Whyte Just & Moore are happy to announce that Grace Inness is now working with us in the capacity as a lawyer. Grace, who has authored the below article, “Purchasing Property: Joint Proprietors v Tenants in Common”, was previously employed by us as a Personal Assistant whilst she completed her law degree through Deakin University. […]

When property is purchased by two or more people, it is important to consider the “manner of holding”. That is, whether the property will be held as joint proprietors or tenants in common. When property is held as joint proprietors, if one of the owners dies, the property will automatically pass to the surviving owner(s). […]

The recent case of Agius & Jersey [2019] FCCA1319 is an interesting case about a short marriage, financial contributions by the Husband and significant future needs of the Wife. This case shows the process of considering the length of the marriage, the asset pool size, the financial and non-financial contributions of each party and the […]

We are sadly all too aware that financial abuse can and does take place in our communities against elderly and vulnerable people whom we should be protecting. A recent WA case highlighted this where an elderly woman with dementia, who did not have any Powers of Attorney in place, was taken advantage of by her […]

The transfer of real estate between spouses or domestic partners is often considered for asset protection and/or taxation purposes. However, the stamp duty implications of any such transfer should also be an important consideration as a significant stamp duty liability may make such a transfer unfeasible (even in light of any asset protection/taxation benefits). The […]

The changes in the law applying to retail leases has been quite significant in recent times. The term “retail premises” is defined in the Retail Leases Act 2003 (“the Act”) to include “premises that are used, or are to be used, wholly or predominantly for the sale or hire of goods by retail or the […]

A personal guarantee is an agreement that makes one or more people liable for another person’s debts. Common examples include: – parents providing guarantees for their children; – a husband/wife providing a guarantee for their spouse; or – a director providing a personal guarantee for a company. For instance, banks generally require a personal guarantee […]

In an age where advances in technology are becoming ever more intertwined with everyday life and cars can park themselves, from time to time we are asked whether Wills need to be written or can take another format such as a video? It has long been the case that to make a valid Will, it […]

Whyte Just & Moore are excited to introduce Carmel Woodward who commenced with us at the beginning of this year.  Carmel is an accomplished lawyer and an accredited specialist in both Wills & Estates and in Commercial Tenancy Law. Carmel became an Accredited Specialist in Leasing in 2005 and an Accredited Specialist in Wills & […]

Many businesses with two or more owners are run as a company. Business owners are often concerned with running the business efficiently and professionally that they do not remember to have in place a shareholders’ agreement to protect their interests. A shareholders’ agreement will detail the relationship between them and how they will respond in […]