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Divorcing when separated under the same roof

Scott and Fiona have been married for 8 years and have decided that they would like to separate and divorce. The parties still remain living separately under the same roof. What is required for Scott and Fiona to divorce? In Australia, a divorce can be … Continue reading

Extending Consumer Unfair Contract Term Protections To Small Business

The Australian Consumer Law currently contains protections for consumers against unfair contract terms in standard form contracts. The Federal Government has now extended these protections to small businesses. The new legislation was passed into law in October 2015 and will be enforced from later this year. This … Continue reading

The Removable Granny Flat

Granny Flats are also known as Removable Units, but in ‘Council speak’ they are Dependant Persons Units (“DPU”). According to Knox City Council: “A dependent persons unit is described as a movable building on the same lot as an existing dwelling and used for … Continue reading

Self-Managed Super Funds: Obtaining a Loan for Investment Properties

Since legislative changes allowed self-managed superannuation funds (SMSFs) to obtain loans to purchase real property, there has been an increase in such investments. It is not difficult to understand this trend, given the concessional tax implications available through these investments. … Continue reading

Do I need to provide for an estranged adult child in my will?

Unfortunately, there are many reasons why adult children are estranged from their parents. A recent N.S.W case has highlighted a subtle change in the attitude of the Court to the moral obligation of a Testator to provide for such a … Continue reading

International Wills

Succession law in Australia has recently been simplified, with the government adopting the Convention Providing a Uniform Law on the Form of an International Will 1973.  All Australian states and territories have passed legislation to implement the convention, which came … Continue reading

World Elder Abuse Awareness Day

Hutchinson Legal is supporting World Elder Abuse Awareness Day (WEAAD) on Monday 15 June 2015. Elder abuse is more prevalent in our society than people know. Consider the following scenario. Bill lives in his son Richard’s house and pays rent … Continue reading

Can my Enduring Financial Attorney sell my property?

This is a question which takes centre stage in many different ways, particularly in these times of increasing dementia and increasing costs of residential care. Consider this scenario: Joan has lived in her home for all of her married life, … Continue reading

Caveat Venditor (Let the seller beware)

If you have sold, or considered selling a business, did you really understand (or even read) the Authority that you are expected to sign with the Business Broker? When you are selling your business it is usual to use the … Continue reading

No Will – and Stepchildren

Blended families present unique traps and pitfalls when it comes to estate planning. A recent matter highlights the importance of estate planning particularly when there are new partners and stepchildren involved. A man died leaving only a Will from his … Continue reading