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Binding Financial Agreements: are they worth the paper they’re written on?

A recent decision by the High Court of Australia, known as Thorne v Kennedy, has caused a stir in the press and in the legal fraternity, because it has been viewed as calling into question the use of Binding Financial Agreements, especially what are colloquially known as “pre-nuptial agreements”. For years, family lawyers have been […]

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What is a testamentary trust and why should I have one?

A testamentary trust is, put very simply, a trust that is established within your will. As such, a testamentary trust does not begin to operate until and unless you die. This differentiates testamentary trusts from other trusts that may be established to operate during your lifetime, which we lawyers call inter vivos trusts (commonly known […]

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Loans or gifts to your children: what happens when their relationship or marriage breaks down?

In these challenging economic times, when housing affordability has become out of reach for an increasing number of young Australians, it is all too common for parents to give them financial help to their adult children.   This is particularly the case as children start thinking about settling down and living the Australian dream of […]

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The top 10 myths and misconceptions about wills

  Let this thought sink in for a moment: only about half of Australians have a legal will.   There are many reasons for this alarming statistic and it would appear that most of them are based on misunderstanding the critical importance of wills.   A will is the only proper way that you can determine how […]

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Electronic conveyancing is here: what it means to property investors

After years of debate and consultation, electronic conveyancing in South Australia is finally here, the birthplace of Torrens Title system of real property ownership, with fundamental changes to the way in which land transactions are carried out “online” having already taken effect. The changes not only affect how practitioners such as solicitors and conveyancers carry […]

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