Victoria's legal profession has embraced digitisation, improving efficiency and cutting clients’ costs. Hicks Oakley Chessell Williams' litigation team, having recently completed an electronic Supreme Court trial, is no exception. Matthew Hicks, Principal and Law Institute of Victoria Accredited Specialist - Commercial Litigation, said because the matter was a large one, a third party provider was engaged to run the e-trial. Read More
You now have the power to have a greater say in the type of medical treatment you receive should you lose the ability to make decisions, thanks to the wide-ranging new laws that came into effect on 12 March 2018. Under the Medical Treatment Planning and Decisions Act 2016, decisions relating to your medical treatment when you lose capacity can be made in advance. Your instructions relating to your treatment can be set out in a legally binding document known as an "Advanced Care Directive". Under the new laws, you also have the power to appoint someone, known as a "Medical Treatment Decision Maker" who will have the authority to make decisions about your medical treatment when you lose capacity. Read More
Planning an overseas trip is exciting and the checklist may include: plane tickets, accommodation, adventure tours, books to take, insurance, vaccinations, getting the dog minded, getting the children minded or organising the children’s passports as well as your own passports, and making your Will. At Hicks Oakley Chessell Williams we find that planning a holiday is one of the main reasons for people to finally get around to making their Will. Read More
Recent changes to the Administration and Probate Act 1958 came into effect on 1 November 2017 and impact the way all executors can charge fees and commissions for estates. Some of the changes impact Wills made after 1 November 2017, and some impact the estates of people who die after 1 November 2017, irrespective of when the Will was made. The overall impact of the changes is that the Court is now empowered to scrutinise the way executors and administrators of estates charge their fees and commissions, whether or not those executors are professionals, such as solicitors or accountants, or a family member. Read More
Our ageing population is growing and more Australians are living with dementia. Unfortunately this means that more of our elders are being subjected to verbal abuse, bullying, harassment and financial abuse than ever before. The Australian Law Reform Commission (ALRC) released a report on 16 June 2017, the day after Elder Abuse Awareness Day, which includes 43 recommendations for law reform. These proposals consider how to best protect older Australians from abuse and to safeguard their autonomy, taking into consideration Commonwealth laws and legal frameworks. Read More
There will no doubt be ongoing and continued national debate about the housing market, including issues relating to access to superannuation and foreign investment. Here we take a look at some of the recent measures that have been implemented in Victoria in the two important areas of stamp duty exemptions and concessions, and underquoting by real estate agents. Read More