COVID-19 | What constitutes “exceptional circumstances” for the purpose of setting aside a Binding Child Support Agreement?
As discussed in our previous article, Binding Child Support Agreements are extremely difficult to set aside. There are only limited ways an Agreement can be terminated such as through the creation of a new Agreement, by entering into a “termination agreement” or by way of Court Order. Background The recent decision of Martyn & Martyn […]
ReadmoreCOVID-19 | Emergency Measures in Victoria – Electronic execution of deeds and mortgages, and remote witnessing
On 24 April 2020, the Victorian Government’s COVID-19 Omnibus (Emergency Measures) Act 2020 received Royal Assent. That Act made sweeping changes in various areas, on a temporary basis, to address many practical issues being faced due to the various restrictions in force to seek to minimise the spread of COVID-19. That Act permitted the Governor […]
ReadmoreLife cycle of litigation beyond life: deceased estates
What do you do when there is no-one to sue? In the Supreme and County Courts in Victoria, there is a civil procedure when the defendant is deceased or dies and a cause of action survives. See below our overview of this procedure. Click here to view the full size PDF. […]
ReadmorePutting your relationship to bed before jumping into another
As the composition of the Australian family continues to evolve and the number of blended families continues to rise, individuals exiting one relationship and entering another should not underestimate the importance of first finalising their financial relationship with their former partners. For many people, the breakdown of a marriage or de facto relationship involves significant […]
ReadmoreBlended families and the 1 November 2017 changes to succession legislation
On 1 November 2017, the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 (the Amending Act) came into operation. 1. Intestacy In Victoria, if a person dies without a valid Will (intestate), or with a valid Will but such Will does not deal with all of their assets (partially […]
ReadmoreDeath tax? How the superannuation changes may lead to your dependants paying more tax
If you intend to leave your superannuation to a dependant (e.g. your spouse, child or children) by way of pension as opposed to a lump sum, then it is critical that you have your estate plan reviewed in light of the government’s superannuation changes commencing on 1 July 2017. What are the relevant changes? […]
ReadmorePossession Proceedings Against Deceased Estates in Victoria
Where a registered proprietor of real property is deceased, in Victoria court proceedings may be commenced against the personal representative of the estate. The personal representative is identified by the grant of probate or letters of administration. In some cases an estate does not have a personal representative appointed. This can be due to the […]
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