Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 9 November 2019. Doctor Scott dies by his own hand, leaving $100,000 to his son, Tim and leaves the rest of his $2 million estate to two charities. CharityOne provides funding for medical research and CharityTwo provides aeromedical care. Dr Scott donated to these charities during his lifetime. Tim described his relationship with his late father as “a poor one in many respects”. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 2 November 2019. Larry and Diana are married and have three children. They make wills leaving everything to each other. Larry and Diana separate several years later. They divide their matrimonial property and enter into a formal agreement under the Family Law Act but they never proceed with a divorce. […]
If you are eligible to challenge a will on the basis that you do not receive adequate provision, the limitation provisions state that you must commence action before the expiry of 12 months after the date of death. This time period can expire quickly during periods of grief and times of tensions within a family. […]
Most Australian employees are covered by a Modern Award, which sets the minimum entitlements for employees working in any one of over 150 industries. Some employees can be covered by two or more Modern Awards where their duties do not fall squarely within the definition of a single industry. […]
Dependants of workers who have been killed during the course of their employment are entitled to make a death benefits claim under the Workers Compensation Act 1987. The claim can comprise of a lump sum payment, weekly payments for each dependent child and reasonable funeral expenses. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 26 October 2019. Dianne owns and operates Coastview Lodge, a bed and breakfast with ten rooms. On 15 December 2018, Dianne meets with husband and wife, Bonnie and Clyde, to discuss a potential employment opportunity. It is agreed that Bonnie and Clyde will commence working at the Lodge on a trial basis with a view to move into permanent positions pending their performance over the next month. Clyde is employed as a Chef and Bonnie in Guest Services. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 19 October 2019. Amanda and her five-year-old son, Jackson, began renting a property in July 2018. The house was lavishly constructed and had tall glass sliding doors connecting the living room to the outdoor entertaining area. The glass sliding doors were installed a few years earlier, and at the time, had complied with Australian Safety Standards. However, the standards became more stringent over time, requiring that the glass thickness be increased. Unfortunately, the landlord was not aware of the change in standards and therefore did not arrange for them to be replaced. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 12 October 2019. Kate, director of KTZZ Pty Ltd is looking to purchase a property in the name of her company. She negotiates the price with the real estate agent and after conducting Pest and Building reports, exchanges contracts with the vendor, Chris. The company pays a partial deposit of 5% on exchange. Kate guarantees the obligations of the company under the contract of sale. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 5 October 2019. Jack and Jill have been in a relationship for the last 15 years and have a blended family. Jack has two children to a previous relationship and Jill has three. They own their home jointly and have superannuation and some savings. They have relatively simple wills, leaving all of their assets to each other and the last survivor leaving their whole estate to all five children equally. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 28 September 2019. In 2017, James and Hannah attended Dr Samuels, an infertility specialist, for the purpose of obtaining advice on undergoing in-vitro fertilisation (IVF). During their consultation, James told Dr Samuels that he suffered from anti-thrombin deficiency (ATD), an inherited condition that causes increased risk of blood clotting. […]