Marriage: Pre-nuptial Agreements

Since 2000, pre-nuptial agreements have been enforceable in Australia pursuant to the Family Law Act.  These documents are called Binding Financial Agreements Financial Agreements can be made before, during or after marriage, and cater for both property and spousal maintenance. Typically, they contain clauses which effectively mean that one party to the marriage retains a […]

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On February 16th, 2011, posted in: Know the Law by

Separation of Powers

Biker Legislation After the death of a Hells Angel member at Kingsford Smith airport in 2009, then premier Nathan Rees introduced legislation within 10 days to declare gangs of bikies “criminal”. The first application using that legislation is currently before Court. This is a good time to be reminded of the “separation of powers” doctrine. […]

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On February 16th, 2011, posted in: Know the Law by

House: Buying a House Overview

Buying a house is more than likely the most expensive purchase in your life. We will provide a brief outline here to some of the steps involved. You have carefully considered and inspected properties, and you have found the house or unit you want to be your new home. The seller will or should have […]

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On February 16th, 2011, posted in: Know the Law by

Property: Attachment Advice

You have found your dream home, and you visit your solicitor for his advice on the purchase. The solicitor’s aim is to ensure that your expectations are going to be matched by the terms of the contract and the vendors (sellers) obligations. The solicitor must receive full instructions to be able to provide the correct […]

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On February 16th, 2011, posted in: Know the Law by

Property: Having Finance Ready

Property Purchase-Finance Last week you saw your solicitor and gave them instructions on what you are hoping to buy, and the solicitor checked the contract and attachments to ensure that it met your expectations. To have finance approved is critical. Once an unconditional contract is exchanged, the purchaser is “prima facie” (on the face of […]

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On February 16th, 2011, posted in: Know the Law by

Contracts: Standard Contract

The Standard Contract for Sale of Land The appropriate mode of dealing with residential property in New South Wales is a written contract in standard form approved by the Law Society and Real Estate Institute joint committee. This contract sets out the rights and duties of both the purchaser and vendor. The twelve pages of […]

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On February 16th, 2011, posted in: Know the Law by

Guideline Judgements: Effect of

High Range PCA Here we will discuss the seriousness of the High Range PCA offence. We hear it quite often on television advertising and see it on billboards, but it still shocks people who have been convicted of High Range PCA when they realise how serious the court considers the offence. It is one of […]

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On February 16th, 2011, posted in: Know the Law by