Will a trusted relative be able to manage my affairs if I lose capacity? Have I given that person the power to do so under an Enduring Power of Attorney (EPA)? If you have not made an EPA and you lose capacity, approval from the Victorian Civil and Administrative Tribunal (VCAT) will be required before decisions can be made on your behalf about matters such as your medical treatment, finances and living arrangements. Read More
A lease is a contract which will bind the landlord and tenant and any guarantor. The association may be a long one, and it is fundamental that certain enquiries are made by the parties at the outset to avoid future problems. At a minimum the following enquiries should be made by the prospective tenant: Read More
While recent legislative changes mean fewer people can make claims against deceased estates, a new case indicates that at least one of the categories of eligible claimants may be broader than anticipated. In 2015, sweeping changes were made to Part IV of the Administration and Probate Act 1958 (the Act) in a bid to limit those eligible to make a claim for provision or further provision from the estate of a deceased person. Stepchildren are among the limited number of people now eligible to make a claim. Read More
Daily we see stories in the press about cases in the Courts of Victoria: Supreme, County and Magistrates Courts. The Courts get most of the publicity, but what about the Tribunal where many more disputes are brought and resolved: the Victorian Civil & Administrative Tribunal (VCAT)? VCAT finalizes more than 85,000 cases a year. Most of these are disputes. Individuals and small businesses are far more likely to be involved in a VCAT dispute than in a Court proceeding. Read More
Should my spouse and I act as trustees for our SMSF or should we have a company? Members obligation - All SMSF members must be either Trustees as individuals or directors of the company acting as Trustee. Benefits of Corporate Trustee - A Corporate Trustee of a single member fund will only require one director. Corporate Trustees are generally recommended notwithstanding the additional expense in establishment and administrative costs. Read More
A family provision application needs to be decided on its facts. The facts, unsurprisingly, include the intricate ins and outs of relationships and responsibilities. Hicks Oakley Chessell Williams recently and successfully acted for the plaintiff of one such family provision application. Read More