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What will be accepted as an Informal Will? estate planning estates informal wills wills Feb 14, 2020

We often hear people say “I’ve been putting off my will for such a long time!” But what happens if you put it off for too long and you don’t have the opportunity to have your will prepared by a solicitor, or even if you write your own Will without the benefit of obtaining...

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Can you prevent a claim? estate planning estates family provision probate wills Feb 13, 2020

It can be hard when preparing a Will to determine whether or not the testator ought to leave a token legacy for those people whom they believe would otherwise make a claim on their estate.  This case is an example of the possible orders a court will make where it is satisfied that the main...

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What is reasonable overtime? business employment law fair work commission overtime penalty rates Feb 05, 2020
  • Do you have employees in your business?
  • Are they expected to work outside of their set hours?
  • Do you know what the law says in relation to this kind of overtime?

The Fair Work Commission has ordered an employer to pay eight weeks’ wages to an apprentice who was found to have...

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ACCC finds Trivago guilty of misleading consumers accc australian consumer law business misleading and deceptive conduct Jan 29, 2020

In a judgment handed down by the Federal Court in January 2020, Trivago, popular hotel comparison website, has been found guilty of misleading and deceiving the public as to the operation of its website. The misrepresentations have led consumers to believe they were obtaining discounts...

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Avoiding issues with Loan Agreements between family members conveyancing act loan agreements property purchasing property Jan 22, 2020

A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares.

The plaintiff, Fabian’s brother, Sergio, sought orders for:

  • Possession of the land;
  • Judgment against the defendant (Mina) for approximately $145,000 (including interest);
  • Mina to...
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Selling your business - when to get advice and what information to provide? business business name business sale intellectual property Jan 15, 2020

If you are planning on selling your business, and are being assisted by a solicitor, you will inevitably be asked for business documentation and history.

We regularly meet our clients once they have already accepted an offer on the business and are needing their contract prepared. More often than...

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Do I have a Retail Lease? purchasing property retail lease retail leases act Dec 18, 2019

The key criteria to consider if you think you are entering into a Retail Lease

Retail Leases are governed by the Retail Leases Act 1994 (NSW) (‘the Act’) and are subject to different laws and regulations to standard Commercial Leases. It is important that you correctly...

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Gift or Loan - lending money to relatives caveat estate planning estates gift intellectual property loan agreements property Dec 05, 2019

If you intend to provide monies to relatives, friends or related parties – such that the loan is not an arms’ length transaction, it is important to consider what ramifications that may have on your estate or may cause if you later seek to have that loan repaid.

There is a risk when...

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Things to think about when operating a business with employees business employee rights employment law Nov 26, 2019

As an employer, it is important that when you hire new employees, and as their employment changes, you set out clearly – and in writing – your expectations of them, and their responsibilities. Not only will this assist in managing expectations, but it may be important to clarify each...

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Avoiding family provision claims on your Estate: things to consider when preparing your Will estate planning estates family provision wills Nov 22, 2019

In a judgment handed down on 30 April 2019, the Court of Appeal has allowed an appeal by the adult children of a deceased man for further provision from his Estate.

The Case:  Squire v Squire [2019] NSWCA 90 (30 April 2019)

The Family – In this case, the deceased had three...

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The importance of keeping accurate employment records business employee rights employment law Nov 18, 2019

In order to make a claim for unfair dismissal, one of the pre-conditions to be satisfied is that the employee must have served the statutory minimum employment period – for those engaged by a “small business employer”, the minimum period is 12 months.  For others, it is 6...

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What are my duties as Executor? estate planning executor duties wills Nov 13, 2019

Something we get asked all the time is, “what do I have to do now that I’m executor?”.  Whilst people generally realise they need to attend to estate tasks like arranging funerals, applying for probate and generally administering the Estate of the deceased, they do not...

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