminal law team at Frichot Lawyers want to keep you informed about why, in our experience, talking to the police might not always help you. These are some of the reasons why you may want to think twice: You simply don’t...

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Personal Injuries and Compensation

Workers Compensation: Your Rights In and Outside the Workplace

Workers Compensation: Your Rights In and Outside the Workplace

Workers’ compensation is compensation payable to a worker who sustains an injury arising out of or in the course of employment or whilst the worker is acting under an employer’s instructions. The workers’ compensation scheme in Western Australia is governed by the...

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