How much notice must I give an employee?
Are you seeking to terminate an employee? Do you know how much notice you must give the employee? These are questions regularly asked of us, along with best practices to avoid being on the receiving end of an unfair dismissal claim. What is a notice of termination? In short, a notice period allows an employee the opportunity to search for alternative employment, while still...
What happens if you die without a Will?
Unfortunately, many people pass away without an effective Will in place. This often happens due to the mistaken belief that, for one reason or another, a Will is not necessary. In reality though, nothing could be further from the truth – everybody should have a legally valid Will that reflects their wishes. What is intestacy? When a person passes away without a Will, they...
Changes to the Sale of Land Act: off-the-plan contracts
What are the new laws? Recent changes to the Sale of Land Act 1962 (Vic) (“Act”) by the Sale of Land Amendment Act 2019 (Vic) apply retrospectively to residential off-the-plan contracts and sunset clauses. This means that any residential off-the-plan contract with sunset clauses entered on or after 23 August 2019 must follow the new laws. What should you know about sunset clauses?...
What is Probate in Victoria?
An executor is the person (or people) appointed in the Will of a deceased person to carry out their wishes in accordance with the terms of their Will. Often, before an executor can undertake any of these tasks, they will require a Grant of Probate. A Grant of Probate is the formal authorisation from the Supreme Court of Victoria for the executor(s) of an estate to deal with the deceased...
Do I need a lawyer when buying a business?
What should I know? Buying a business can be an important moment for any prospective business owner. However, just like buying a house, there are many moving parts that you should be aware of. Sometimes, buying a business without the advice of a lawyer may cause an adverse financial impact. For example, a person may purchase a business and it does not meet the expectations as initially...
What to do if I have been left out of a Will?
Dealing with the death of a close family member is always a very difficult and emotional time. Finding out that a family member has left you out of a Will can often make this traumatic time even more challenging. The Administration and Probate Act 1958 (Vic) provides the mechanism which makes it possible for you to seek a greater provision from the estate, under certain...
What is a Power of Attorney?
A General Non-Enduring Power of Attorney authorises your appointed attorney(s) to make decisions on your behalf in relation to financial affairs only. Powers of Attorney provide authority for another person to make decisions on your behalf, during your lifetime, in relation to financial, personal and medical treatment matters. All Powers of Attorney cease effectiveness upon your...
What is a Will, and why it is important?
If you are intending to exclude someone from your Will whom may otherwise be eligible to make a claim against your estate, it is highly recommended to seek expert legal advice on how this can be achieved. A Will sets out who is to receive the benefit of your estate and under what circumstances, after you have passed away. There can be common misunderstandings about a Will. So, here...
Can I challenge my speeding ticket in Victoria?
Have you received a speeding ticket in Victoria? Most drivers will, at one time or another, get caught for exceeding the speed limit. Speeding offences can lead to significant fines being imposed,the accumulation of demerit points against your driver licence, andthe automatic mandatory suspension of your driver licence (should you exceed the speed limit by 25 km/h or more). If you are...
What are Unfair Contract Terms?
What are Unfair Terms? Have you recently signed an unfair contract as a small business operator? If so, your small business may be protected under Australian Consumer Law (“ACL”). The ACL protects consumers from unfair terms in a contract. On 12 November 2016, the ACL was amended to extend the protection from unfair terms to small businesses. Is my small business protected? ...
Served with Court documents, what should you do?
If you have been served with Court documents, the Court documents might show allegations that you owe money, or requires you to attend Court on a particular date. What should you do? Read the Court Documents If you have been listed as a Defendant (sometimes referred to as the Respondent), then the proceeding is civil, meaning there is no immediate risk of criminal charges. There...