Articles

What is an enduring power of attorney? A Power of Attorney is a useful legal document used to allow someone to handle your affairs in a variety...

In the recent decision of Bradshaw v Cooke and The Owners - Strata Plan No 91905 [2021] NSWCATAP 156, the NCAT Appeal Panel described the case...

NSW has about 50% of the total number of occupied apartments in all of Australia.[1] At first glance, this might seem staggering, given that...

As you may know, all strata owners are automatically part of an owner’s corporation which, until recently, was responsible for costs associated...

Parents who are able to reach an agreement regarding care arrangements for their children have two ways to formalise their agreement. If you...

Company names Every company must have a name, and an Australian Company Number (ACN) and most have a unique Australian Business Number (ABN)....

A shareholder agreement sets out up front how disputes and deadlocks are to be resolved and allows shareholders to resolve issues which arise...

Generating an on-line Will may seem easy, but the ‘hundreds of dollars’ that you might save will never make up for some of the possible pitfalls...

Ex-partners who remain on good terms may choose to make informal arrangements regarding the division of their property. However, the failure...

COMPANIES OWNED BY ONE FAMILY Many businesses are run by a company in which the shares are owned by the person who runs the business, either...

For most companies, the best solution is an agreement for the shares of the deceased to pass to the surviving shareholder(s) on payment of an...

This is commonly known as a ‘silent director’. While there is no general rule that prohibits this, it is important to understand the duties...

How useful are standard shareholders agreements? Most shareholders agreements are based on standard formats. Solicitors generally have one or...

Standard shareholders agreements When preparing a shareholders agreement, most solicitors use a standard template and assume that “one size...

Background Grill’d opened its first restaurant in 2004, the brainchild of friends Simon Crowe, Simon McNamara and Geoff Bainbridge. Since...

Generally, a claim for negligence must be made within 6 years of the plaintiff suffering loss. Sometimes, negligent building work does not cause...

What happens to your superannuation on your death is governed by the rules of the superannuation trust deed. Your will does not control your...

When a family trust earns income or capital gains, they are divided between the beneficiaries, on the advice of the accountant, to minimise tax....

A recent decision from the Fair Work Commission provides some useful guidance to small businesses on when to include casual employees in the...

The problem used to be that, if a superannuation fund borrowed money and was unable to repay the loan, the lender could sell up the other assets...

We recently acted for a wife who separated from her husband after many years of marriage. The husband had worked out a “fair” division of...

It can be beneficial to grant a power of attorney in favour of a spouse or other trusted family member, to enable your financial affairs to be...

A couple of years ago, we sued for a debt, but the debtor disappeared before we could enforce payment. When the debtor subsequently applied for...

This means that, instead of your will leaving a share of your estate to each child, that share will be placed into a separate trust for each...

After 35 years as one of the leading law firms in Sydney's north, in 2018 Somerville Legal expanded to incorporate a Newcastle office, enabling...

Many small companies are funded from money invested by the directors, or by directors leaving their salaries or other payments in the company....

The deposit represents not only part of the purchase price but also, and more importantly, a pledge to bind the bargain.The question of deposits...

In what is good news for Owners Corporations that have difficulties in recovering strata levies from non-paying owners, the process of recovering...

Powers of attorney alone are not the answer, as the Powers of Attorney Act 2003 does not allow a person to confer on an attorney the authority...

The Family Law Act When a marriage is coming to an end, the party with most of the assets, for example, a profitable business, often tries...

Cryptocurrency included in the asset pool Both spouses have an obligation to make full and frank disclosure of their financial circumstances....

There are relatively simple, practical steps that a prudent parent, or grandparent, can take to protect such a gift. Provide a loan, not a gift Consider...

What is an enduring power of attorney? A power of attorney gives someone you nominate (the attorney) a power to sign documents on your behalf,...

Court has pet hate for ‘no pets’ by-laws: Court of Appeal confirms blanket pet bans are harsh, unconscionable and oppressiveHave you...

This can be difficult for some parents, particularly the parent who feels aggrieved by the break down. It is essential that those feelings do...

On 11 December 2024, the High Court delivered judgment in Pafburn Pty Limited & Anor v The Owners – Strata Plan No 84674 [2024] HCA 49....

Client legal privilege protects the confidentiality of communications (both oral and written) between a client and their legal advisor. It is...

In a recent decision, the Federal Court considered the impracticality of freezing orders in the modern world of online banking and accordingly,...

If your business is involved in a commercial dispute, your biggest concerns are likely to be the financial losses that your organisation and...

If you have ever been a witness in a court case, you might be familiar with the phrase "words to the following effect".  In New South Wales,...

The burden of proof (also known as onus of proof) is a legal term that means the requirement to prove something. It is enshrined in the well-known...

An expert witness is a person who is engaged on your behalf to prepare a report which sets out their expert opinion on a subject matter of their...

Under that act, if you allow a company to have possession of your assets, and it goes into liquidation, then you will lose title to those assets,...

Recently, the Family Court has set aside a number of these agreements. This leaves the parties to fight out property settlement through the Courts,...

CHILD SUPPORT IN AUSTRALIA IS ASSESSED BY THE CHILD SUPPORT AGENCY (“CSA”). Child support is available to parents and carers who are caring...

A subpoena is a Court order and cannot be ignored, no matter how unreasonable it is. It remains valid unless and until it is set aside and ignoring...

Statutory demands Under the Corporations Act, a creditor can serve a demand for payment on a company, known as a “statutory demand” for...

With advances in modern medicine, this situation is occurring more and more frequently.  People may temporarily or permanently lose mental capacity,...

Matrimonial property proceedings through the Family Court can involve huge legal expenses, months of anxiety, and deep emotional scars. Most...

What constitutes a de facto relationship? A de facto relationship exists between two adults who live together as a couple, are not related and...

Effective debt collection Controlling debtors is an important part of business management. Clients who refuse to pay or pay late can destroy...

Know your customer Our clients sometimes ask us to collect debts without being able to specify the correct name of their customer. They may...

FAMILY PROVISION LEGISLATION Married couples usually have wills leaving everything to each other or, if the other has already died, leaving...

FAMILY PROVISION LEGISLATION Married couples usually have wills leaving everything to each other or, if the other has already died, leaving...

These agreements are commonly known as pre-nuptial agreements. Couples can also enter into a binding financial agreement during the marriage/de...

The specialist strata lawyers at Somerville Legal understand the complexities of strata title and community title laws and regulations. They...

Division 7A of the Income Tax Assessment Act provides that, if you or your family take money from your own company it will be deemed to be a...

When the validity of a will is tested, obviously, the person who made the will is not available to authenticate it. For this reason, the law...