Legal Articles

Workplace Health and Safety

by | Employment

Most business owners and managers understand the importance of ensuring employees and others feel safe and well cared for in their workplace.  Unfortunately however, workplace deaths and serious injuries continue to appear in news reports on a regular basis.  There are many other workplace complaints such as minor injuries, hearing loss, chemical injuries, bullying and… Read more »

Why Register a Lease?

by | Conveyancing, Property & Leases

Having a good lease in place is vital to the security and value of your business.  While negotiating certain terms (such as a lower rent) is important to making sure the business is profitable while in the property, a tenant also needs to consider if the lease should be registered. So, why register a lease… Read more »

Business succession often occurs in an orderly fashion due to people retiring or moving on to other ventures. Sometimes, however, the transition can be unplanned, rapid and more costly where a proprietor suffers financial hardship, illness, death or divorce. Where a business is sold or transferred in a ‘fire-sale’ situation, without the benefit of the… Read more »

Making E-conveyancing (electronic conveyancing) mandatory in South Australia has been on the cards for some time. On 20th March 2020 as the COVID-19 pandemic escalated in Australia and around the world, Land Services SA announced the closure of their conveyancing Settlements Room as a precautionary measure. The Registrar General of the Land Titles Office has… Read more »

We may all be frustrated with the COVID-19 (Coronavirus) crisis, but can it lead to frustration of contract, where either party may be entitled to terminate? It might. For example, if you bought a ticket to the football or a show, apart from getting the price of your ticket back, you can’t sue for loss… Read more »

Can Grandchildren Challenge A Will?

by | Contested Estate

Generally, a person has the right to make a Will and leave their property to whomever they like. However in some circumstances, a limited group of family members (also known as an “eligible person”) can contest a Will. So, can grandchildren challenge a Will? If the Court considers that an eligible person (such as a… Read more »

Contesting A Will After Probate Granted

by | Contested Estate

We are often asked about contesting a will after probate granted. Generally, the people asking this question are family members of a deceased who have been left out of a Will or have received inadequate provision from the estate. If you consider yourself in this situation, then speak to our probate lawyers today. Overview: Contesting… Read more »

A vexed question which frequently confronts many a Will maker, is how can a benefit left in a Will be protected if the beneficiary later experiences a marital or de facto relationship breakdown? You might find yourself wondering, ‘can a divorced spouse inherit?’.  In Australia, it can be difficult to quarantine inheritances in divorce settlements…. Read more »

De Facto Relationships a Matter of Time

by | Family

Recent decisions of the Full Court of the Family Court re-emphasize the importance of keeping a keen eye on dates when living in a de facto relationship. De Facto Relationships – Critical Dates There are two critical dates that should be borne in mind. The first date is the date on which cohabitation in a… Read more »

If your marriage or de facto relationship has ended, it’s crucial that you finalise your divorce property settlement (either by consent or through the Family Court) as soon as possible. But what happens if someone dies before the settlement is final? It ultimately depends on when the death occurred. Keep reading to learn more about… Read more »

What Are Mutual Will Contracts?

by | Family

Mutual Wills are an ideal solution for modern families, as they are becoming increasingly complex in their structure. In 2016, approximately 6.4% of families were “step-families” –  that is, families composed of two adults and one or more children who are not the biological or adopted child of one of the adults. Almost 3.7% of… Read more »

Commercial Lease Disclosure Statements

by | Property & Leases

Can I get out of a commercial lease because I did not receive a disclosure statement? In South Australia, commercial tenants are protected by the Retail and Commercial Leases Act, 1995 (RCLA). The RCLA requires in Section 12 that a prospective tenant receive a Disclosure Statement from the landlord before the lease is signed. A… Read more »

What is the Duty of Disclosure?

by | Family

When you’re separating, you and your former spouse have a duty to give each other all the relevant information about your respective financial situations – this is called the duty of disclosure. The parties and the court are entitled to this information so that they can form an accurate picture of each party’s income, expenses,… Read more »

MUTE THOSE THOUGHTS! In the eternal struggle between individual liberty and social cohesion, one aspect where this is now playing out involves freedom of expression vs contractual obligations to employers and the arena is Social Media. The famous Australian rugby player, Israel Folau, sent out this Instagram post: “Warning – Drunks, Homosexuals, Adulterers, Liars, Fornicators,… Read more »

Have you received a Statutory Demand and not sure what to do?  We stress the need for absolute precision within an absolutely finite time in applying to set aside a Statutory Demand. A Statutory Demand is a statement, in a particular form, that a company owes a sum of money and that there is no… Read more »