As everyone will be aware, the Coronavirus (COVID-19) is having a significant impact across Australia and the globe. With the situation changing on a daily basis, our focus is keeping our people healthy and safe and assisting our clients in this ever-changing environment. Taking into account the advice of our State and Federal Governments, we […]
Are Informal Wills Valid?
An informal Will is any document that purports to be the last Will and Testament of a deceased person, despite the fact that it does not comply with the formal requirements for a valid Will as set out in section 7 of the Wills Act 1997 (Vic). An informal Will can be a document that […]
What happens to money loaned in the context of family separation?
If you have ever lent money to a family member or friend, or if you have ever received such a loan, then you may find yourself wondering how this will be dealt with in the event of a relationship breakdown. In circumstances where the recipient of a loan from family or friends experiences a relationship […]
Introducing Adam Wightman
Whyte, Just & Moore are pleased to announce that Adam Wightman has joined our team as a senior lawyer in the family law department. Prior to joining Whyte, Just & Moore, Adam worked at a mid-tier firm in Geelong for approximately 14 years. Adam has practised primarily in the area of family law since he […]
Introducing Grace Inness
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. […]
Purchasing Property: Joint Proprietors v Tenants in Common
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). […]
How did the Court determine the appropriate division of assets in a short marriage?
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 […]
Powers of Attorney: what happens when the elderly or others are subject to financial abuse and what can be done?
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 […]
Is my transfer exempt from stamp duty? Transfers between Spouses/Domestic Partners
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 […]
Retail Leases- a new way of thinking
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 […]
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