It is not possible to contemplate every outcome in drafting a will or preparing a succession plan. However, it is important to ensure that the will deals with circumstances where a potential beneficiary predeceases the testator, or where property the subject of a gift is no longer in existence. Read More
Traditionally in Australia the major asset was the family home which was always jointly owned by husband and wife as joint proprietors. Over the last 20 years it has become common for the family home to be held in the name of husband or wife alone in order to minimize the risk of professional or commercial liability of a spouse resulting in the loss of the family home. Read More
Cooling-off rights for property buyers have changed as a result of amendments to the Estate Agents (Contracts) Regulations 2008 and Section 31 of the Sale of Land Act 1962. Read More
Wealth can be held in a variety of ownership forms. Estate planning requires a careful and considered examination of ownership structures to determine exactly what will fall within your estate and what will not, and to plan as appropriate for the disposition or control of these assets. Read More
A recent decision of the Supreme Court of Western Australia (Rogan-Gardiner v Woolworths) confirms that employers usually owe a duty of good faith to their employees. Ms Rogan-Gardiner had been the state accountant for Woolworths in Western Australia for eight years when in 2002, Woolworths undertook a nationwide restructure. Ms Rogan-Gardiner's position was abolished whilst she was on maternity leave. Read More
Question of whether a child’s parents can consent to a child receiving a medical procedure which would “alter” the child’s gender was considered in the recent case of Re: Bernadette (Special Medical procedure) [2010] FamCA 94. Read More