The Law Institute of Victoria Awards celebrate outstanding law firms and individuals who truly advance the legal profession, contribute to community or demonstrate excellence in legal practice in Victoria. The Law Institute of Victoria Awards recognise exceptional contributors to the legal profession in a range of categories....

Understanding caveats in Victoria   1. What is a caveat and when can you use them? A caveat in Victoria is a registration on a title of land that claims an "estate or interest" in that land. The purpose of lodging one is to notify the Registrar of...

A power of attorney is a legal document where a person (known as the Principal) appoints substitute decision makers (known as their Attorney/s) who can make decisions for them. There are four types of Powers of Attorney Enduring Powers of Attorney (previously known as enduring guardianship power)...

Are they actually enforceable? Before the year 2000 you could not enforce Prenups or Financial Agreements made outside court – you simply couldn’t contract out of the Family Law Act entitlements. These days Binding Financial Agreements including Prenups are made all the time,  and provided that they...

Have interest rates fallen considerably since you took out your mortgage? Has your credit score or financial situation improved so you may be eligible for a lower rate? Would you like to access your equity for an investment or renovations? These are all great reasons to...

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...