Legal Opinions and News
“I give devise and bequeath…”, this is a commonly employed phrase by will-makers, also known as testators, when they wish to gift properties to beneficiaries. Despite the good intentions of the testators, gifts under a will do fail from time to time, and sometimes it is because the way the will had been drafted.
We all know what a will is and what it does. When a person dies leaving a valid Will, it becomes a set of instructions to the executors of the estate as to how the will maker wishes to dispose of his/her assets. However, what most people do not know, is what makes a will valid or invalid, what can and cannot be dealt with under a simple will, and what happens when circumstances change...
It has long been the case that using the financial resources of a company to enable a shareholder to acquire shares in that company is objectionable and the reason for it...
It seems that the weight of judicial authority is moving towards confirming what has been the position in Victoria for many years and that is, that the statutory priorities regime set out...
A recent decision in the Victorian Civil and Administrative Tribunal (VCAT) may give purchasers some disquiet.
Businesses need to be mindful that a breach of the Australian Consumer Law (ACL) can occur by the making of misleading statements about the extent of or the availability of a consumer...
In a recent decision at VCAT, a tenant was able to walk away from a retail premises lease because of the failure of the landlord to repair a faulty air-conditioning unit.
In a recent Queensland case Parkinson -v- Mackay Sugar [2018] QSC168 the Court looked at the meaning of the words “in consultation with”.
From 7th December 2018, the Insolvency Law Rules have been amended so that related parties are no longer to vote at a meeting of creditors for the replacement of a liquidator...
The Treasury Laws Amendment (Accelerated Depreciation for Small Business Entities) Bill 2018 has now passed through Parliament without amendment.
Recent changes to the Corporations Act 2001 establishes a regime that prevents creditors from exercising certain termination rights.
It is an unfortunate fact of commercial life that from time to time businesses become involved in disputes with each other, their customers, suppliers, financiers, tenants, landlords and...
A testamentary trust works in tandem with
a will, and is similar to a discretionary trust,
with the major difference being it only takes
effect upon the death of the person who
made the will.