As an additional service to our clients we offer Title Insurance through Stewart Title. We do not receive any form of commission or payment from Stewart Title when referring our clients. Title insurance provides property owners with protection against unknown risks and is a valuable tool to manage these risks. Cover is provided for a […]
What is a Divorce? The granting of a divorce by the Court does not determine issues about the distribution of property, financial support (maintenance) or parenting arrangements for your children. A divorce merely provides formal recognition that your marriage has ended. The only ground for divorce is that the marriage has broken down and there
You want a divorce? Read More »
Just another reason to stay home! A “vacant residential land tax” applies from 1 January 2018 to homes in inner and middle Melbourne that were unoccupied for in excess of 6 months in the preceding calendar year. The new tax is in addition to land tax, the absentee owner surcharge, and the federal annual vacancy
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All restraint of trade clauses are void because they are contrary to public policy unless the restraining party can establish that the restraint is reasonable (in the interests of the parties and the public) in all the circumstances and necessary to protect a legitimate interest of that party. Restraint of trade provisions often relate to
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A restrictive covenant is an agreement restricting the way the covenantor can use his or her land. Restrictive covenants are usually used as a way to regulate land use and their purpose is aimed at preserving the value, character and amenity of the land. Examples of restrictive covenants include: limiting the number of dwellings, limiting
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Although not necessary, you can include a clause in your Will expressing your wish to donate your organs, but to ensure that your wish can be ascertained by authorised medical staff at the time of your death you should record your donation decision on the National Organ Donor Register (AODR). You should also discuss your
The Gift of Life – Organ Donation Read More »
Should you have a Shareholder or Partnership Agreement? The answer is probably yes. A partnership is an association of persons carrying on a business in common with a view of profit. A shareholder is a person who owns shares in a company, and a unit holder is a person holding units in a unit trust.
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When buying or selling a business it is important not to overlook the intellectual property aspects of the transaction. For the vendor, proper analysis of intellectual property rights can ensure that the business is properly valued. For the purchaser, it is crucial to ensure that all intellectual property assets that the purchaser wishes to acquire
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Brimelow v Alampi [2016] VSC 135 (8 April 2016) was a claim by an adult daughter against her mother’s estate for whom the deceased made no provision. Whilst the defendant had conceded that the deceased did in fact owe her daughter a moral duty and was therefore entitled to receive provision from the deceased’s estate
The question before the Court in Anderson v City of Stonnington [2016] VSC 374 (“Anderson v Stonnington”) was whether the laneway in question was a road within the meaning of the Local Government Act 1989 (“LG Act”), the Road Management Act 2004 (“RM Act”) or a highway pursuant to the common law. The Court determined
