Publications

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 […]