Briefly Legal by Frank Legal

Estate Disputes: I didn’t even know I could bring a family provision claim!

Posted by Robert Webb on Dec 8, 2016 2:26:50 PM

The law states in New South Wales that you cannot make a claim for family provision one year after the deceased’s date of death without leave (permission) of the court. Therefore when you do bring a family provision claim out of time the court will consider relevant factors such as:

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Topics: Estate Disputes, Litigation

Estate Disputes: The corporate veil closes on your family provision claim

Posted by Robert Webb on Dec 8, 2016 2:22:56 PM

One of the primary benefits of using a corporate structure is that a company is a separate legal entity in the eyes of the law. This protection is known as the corporate veil and means that in all but limited circumstances the Director cannot be held liable for the debts of the company.

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Topics: Estate Disputes, Litigation

Estate & Succession Planning: On the second day of Christmas my true love gave to me...the Sydney dream of owning property!

Posted by Naomi Webb on Dec 8, 2016 11:36:33 AM

If you’ve ever had renovations or a new house built, you’d be familiar with the wish… “To be moved in before Christmas!” It means you can share the excitement of Christmas with your family by welcoming them into your new home.

If you have been able to move in on time, it’s important to update your Estate Planning documents to reflect the new property that you’ve acquired. Property can significantly change the value of your estate, and therefore may change the way you would like your estate distributed.
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Topics: Estate & Succession Planning, Wills

Family Law: How to split Superannuation in a Family Law property settlement

Posted by James Frank on Dec 8, 2016 8:55:56 AM

So, you and your former partner have reached an agreement about your family law property settlement. Part of the agreement is that you receive some of your former partner’s superannuation. But…how do you go about executing this?

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Topics: Family Law Property Settlement, Family Law, Family Law and Finance, Family Law Property, How to

Family Law: How to...minimise costs in a Family Law property settlement

Posted by James Frank on Dec 8, 2016 8:45:49 AM

If you are separating and looking to obtain legal advice for a family law property settlement, you may be a bit shocked at the costs. After all, no one budgets for family law.

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Topics: Family Law Property Settlement, Family Law, How to

Family Law: How to…prepare an affidavit – Part 2: The process

Posted by James Frank on Dec 8, 2016 8:41:13 AM

An Affidavit is your sworn version of events. Even if your solicitor is drafting the affidavit with you, this ‘how to’ will give you some insight into the process of preparing an affidavit.

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Topics: Family Law Property Settlement, Family Law Parenting, Family Law, Family Law Divorce, How to

Family Law: How to…prepare an affidavit – Part 1: What is an Affidavit?

Posted by James Frank on Dec 8, 2016 8:37:58 AM

An affidavit is basically your sworn version of events. An affidavit sets out the facts and reasoning upon which you are making in your submission to the Court.

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Topics: Family Law Parenting, Family Law, Family Law Divorce, Family Law Property, How to

Family Law: An Introduction to our Month of 'How To...'

Posted by James Frank on Dec 8, 2016 8:34:16 AM

There are many unfamiliar processes and documents involved in preparing for a family law matter. Some of these things are quite straight forward. However, some family law processes are quite complex and may leave you feeling a little out of your depth.

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Topics: Family Law Property Settlement, Family Law Parenting, Family Law, Family Law Divorce, How to

Business & Corporate: The (awkward) consequences of an unfair dismissal claim

Posted by Andrew Graham on Dec 6, 2016 4:52:57 PM

What happens when you find yourself subject of your employee’s successful unfair dismissal claim? The court’s powers include: 

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Topics: Business and Corporate, Employment Law

Business & Corporate: Is your non-compete not complete? Don’t let your competitors poach your employees

Posted by Andrew Graham on Dec 6, 2016 4:42:53 PM

It is very common for employment contracts to have a ‘restraint’ or ‘non-compete’ clause. However, if these are not properly drafted they will be unenforceable and useless.

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Topics: Business and Corporate, Employment Law

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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