Briefly Legal by Frank Legal

Family Law: A Case Study on Service in Family Law Divorce

Posted by James Frank on Mar 17, 2017 1:13:43 PM

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on service in family law divorce that our firm has dealt with.

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Topics: Family Law, Family Law Divorce

Litigation: The equitable charging clause - a powerful tool in commercial transactions

Posted by Robert Webb on Mar 16, 2017 10:04:31 AM

Parties to a commercial transaction, particularly trade suppliers and credit providers often include an equitable charging clause in their contractual agreements.

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Topics: Commercial Litigation, Litigation

Litigation: I've got a judgement against someone, now what?

Posted by Robert Webb on Mar 16, 2017 9:54:12 AM

In Court litigation the first step to obtaining monies owed to you is to obtain a judgement. This is essentially the Court acknowledging your right to those monies and ordering the other side to pay. However, situations can occur when the person you have the judgment against is unable to, or still refuses to pay. In these situations there are several mechanisms for enforcing your judgment.

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Topics: Litigation

Litigation: Are consumers getting a bigger stick? - ACCC takedown of Nurofen producer

Posted by Robert Webb on Mar 16, 2017 9:47:56 AM

In April 2016 the ACCC obtained a judgement in the Federal Court against Nurofen producer Reckitt Benckiser (‘RB’) for misleading labelling regarding various product ranges of Nurofen. RB had been advertising these product ranges as targeting specific types of pain, and charging more for that range when in fact there was no difference between the active ingredients in the specific product ranges and the general pain range. Initially the ACCC obtained a judgement against RB for $1.7 million.

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Topics: Commercial Litigation, Litigation

Family Law: Best interests of the child (adjective)

Posted by James Frank on Mar 15, 2017 6:16:05 PM

Best interests of the child (adjective): legally, the need to protect a child from harm, maintain a meaningful relationship with both parents and other secondary considerations.

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Topics: Family Law

Family Law: Annulment (noun)

Posted by James Frank on Mar 15, 2017 6:11:43 PM

Annulment (noun): a declaration made by a judge that no legal marriage ever existed between the parties in question.

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Topics: Family Law

Family Law: Adjournment (noun)

Posted by James Frank on Mar 15, 2017 6:07:54 PM

Adjournment (noun): a ruling to postpone or defer a court date to another day due to an intervening event.

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Topics: Family Law

Estate Disputes: Full and Frank Disclosure - It's really in your best interest

Posted by Robert Webb on Mar 15, 2017 5:01:11 PM

In the recent family provision case of Stollery v Stollery heard in the Supreme Court, Garry Stollery failed to demonstrate what his true financial position was to the Court. This had the effect of drastically decreasing the Court’s willingness to award him provision from the Estate which he was making a claim on.

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Topics: Estate Disputes, Litigation

Estate & Succession Planning: A Case Study

Posted by Naomi Webb on Mar 2, 2017 4:00:44 PM

A recent Supreme Court decision prompts us to consider the importance of having a Will and what can happen if you don’t.

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Topics: Estate & Succession Planning, Wills

Estate & Succession Planning: Why is an Enduring Power of Attorney and Enduring Guardianship Instrument important for Single People?

Posted by Naomi Webb on Mar 2, 2017 3:55:38 PM

Are you single? You need Estate Planning documents!

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Topics: Wills, Power of Attorney, Enduring Guardianship

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! 

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