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. Where personal safety is involved, it can include situations like...

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...

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...