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Will Making Under Undue Influence
What is Undue Influence? Undue Influence is the conduct which overbears the testator (will maker) of the will, where the circumstances were not free and voluntary in order for someone to benefit from the will to the detriment of others. To decipher this from fraud...
Residential Construction Contracts
Upon undertaking residential construction, ensuring adequacy and enforceability of the contract is paramount. By taking adequate care to review the residential construction contract provided by your builder/tradesperson, building disputes can be avoided throughout the...
Why do I need a solicitor to review my mortgage documents?
If you are a borrower, guarantor or lender, you may be required to seek independent legal advice prior to signing mortgage documents. Loan and mortgage documents will often require an Independent Solicitors’ Certificate to prove that you have received legal advice...
Superannuation Guarantee Rate Increases: What does this mean?
On 1 July 2024, the superannuation guarantee rate is set to increase from 11% to 11.5%. In accordance with the Superannuation Act 1916 (NSW), the superannuation guarantee rate will increase and remain at 12% after 1 July 2025. (N.B. Superannuation guarantee rate...
Will Making and Testamentary Capacity
A Will sets out a person’s wishes for how they would like their estate to be distributed after their death. A person making a Will (the testator) must meet a cognitive standard when understanding the nature and effect of their Will. This legal standard is referred to...
Understanding Inheritance Disputes
Following the death of a loved one, the time for mourning is shared with the process of finalising their estate. During this time, the deceased’s assets will be distributed in accordance with the terms of their Will. After the distribution of assets, a person may feel...
Changes to the Family Law Act 1975 (Cth)
On 6 May 2024, changes to the Family Law Act 1975 (Cth) (‘Family Law Act’) came into effect. These new laws include changes to the parenting order framework and enforcement of child-related orders. Changes relating to parenting matters are set out in the Family Law...
What should I do if my tenant stops paying rent?
As a landlord in a residential tenancy agreement, there is an expectation that your tenant will pay the agreed rent on time and in full. Tenants are legally responsible for the payment of rent and must continue to do so until the tenancy ends. Any failure to pay rent...