The new Powers of Attorney Act 2014 (Vic) (Act) comes into effect as of 1 September 2015. There are new prescribed forms that need to be used from that date onwards. There are now 4 powers of attorney Non-enduring powers of attorney (previously called general powers of attorney). Enduring...

Why incorporate? Main advantages: Incorporation protects board members from most instances of personal liability by creating a separate legal entity.  The company instead of the individual can enter contacts, hold assets and can sue or be sued. Basic principles of the entity and its operations are...

In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’...

The law of business leases The primary legislation covering retail leasing in Victoria, and for most shops and businesses - is the Retail Leases Act 2003 Vic (the Act) and the Retail Leases Regulations 2003 Vic (the Regulations). The commencement date for the Act and Regulations was...

Can a family violence intervention order be appealed? If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision  but you need to ensure that this is done within...

What is the legal meaning of a deposit? The purpose of the deposit for a purchase of land contract- is to show that the purchaser is serious in completing the transaction.   The deposit is usually paid at the time that the contract is signed by the...

Part 3- of debt recovery series: Using Warrants to Sell Goods & Land This is the most commonly used enforcement procedure and is generally used by a judgment creditor when they believe you own personal property, which can be seized to pay the judgment debt. The Sheriff is...

Common questions about deceased estates and what executors need to do: Many people do not know where to start after the death of a loved one.  Family members or close relatives will often not know where the last will is.  Common questions about how to organise...

The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren.    Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In...

There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Personal Safety is applicable to situations where stalking, harassment or...

What is an Occupancy Permit? An occupancy permit tells anyone interested in purchasing a newly built or renovated property that the property is suitable for occupation. Occupation of the home is not permitted until the certificate is issued: it is otherwise an offence.   The occupancy permit is different...