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Family Law – What Happens to Superannuation Upon Separation?
When couples separate, a property settlement is one way of determining who owns what assets. This can be straightforward when the assets are clearly defined – such as a house, car, or income. However, assets like superannuation are less clear, and need to be carefully...
Why Do I Need a Will?
Around 40% of Australians do not have a will, with the majority of that group citing procrastination as the main reason for not having made a will. But when unexpected events occur, a valid will ensures your children are taken care of, tax is minimized and your estate...
What is Litigation?
Litigation is a way of resolving disputes through the court system. Disputes fall into one of two following classifications: civil or criminal. Civil Litigation Civil cases involves a dispute between two (or more parties). Typically, both sides will be represented by...
Wills vs SMSF Superannuation – Who Wins?
Superannuation benefits are not automatically assets that fall within the estate of a person after their death. Without additional and proper written directions, what happens to a person’s super after death is decided by the Trustee of that person’s super fund. What...
Struggling to Enforce a Judgment Against a Debtor?
If you have obtained a judgment against someone who owes you money (called a “debtor”), you can sometimes run into trouble enforcing that judgment if the debtor applies for an instalment order to pay the debt. Whilst the instalment order is in place, and the debtor is...
Property Settlement in Family Law – How Important are Contributions?
When a married or de facto couple separate or divorce, a significant part of that process is the separation of assets and liabilities – known in the family law world as “property settlement”. Property settlement in family law encompasses the division of joint assets,...
Musical Copyright
Musical Copyright in the US In 2016 a Los Angeles Court handed down a decision that the rock n’ roll band Led Zeppelin did not breach copyright in their 1971 song ‘Stairway to Heaven’. The song, being arguably their most famous and iconic song, was alleged to have...
Contesting a Will
Can You Put Anything You Like in Your Will? When it comes to writing your own will, you may think you should be able to divide your assets however you like. However, the law takes into account moral responsibilities owed to family members. Although they are your...