Prior to 12 May 2020, a Will and Power of Attorney would only be validly executed in Victoria if it was physically signed in the presence of two adult witnesses. The Electronic Transactions (Victoria) Act 2000 specifically excluded Wills from being able to be validly...
How will the merger of the Family Court and Federal Court affect you?
Before the merger of the Family Court and Federal Court this year, the Family Court was used to deal with complex matters. On the other hand, the Federal Court was used to take the load off the Family Court by dealing with less complex matters. They had less formal...
How Matthies Lawyers can help you when your Pet has a medical problem…
Purchasing or adopting a pet can be extremely exciting, as pets are often treated like another member of the family. In most cases, people purchase their pets from pet shops, professional breeders or private sellers; or they choose to adopt them from animal shelters...
Succession Planning And Wills & Estates
When a person dies their Will comes into effect to deal with their estate, but what happens if both parties/ parents/ business partners die at the same time? Whose Will takes first effect? The Succession Act 2006 regulates how an estate is distributed upon the death...
Pet Custody Following A Relationship Breakdown
Pets are often treated as another member of the family, so what happens if you separate from your partner? Who gets your beloved pet? It is a common misconception that when there is a relationship breakdown, pet disputes are treated as a custody battle. There is no...
What are some Pre Court Dispute Resolution Processes?
The most common form of dispute resolution process before resorting to Court proceedings is mediation. Mediation is also often required by the Courts after proceedings are initiated, to try to get the parties to resolve or narrow the issues in dispute before a hearing...
What Happens to Your Inheritance When You Separate
Are inheritances a marital asset required to be shared with your spouse post-separation? Many people are unsure how an inheritance will be treated if they separate from their marital partner. Recently a client asked me whether a potential future inheritance would have...
Defamatory Material Posted on the Internet – When Your Reputation Or That Of Your Business Is At Stake
Most consumers will now do an internet search on a business prior to engaging with it, to see what other consumers say about it. Most professionals and business people are now aware that having good reviews posted online can be good for business and for boosting...
Contesting A Will – What Do You Need To Know?
What is the difference between challenging a Will and contesting a Will? Challenging a Will is different to contesting a Will. Challenging a Will means bringing a case alleging that the Will is not valid, for example that it was executed improperly or under duress, or...
What Is The Best Method of Recording Your Separation Agreement – Consent Orders Filed With The Court Or A Binding Financial Agreement?
We frequently see family law clients who have a preconceived idea of the method they wish to use to record their separation, often based on their own research on Google. There are two legal methods to record your separation agreement– by way of a Binding Financial...
Business and Personal Debt Recovery Options
Letters of demand A lawyer’s letter of demand is the first step if you have a debt that is going unpaid. Usually, the cost of issuing such a letter will not be high, however if the debtor disregards the demand you will have to take further action as detailed below....
Estate Planning & Will Preparation – A Checklist
There are many reasons to have a Will in place. Many people are prompted by events such as buying a property, getting married or having children, or getting divorced – all great reasons to have a Will in place. Bear in mind that if you marry, your existing Will...