Part 2  of Debt Recovery Series Checking What Assets and Income the Debtor has before you enforce your judgement SUMMONS FOR ORAL EXAMINATION (SOE) The SOE is best utilized if you have no information about the debtor’s financial position. If you obtained a judgement debt, on your request and...

Changes to the law proposed- may disadvantage those left out of family member's wills. Currently in Victoria if a family member who was left out of a  Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide...

Part 1 of Debt Recovery Series   by Maria Rigoli and Damian Ballan CHASING MONEY: THE LETTER OF DEMAND (LOD)  A LOD is sent to a person or organisation who owes you money (the debtor) following your supply to them of goods and services.  The LOD advises the...

Mediation in Family Law Matters It is compulsory to attempt formal mediation in family law matters, before one can go to court to get orders relating to children.   There are some exceptions to this rule.   If the matter settles at mediation there also advantages and disadvantages...

Family Law Orders can counteract Fake Transactions  Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to  defeat the interest...

Fraud upon the elderly is becoming more and more widespread and sophisticated. Presently there does not appear to be any unified Australian legislation which protects older people from this type of abuse.   In a 2011 study conducted by the Crime Research Centre of the University of...

WILLS AND FAMILY AGREEMENTS: WHAT CAN GO WRONG There are a significant number of generous parents these days who purchase properties for their adult children based on family "understandings" that are never recorded, only verbal. The agreement varies from family to family and can include arrangements anywhere from...

The New Personal Properties Securities Act 2009 (PPSA) explained   How can you check ownership of goods for business sale? What is PPSA?   The PPSA is legislation which changes the way security interests in personal property are dealt with across Australia.    The PPSA rewrites the law on traditional securities...

Starting or Buying a New Business- Which Structure?   WHAT IS THE BEST LEGAL STRUCTURE FOR A START UP BUSINESS? The importance of getting your structure right when buying or starting up a small business cannot be underestimated.  For example, there are capital gains tax concessions which are...

Intervention Orders - What to do if you are served with one Breaching an intervention order is a criminal offence, with a maximum penalty of 2 years imprisonment or a fine up to $24,000, or both Many intervention order matters will arise out of a related...

Many family law clients come to their lawyers with incorrect assumptions about their rights, and their ex- spouse's rights after separation. Here are some of the most common myths, questions and answers: Myth 1. "If I move out  I lose my entitlement to the house/  I...

Legal principles applying to family violence: The family law presumption of “equal shared parental responsibility”, does not apply in cases where there is child abuse or family violence The requirement that people attend mediation does not apply if there is family violence or abuse A fear or apprehension...