Dying intestate in Australia is generally a bad idea, both from the point of having no control over the distribution of your estate and because there is no Federal legislation governing intestacy; how it is handled will vary state to state. It’s important for people of all ages to create a will so they can dictate what happens to their assets and make it simpler for their families to navigate and handle their estate.

Testamentary trusts are one of the more obscure branches of estate planning and, at first glance, appear to be very complex and only appropriate for niche situations. In truth, testamentary trusts are far less daunting than they first appear and offer a multitude of benefits for your beneficiaries, while also allowing you more control over your estate than a run of the mill will would allow. 

The Crimes Legislation Amendment (Coercive Control) Bill 2022 (NSW) passed parliament on Wed 16 Nov 2022. It creates a dedicated offence for coercive control under the Crimes Act 1900 (NSW).

In today’s modern age of smartphones, smartwatches and other electronic devices, recording audio and video in real-time is ever easier. The cost of installing recording devices in the home and business premises has also gone down. Given the prominence of such devices in our daily lives, questions about privacy and limitation of their use comes into question. For example, can we record private conversations? Can we use them as evidence in a dispute?

In May 2022, the FWC completed their four yearly review of the modern awards, including consideration of whether modern awards should be varied to include paid FDV leave. As part of its review the FWC made significant findings in relation to FDV:

When you think of domestic violence, the first thing that comes to mind is most likely physical or verbal abuse. However, domestic violence includes a wide variety of acts and behaviours, many of which you may not be aware of. One example of this is coercive control.

Generally, a de facto relationship boils down to you and your partner having a relationship, living as a couple for two years but not being married. However, when a de facto relationship ends has always been somewhat unclear.

Since 2018 the National Employment Standards (“NES”) have made a provision for 5 days unpaid domestic violence leave as a minimum entitlement for all federal system employees, which is most people.

Domestic violence leave allows employees to take leave if they need to deal with family violence and/or domestic violence and it is not practical for them to do so outside of their ordinary hours of work. The employee could take the leave to go to court, communicate with the police or take steps to ensure their safety or the safety of their family.

A large proportion of family law matters deal with children after the breakdown of a relationship. This leads many parents to ask: ‘What are my rights are as a parent?’

What is a Power of Attorney?

There are two main types of power of attorney:

• a general power of attorney ends when you lose the capacity to make your own decisions

• an enduring power of attorney continues even after you lose the capacity to make your own decisions.

The safety and wellbeing of our beloved pets are understandably at the forefront of many of our minds at times. Domestic Violence NSW explained that perpetrators of domestic violence will often threaten to harm or kill animals to gain control in the relationship.

Are you or is someone in your family currently living in a granny flat?

61% of households in Australia own pets, According to Animal Medicines Australia, and most people consider their dog or cat as a member of their family .

So what happens when the family is broken up through divorce or separation. Who has custody over their pets and how is this decided by Australian courts?

We are living in unprecedented times. With a rise in Family Law and domestic violence cases as our out of home movements and activities become more restricted and strain on our mental and economic well-being increases, understanding the changes being made in Australia to support those most vulnerable is vital.

There are considerable new legal developments around domestic violence to report this month.

Shocking results of research into Domestic Violence in NSW.

When you settle your family court matter and arrive at a final property settlement, it is generally assumed by members of the general public that is that, it's final and everyone can move on. However, your final settlement may not stop ex-spouses from making a future claim on your estate. Unfortunately, this was the case for Dr. Lodin and others alike. An appeal case has recently been decided in the NSW Court of Appeal on this matter.

The simple art of conversation, but is it so simple? I am passionate about communication and its ability to make our lives better. It is very sad to see how breakdown in communication leads so quickly to breakdown in relationships. Relationships in business, in workplaces and at home. I don’t think in our modern society there would be anyone who could not tell you a story about relationship breakdown and the devastating effect it has had on them or someone very close to them. Relationship breakdown is emotional, time consuming and can be costly.