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Contesting a Grant of Probate
What is a grant of probate? A grant of probate is a legal document issued by the Supreme Court that validates a recently deceased person’s Will. The document certifies that the testator (the person who made the Will) has passed away and created a valid Will. It also...
Can employees be monitored while working from home?
A research paper published by the Australian Government Productivity Commission (‘AGPC’) reveals how the rise in employees working from home (‘WFH’) has resulted in a major shift in workplace relations. Though stay-at-home orders are no longer in force, the number of...
Pros and cons of a trust business structure
There are a variety of structures a business can operate under. These structures include sole trader, partnership, company and trust. A business’s structure is dependent on its growth prospects, the number of members and owners and the potential liability of key...
Potential defamation lawsuit against ChatGPT
In a ground-breaking legal development, Brian Hood – the mayor of Hepburn Shire in Victoria – declared that he is preparing to file the world’s first defamation lawsuit against the artificial intelligence (AI) program ChatGPT. Hood alleges that ChatGPT has “falsely...
How to protect your Enduring Power of Attorney from misuse
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPOA) appoints a person, or persons, to make legal and financial decisions on your behalf once you have lost the mental capacity to make these decisions on your own due to a serious illness or...
What is a Property Easement?
A property easement grants the right to owners of certain lots to use part of someone else’s land for a specific purpose, without awarding possession. Without an easement an individual can be made liable for trespass or causing a private nuisance. As such, easements...
The Benefits of a Prenuptial Agreement
In 2021, there were 56,244 divorces granted in Australia – the highest number of divorces recorded since 1976. With this apparent increase in separations, it is important to prepare for any eventuality before entering into a marriage or de-facto relationship. One such...
Requesting Employees to Work on Public Holidays
On 28 March 2023, the Federal Court ruled in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 that employers must notify employees that they “have the option to either accept or reject a request to work on a public holiday.”...