Executorship: Accepting this appointment

Nominated Executors can’t be forced to take on the Executorship but once they have accepted they are unable to renounce. The Executor is to act in accordance of the appointment as described in the Will and accepting is a full acceptance of all responsibilities. An Executor is not able to make an agreement for another […]

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On June 25th, 2010, posted in: Know the Law by

Bankruptcy

In this tough economic climate, there are going to be times when people will either consider voluntarily becoming bankrupt, or are ordered to become bankrupt. Basically, bankruptcy is giving someone else control of nearly all your property and finances, and you will get protection from creditors. There is no set amount of debt needed to […]

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On July 16th, 2010, posted in: Know the Law by

Stealing: Claim of right

I can steal it- it’s mine. A claim of right is a defence to larceny. Some interesting cases have been determined over many years that show when someone owes you an item, an honest belief to an entitlement to that property is a defence to the act of unlawfully retrieving it. An 1828 case heard […]

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On July 16th, 2010, posted in: Know the Law by

Registered Trade Marks

When a trader has a brand, picture, logo or similar, they normally seek to have use of that item exclusively. The process is to “trade mark” the item. There are two ways to have a trade mark. You can simply have the “TM” notice next to the item, or you can register the trade mark, […]

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On August 15th, 2010, posted in: Know the Law by

Bail: The Purpose of Bail (Part 1)

To understand the purpose of bail, you start by understanding the clich√© “innocent until proven guilty”. Whilst we don’t use the term “innocent” in our Courts, it is a tenet of our justice system that as a general rule until you are guilty (that is either found guilty, or enter a plea of guilty), and […]

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On September 2nd, 2010, posted in: Know the Law by

Divorce: International Child Abduction

Whilst it might not be a daily problem in the Clarence Valley, for the shear horror that it puts parents through, it is worth discussing what happens when a child is taken overseas by a parent in contravention of orders from an Australian Court. Australia is a party to the Hague Convention, the purpose being […]

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On September 15th, 2010, posted in: Know the Law by