Briefly Legal by Frank Legal

Litigation: Houghton v Arms - Employees Personally liable for Misleading and Deceptive Conduct

Posted by Robert Webb on May 26, 2017 11:27:49 AM

Employees have long enjoyed the basic legal protection of the ‘corporate veil’. This principle, also known as vicarious liability, means that company or employer will be held legally responsible for the wrongful actions of the company’s employees carried out in the course of their employment. In practice this means that even when an employee botches a job due to their own negligence or lack of skill and diligence, the person directly affected nor anyone else can sue that employee personally. This principle has long been recognised as fundamental to our legal system.

Read More

Topics: Commercial Litigation

Litigation: I've been asked to provide an 'all-accounts' guarantee

Posted by Robert Webb on May 26, 2017 11:16:36 AM

An all-account guarantee is a broad guarantee that you, or the prospective guarantor will pay all money owing from the borrower to the lender. Crucially, an “all-accounts” guarantee is not limited to the original loan, but can include: 

Read More

Topics: Commercial Litigation

Family Law: Lives with vs Spends time with

Posted by James Frank on May 16, 2017 10:19:33 PM

Lives with (verb/noun): family law term used to describe the parent who provides predominant care and with whom the child makes their home; the new ‘plain English’ way to describe ‘custody’.

Read More

Topics: Family Law Parenting, Family Law

Family Law: Just and Equitable (adjective)

Posted by James Frank on May 16, 2017 8:14:58 PM

Just and Equitable (adjective): to suitably reflect the relevant circumstances of the parties, including the current division of assets, contributions and future needs, when determining how the assets of a relationship are to be divided upon its breakdown.

Read More

Topics: Family Law Property Settlement, Family Law, Family Law Property

Family Law: Irreconcilable Differences (noun)

Posted by James Frank on May 16, 2017 8:07:24 PM

Irreconcilable Differences (noun): a catch-all term used to describe the circumstances which render a couple unable to continue living together and suitable to seek divorce.

Read More

Topics: Family Law, Family Law Divorce

Family Law: A Case Study on Relocation and Families

Posted by James Frank on May 16, 2017 7:59:48 PM

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on relocation in Family Law compiled from a number of matters our firm has handled.

Read More

Topics: Family Law Parenting, Family Law

Estate & Succession Planning: Why do I Need to Review my Estate Planning? - A Practical Example

Posted by Naomi Webb on May 9, 2017 10:00:25 AM

We can’t emphasise enough how important it is to regularly review your Estate Planning documentation.

Read More

Topics: Estate & Succession Planning, Wills

Estate & Succession Planning: Why do I Need to Review my Estate Planning? - Changes to Legislation

Posted by Naomi Webb on May 9, 2017 9:48:47 AM

Changes in laws such as succession law, superannuation law or trust law can mean that you will need to review your Estate Planning documents to ensure that the strategies that you have implemented are still applicable and relevant.

Read More

Topics: Estate & Succession Planning, Wills

Estate & Succession Planning: Why do I Need to Review my Estate Planning? - Changes in Financial Circumstances

Posted by Naomi Webb on May 9, 2017 9:39:58 AM

Changes in your financial circumstances should be another trigger for you to review your Estate Planning documents.

Read More

Topics: Estate & Succession Planning, Wills

Estate Disputes: How a Court sorts out family drama in a family provision claim

Posted by Robert Webb on May 3, 2017 10:25:36 AM

In a case involving the Sellak family in the Supreme Court the deceased, Tom, had three children Bradley, Scott and Tracy. When Tom passed he left the bulk of his estate to the executrix, his daughter Tracy. The residue of the estate was to be distributed between Bradley and Scott and Tom’s three grandchildren by Scott - Aleisha, Jeremy and Bianca. Tom left most of his estate to his Tracy – here is why.

Read More

Topics: Estate Disputes

The Briefly Legal Blog

By Frank Legal

The Briefly Legal Blog is a place where we publish information, articles and posts that we think are of interest and helpful to our clients, referrers and our community. 

We believe that education empowers and The Briefly Legal Blog's aim is just that, to provide relevant, considered and timely information so that our readers can be educated and thus empowered. 

If you have any questions then please give us a call on 02 9688 6023, email us at info@franklegal.com.au or leave us a comment! 

Subscribe to Email Updates