Tag: article
When is a Recovery Order needed?
10-January-2014 Family Law By Simone GreenWhen the responsibility for a child’s care is shared between parents or care-givers under parenting orders, issues can still arise over the child’s care arrangements. And in the event that a parent fails to return the child to the primary caregiver,...
Parenting orders – know your obligations
8-December-2013 Family Law By adminHave you recently obtained parenting orders? The law requires you to take an active role in encouraging your children to attend and live with or spend time with the other parent, which goes beyond merely ensuring that the children are available. It...
Powers of Attorney Act changes
25-October-2013 Guardianship By Mark StreeterIn the unfortunate event that you lose the ability to manage your own financial affairs, it is common for a trusted relative, friend or solicitor to take over the management of your affairs. But it is important that you elect a Power of Attorney while...
Legal roadblock to relocating with your children
10-September-2013 Family Law By Simone GreenIt is very difficult for a parent to move interstate or overseas with their children if their former spouse does not give permission. If the other parent opposes the move, the parent seeking to relocate will need to obtain an order from the...
Keep your tweets sweet
Commercial Disputes By Mark StreeterBusiness owners should ensure they are aware of the risks associated with using social media and engaging with consumers or potential clients in this way before they start tweeting and posting online. In the eyes of the law, social media is...
How to finalise a digital death
Guardianship By Mark StreeterWhile preparing a will is seen as essential for anyone who owns property or possessions and has dependents, details and security of a person’s online accounts and profiles is often overlooked. Although the Internet is a relatively recent phenomenon,...
Secretive affair of 17 years fails de facto test
7-August-2013 Family Law By Simone GreenSince 2009, de facto relationships have been included and defined in the Family Law Act 1975. Previously, when de facto couples had a legal dispute, it was handled by State law. The 2009 amendments provided for the family courts to have jurisdiction over...
Watch out for insolvent debtors
29-April-2013 Commercial Disputes By Mark StreeterIf you suspect a company you are trading with may be insolvent, it is important you be wary of receiving any payments from that company. If a company is insolvent, any payment you receive could be reversed by the Liquidator as a "preference" at a later...
Take cautious approach to ACCC voluntary interviews
26-April-2013 Fraud and Insolvency By Mark StreeterIf you are the director of a company, The Australian Competition and Consumer Commission (ACCC) may at some point request you attend a “voluntary interview”. If a breach of what was known as the Trade Practices Act is alleged, the ACCC now has a...
Debt recovery: What is a Creditor’s Petition?
8-March-2013 Fraud and Insolvency By Jamal BakalianA Creditor’s Petition is the formal document filed in the Federal Court or Federal Magistrates Court seeking orders for the bankruptcy of the judgment debtor. The fee for a company to file a Creditor’s Petition is $2,915. For an individual,...