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I’m separating, what do I do next?

By Janelle Easom, Paralegal, Family Law

Here are five important things you should do after you have separated from your partner.

Seek advice from an experienced family lawyer

Take advice from a legal practitioner on your rights, obligation and entitlements. Take the emotional support and comfort of your friends and family members but not their legal advice, if they are not legally qualified.

Gather information

Be prepared to have all your financial documents …

Who can lodge a caveat?

By Alexandra Johns-Putra, Lawyer, Commercial Services

A caveat is a formal notice or warning lodged against the title of a property, which stops any person including the registered proprietor (owner) from dealing with the property.

The purpose of a caveat is to preserve and protect the rights of the caveator (the person lodging the caveat). The effect of a caveat is that any person intending to deal with the property …

Can my ex take my child from me?

By Jarred Johnston, Lawyer, Family Law

Relocation cases in Australia, where one parent seeks to move a child away from the other parent, are difficult to resolve. These cases become even more problematic when it is perceived by the non-relocating parent that the relocation is motivated by vengeance, bitterness, anger or simply to ‘get back’ at the non-relocating parent.

Some important questions to ask are:

Will the relocation be intrastate, …

Special Conditions: How capitalised letters can change the meaning of a contract

We are often asked whether there is a difference between using capitalised and non-capitalised words when drafting special conditions in contracts for the sale of land.

When a dispute arises between a buyer and seller of a property, the meaning of terms used in the special conditions of the contract are crucial in determining the intentions of the parties to the contract.

Some words are defined in the general conditions are each …

  • Posted: July 27, 2017
  • Tags: Property
  • Comments: 0

I’m pregnant and separated: Can I get financial support?

By Janelle Easom, Paralegal, Family Law

Are you an expecting single mother who is not married to the father of your unborn child? If yes, then the next piece of information may be relevant to you.

Section 67B and Section 69C of the Family Law Act 1975 allows expecting single mothers to apply to the Family Court of Western Australia to have the father of the unborn child provide financial …

Watch Out: How the changes to the Restraining Orders Act 1997 (WA) affect separation

By Jarred Johnstone, Lawyer, Family Law

On 1 July 2017, a new type of restraining order was introduced, namely a ‘Family Violence Restraining Order’ (“FVRO”). This is in addition to the existing ‘Violence Restraining Order’ (“VRO”) and ‘Misconduct Restraining Order’ (“MRO”) that separating families have come across.

As the name suggests, FVRO’s apply in circumstances where the parties are in a family relationship.  This definition is very broad.  It is …

What you need to know: Capital gains withholding payments

By Narinder Jessy, Legal Practitioner Director

What is this all about?

The Government introduced measures to prevent foreign investors from evading their tax liabilities or from fraudulently claiming tax exemptions to which they are not entitled especially the main residence capital gains tax exemption.

The measures introduced include a requirement for buyers acquiring properties valued at $750,000 and more to withhold 12.5% of the purchase price and to pay that money to …

Who pays the school fees?

By Jarred Johnstone, Lawyer, Family Law

As a general rule, a parent cannot be required to pay additional child support for private school fees. After all, the purpose of child support assessments is to ensure, as far as possible, that children receive proper and adequate support.

However, a parent may be required to pay additional child support for private school fees where there is either:

a previous agreement by the …

Buying a business in WA: Four questions every buyer should ask

By Stephanie Reeves, Paralegal

Are you thinking of buying a business? Consider these four things before taking the plunge into business ownership.

1. What is the business’s financial position?

Start by examining the business’s operations, financial performance, legal and tax compliance, consumer contracts and intellectual property and assets. This process of pre-purchase evaluation of a business is commonly known as “due diligence.” The due diligence process will enable you to verify the …

The Impact of the Personal Property Securities Act 2009 (Cth) on Commercial, Retail and Industrial Leases – Article Summary

By Alexandra Johns-Putra, Lawyer

The Personal Property Securities Act 2009 (Cth) (“PPSA”) introduced a national register for the registration of personal property security interests. The Personal Property Securities Register (“PPSR”) is an online register of security interests held in personal property.

A security interest is an interest in personal property that secures payment of a debt or other obligation. Registering a security interest on the PPSR “perfects” the security interest and gives the …

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