Our latest articles
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Packer family friend's estate become entangled in family provision claim with deceased's niece and partner.

This month we reviewed Frankie B's, a busy restaurant on Church Street, Parramatta. We rated the restaurant on its design, value...

A Deed of Company Arrangement (DOCA) is a binding agreement between the directors, company, creditors, administrators and any...

FamilyProperty is an online platform currently being trialled in the Sydney Registry of the Federal Circuit and Family Court of...

As the holiday season arrives, many families will be working out how to navigate Christmas as a separated family for the first...

If you own a business that hires workers, and especially if you use contractors, it is important that you understand the...

Britney Spears has been under a conservatorship since 2008 following a very public breakdown. Since then, her father has been in...

It’s now been one month since the merger of the Federal Circuit Court of Australia and the Family Court of Australia into the...

Accurate disclosure of financial assets is an essential part of a just and equitable property division. When one side attempts to...

In the stress of a Family Law dispute, parents often turn to social media to vent their frustrations about the other parent,...

Many people don’t realise that superannuation benefits are not an estate asset and do not automatically flow to the estate of the...

Both parents have a duty to financially maintain their children. It is not a surprise that this misconception exists, particularly...

Getting married under the palm trees of Fiji, amongst the hills of Tuscany or along the beaches of Sri Lanka can seem like a...

When parties have a contract in place, there may be circumstances where the parties wish to amend the contract where appropriate...

It is increasingly common for businesses to utilise a Software as a Service (SaaS) model for their products and rely on...

For a Court to make a just and equitable decision about how a property pool is to be divided, it must first know what there is to...

Technology facilitated abuse, or ‘cyber-abuse’, has become a serious issue in the computer age. The stress of separation can...

Before applying to the Court for consideration of parenting proceedings there are a number of different steps parties must follow...

When property is transferred as a result of Orders made by the Family Court, Capital Gains Tax (CGT) can be deferred until the...

Wedding and engagement rings can sometimes form the basis for an expensive and contentious issue in separation matters. Parties...

Employee policies are documents that communicate an organisation’s values and expectations of employee performance and behaviour.

It is time to get on top of your business financials as the new financial year begins so you can implement your business goals for...

If you’re a business owner, you must ensure that you complete and lodge your income tax returns whilst meeting the superannuation...

In some separations, a beloved family pet may be ascribed more value by the parties than many of the other material assets....

Divorce and separation are already difficult periods of life, so having to worry about how you can best protect your assets is...

A company constitution is a contract between the company and the members, directors and company secretary which governs how a...

Divorce and separation in Australian family law are two areas that are riddled with misunderstanding. Whether your knowledge of...

Binding Financial Agreements (BFAs) and Property Consent Orders are two options in Australian Family Law for couples that wish to...

The game of two-up is a memorable and traditional Australian gambling game which is only permitted on one day of the year in most...

A shareholders agreement is a binding contract between the shareholders of a company which outlines their key rights and...

The duty of disclosure is a duty that applies to both parties in a separation. It is the duty to fully disclose all financial...

In Australia, the reasons for separation are not relevant when considering property divisions, parenting arrangements for the...

The Lighthouse Project is an initiative taken by the Family Court of Australia and the Federal Circuit Court which aims to improve...

Separation is not only a difficult time for the parties involved, but the children as well. Australian family law expresses...

Dividends are payments made by a company to its shareholders out of its profits, and when done well, dividends can be the...

Dividends are payments made by a company to its shareholders out of its profits, and when done well, dividends can be the...

Dividends are payments made by a company to its shareholders out of its profits, and when done well, dividends can be the...

Running a small business is hard work in the best of times, and even more so when there is a global pandemic. To keep your head...

A court will only set aside a BCS Agreement if it is satisfied of a few factors, including that exceptional circumstances have...

If you cannot afford to pay your debts, the law provides two options in order to get back in control of your finances. However, if...

ADR can make a huge difference to the length and cost of your court case and can often leave you feeling more satisfied with the...

Buying property is an exciting, but also really complicated process. Whether you’re a first home buyer or experienced property...

Across the country, people are being encouraged to work from home as much as possible to stop the spread of COVID-19. While many...

When dealing with an already difficult family breakdown, it’s important that you don’t take too long to begin any required legal...

So, you’re looking to buy a home in NSW! It’s a big decision that can be time consuming and stressful. Not to mention that there...

Property settlements need to be both just and equitable, meaning they should be morally right and just, as well as fair for both...

There are many different courts in NSW and Australia that a person can bring a claim in. Generally for contractual dispute there...

Despite the uncertainty of COVID-19 many businesses have been able to continue to make ends meet. It is essential that business...

When a parent doesn’t abide by their child support obligations, the other parent could enforce these obligations. The ways a...

It is estimated that the total cost of this phoenixing activity on the Australian economy is between $2.9 billion and $5.1 billion...

You may think that reviewing your Will every 12 months seems unnecessary and question why this would be the case. Here are some...

In this article, we look at the SOPA process and what you need to know to successfully navigate it to recover the money owed to...

May is Domestic and Family Violence Prevention Month in Australia, and as we consider the positions of corporations in light of...

May is Domestic Violence Prevention Month, and so we are highlighting how family violence can have serious impacts on all areas of...

Most Court events will be cancelled until 30th June 2020. This is a significant announcement with major consequences for what the...

When a marriage breaks down, one of the first things a person thinks about is obtaining a divorce. Although it is the common word...

This International Women’s Day we want to encourage all women in business, and those thinking of starting their own businesses, as...

The 3rd December is International Day of Disabled Persons. In honour of this, we have looked at the obligations of an employer to...

It is not the failure that defines you as business owner, but rather the way you respond to the failure and adversity. Here are a...

The 22nd of November 2019 is Australia’s White Ribbon Day, where Australia acknowledges the domestic violence and abuse that is...

If you have children with your former partner or co-parent, any interstate relocation raises various issues. There are 5 things...

This article explains who is entitled to have a claim on an Estate. It may surprise you how the law views different relationships...

This month we visited Kouzina Greco - a small Greek restaurant in the heart of Parramatta.

We recommend this venue when you've been craving Thai for a week and you want to feast on the goodness of a great cashew nut stir...

Any conflict can get in the way of productivity and harmony at a workplace. Here are some tips to solve a workplace dispute.

The design of the restaurant was fun. However the poor timing of the food and the lack of value for money scored Coco Cubano...

It is very easy to think that friends will be good at running a business together. But history has shown that this is not always...

As winter rolls around we are tempted to travel overseas to warmer climates. However, if you are separated and want to bring your...

This week the Fair Work Commission in their ‘wisdom’ decided to throw another curve ball at small business owners.

This month we reviewed The Coffee Emporium on Phillip Street in Parramatta. Our review reflects what a great lunch we had there.

If you have a friend or family member who you believe may be a victim of a domestic violence relationship, they may show signs of...

This month we reviewed Lil Miss Collins situated just out of the heart of Parramatta. The fun cafe gave us a brightly coloured and...

André Meyer enlightens us about what Intellectual Property is, and why you should care about.

This month we reviewed Soul Burger, located on Church Street, Parramatta. The vegan casual diner left us somewhat happy, but...

This International Women’s Day, I’m celebrating entrepreneurship. Role models are essential to encouraging more women into...

This month our interview with an expert was with Paul Betts from Integricare. Our interview provided insight on how to foster a...

This month we reviewed Alex & Co, a busy restaurant on Church Street, Parramatta. We rated the restaurant on its design, value for...

The international media headlines of the week that impact how the law relates to society.

This month we review newly opened Mille Uno, on Church Street, Parramatta . We rate the restaurant on its design, value for money,...

Here are 3 tips to make the most of your Saturday inspection. With 2019 rolling in, you may be one of many who are thinking about...

It’s that time of year again, where we dash through the shops picking up new stationary, new backpacks, and new school shoes. The...

Want to know how to minimise the risks of your business' Christmas party? Have a look at 7 practical ways to safeguard for the...

Employees have the right to claim for unfair dismissal if they believe that the dismissal was harsh, unjust or unreasonable. An...

Hiring Christmas Casuals this year? Read our 6 steps to safely hire Casual Employees and have a stress free Christmas!

Divorce brings up a whole range of emotions. It is important to know how to cope with the roller coaster of feelings, and manage...

No matter how you find yourself at the place of divorce it is possible to find happiness after the papers are signed. Here are...

If you or a client of yours is applying for a visa and is in a relationship that contains domestic violence, it is important to...

If you would like our honest opinion on the likelihood of you obtaining a section 10 for your criminal offence, please call Frank...

An AVO is made to control your conduct and protect a specific person for a set amount of time (usually between 6 months and 2...

Entering a plea of guilty is not the end of the matter. You still need to be sentenced. Magistrates and Judges have a range of...

With a parenting order, if a contravention has been established, the severity of the outcome depends on the circumstances of the...

Your parenting order is in place and you understand your obligations under it, but what if the other parent doesn’t comply with...

An article outlining how a contractor in the building and construction industry can make a claim if no contract is in place.

An article outlining the process involved in resolving a retail lease dispute.

An article outlining the factors that will make pursuing a claim through the Court easier.

An article outlining on what basis a Defendant should initiate a cross claim

The new First Home Buyers Assistance Scheme commenced 1 July 2017.

Changes were made to the Foreign Residential Capital Gains Withholding (FRCGW) from 1 July 2017.

Frank Legal is now a member of PEXA. PEXA is the new electronic settlement process, digitally transforming the property completion...

Once a formal parenting order has been made, it can only be varied by a Court upon making a formal application, or by entering...

Here we will discuss the legal obligations that you have once a parenting order has been made.

If you are a parent and have recently been through family law proceedings, it is important that you know that parenting orders can...

You might sigh in relief once everything is signed in your family law property settlement, but what about the enforcement of court...

Your obligations when you are served with a subpoena

How to postpone enforcement proceedings by someone with a judgement debt against you.

The recommended process for recovering a debt owed to you by a company that has gone into liquidation

How dispute resolution clauses typically operate in commercial contracts

Your obligations to allow builders to remedy defective work

Article pointing out how to spot an indemnity clause and outlining the effect of an indemnity clause

Brief outline of the circumstances that will result in a commercial contract coming to an end

How to identify and understand restraint of trade clauses

business & corporate, SMSF, bare trust, LRBA, superannuation, self-managed superannuation, property, investment

business & corporate, family trust, discretionary trust, tax minimisation, asset protection, investment property,

business & corporate, selling your business, be prepared, purchase a business, acquisitions, M&A

business & corporate, business, retail, lease, tenant, landlord

For a Binding Financial Agreement(or ‘BFA’) to be legal and binding, the couple must enter into the agreement of their own free...

There are strict rules and requirements in the Family Law Act 1975 (Cth) for Binding Financial Agreements.

A Binding Financial Agreement can be entered into at many different points in a relationship.

Divorce is the dissolution of marriage. This legal phrase essentially means that the law recognises that you are no longer married...

Without prejudice save as to costs (phrase): the communication in question cannot be used against the writer except for the...

It is often asked whether a child's view should come into play during a Family Law proceeding. Using a case study, this article...

Explanations on the legal jargon in relation to People of the Court.

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on...

How to draft an invoice that will ensure you can recover any debts efficiently

Brief outline of some of the consumer protection mechanisms in Australia

A brief outline of the content of a Statement of Claim, the document commonly used to commence Court proceedings

Brief description of Affidavits, the evidence used in civil court cases in NSW

What is, and how you draft a letter of demand.

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on...

Brief summary of considerations for partners when their partnership is coming to and end

Brief summary of case impacting personal liability of employees

Considerations relating to an all-account guarantee

Lives with (verb/noun): family law term used to describe the parent who provides predominant care. Spends time with (verb/noun):...

Just and Equitable (adjective): to suitably reflect the relevant circumstances of the parties, including the current division of...

Irreconcilable Differences (noun): a catch-all term used to describe the circumstances which render a couple unable to continue...

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on...

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on...

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on...

Mediation (noun): a non-binding process parties may elect to partake in aimed at working through issues and disputes in a family...

Division of the assets (noun): a percentage figure based on the contributions and future needs of parties to a relationship which...

Net Asset Pool (NAP) (noun): (assets – liabilities) + superannuation = Net Asset Pool

Recent developments in movie piracy/copyright law

The law is fluid and often only changes when situations arise forcing an otherwise unanticipated outcome. This is a case study on...

Importance of legal advice when using an equitable charging clause in your contracts for commercial transactions

How to enforce your judgement if someone still isn't paying after going to Court.

ACCC takedown of Nurofen producer, Reckitt Benckiser

Best interests of the child (adjective): legally, the need to protect a child from harm, maintain a meaningful relationship with...

Annulment (noun): a declaration made by a judge that no legal marriage ever existed between the parties in question.

Adjournment (noun): a ruling to postpone or defer a court date to another day due to an intervening event.

Costs Order: a decree made by the court that one party must pay the other's legal fees for going to court due to unnecessary...

Superannuation is a complex area of Estate Planning that a lot of people don’t really understand. It is important to think about...

Before diving too deep into the specifics of Testamentary Trust Wills and how they can benefit you, it’s helpful to understand...

As seen in the previous post on Trusts in general, we saw the different roles played by the Settlor, the Trustee and the...

Service (noun): the process of sending or delivering court documents to the parties to a matter after the documents have been...

Disclosure (noun): a process whereby both parties to a family law property settlement are required to exchange all information and...

Parental Responsibility (noun): the legal duties, powers, responsibilities and authorities that parents have towards their...

One of our top priorities is simplifying the legal profession so clients can understand the legal processes they are engaged in...

An article outlining the Fair Work Ombudsman's attitude towards phoenix activity

A brief analysis of the most common way of dealing with a statutory demand.

After going through the process of obtaining a Grant of Probate, you might be wondering why you have to publish another notice on...

Shareholders remedies when faced with pressure from other, larger shareholders or company officers.

Probate, Application for Probate, Documents, Grant of Probate

If you are separating and looking to obtain legal advice, you may be shocked at costs. This how to looks at minimising cost...

We’ve put together a series of blog posts on ‘How to…’ to help you if you were curious about what an affidavit actually is or...

If successful in an unfair dismissal claim, the Court may order a reinstatement of the employee's position. It is important to...

If an employee resigns or otherwise leaves the company, it is important to ensure that they don’t take your business’s lifeblood...

Terminating a staff member’s employment on one of these grounds will allow the staff member to apply to the Fair Work Commission.

It is important that you understand the difference between terminating an employee and making their role redundant, as this can...

An inventory of property is another document that is required when filing an application for Probate with the Supreme Court. An...

In this article we address how the presentation or format of a contract can render a term unfair. This has extreme relevance for...

Many employers will be happy to know that an employment contract does not have to be written...

Employees that quit may still be able to bring an unfair dismissal claim if they can establish that the employee quit but was...

Not only can a trust decrease your tax but it can cover your assets against losses from divorce, bankruptcy or the claims of...

There are a variety reasons explaining why your partnership may have come to an end. These include a partner wanting to exit the...

A partner can often be responsible for the debts and liabilities accrued by other partners. Partners act as agents of the...

You should consider a formal partnership agreement because it can define your business agreements and prevent future disputes.

It is vital to prepare your business succession plan early. If you wait until you are ready to retire, you might find it is too...

An article briefly covering surveillance and privacy laws regarding recording people with your mobile phone.

Unconscionability is the cornerstone of equity and a key element of most (if not all) equitable causes of action. This article...

Contracts exist at every juncture of society from international mergers to buying an ice cream. Promissory estoppel takes it even...

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution, Attending...

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution, Attending...

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution, After...

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution, Attending...

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution, Attending...

Many dispute resolution methods require documents to be served. You may have seen this word in relation to a divorce application...

In short, an affidavit is a written statement which sets out your version of events in relation to a particular situation.

Keep reading for our top six to ensure you know exactly what to expect when entering the Courthouse.

Different dispute resolution processes may be more or less useful in reaching a conclusion in your family law property settlement....

Here are our top three reasons why court should be your last resort in a family law property settlement or parenting matter

Different dispute resolution processes may useful in reaching a conclusion in your family law matter. This blog post looks at the...

Are you ready to move onto your next stage in your business life? There are certain things to consider when getting ready to sell...

If you are in the Court, you may be expected to attend a conciliation conference. A conciliation conference is Court-ordered...

Going to Court can be scary. Not only are decisions going to be made about your life, but Court itself is a strange place to most...

Different dispute resolution processes may be more or less useful in reaching a conclusion in your family law property settlement....

There are many different ways to reach a conclusion in your family law matter. Each method of dispute resolution requires...

Over the last month, we have discussed a number of different financial considerations which you may not have considered in...

When a couple separates, the financial implications can be widespread. A lesser known financial implication is spousal...

You’ve just received an inheritance or you’ve won the lottery! When you are involved with a family law matter, windfalls can...

Buying a business can help you avoid the hard work involved in establishing one. There are two ways to buy a business: Asset...