Articles

Wills and Estates

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

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

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

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

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

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

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

A Criminal Defence Lawyer’s Guide to WA Drug Offences

Being involved in criminal proceedings for drug-related offending can be a stressful experience for not only the accused but their friends and family. To ease the burden and anxiety often associated, we suggest you consider the following issues. 1. Your Rights The...

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Personal Injuries and Compensation

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