Knowledge

Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.

If a company has more than one shareholder it should have a shareholders’ agreement in place.

On 15 November 2019 the Australian Law Reform Commission released a Discussion Paper into Corporate Criminal Responsibility.

When a company is first set up, usually its purpose and subsequent structure is clear. Over time, the business grows, and the company may outgrow its current structure, or in the alternative, the business may find itself in financial strife and so the structure of the company may need to be reconsidered.

It is not uncommon for a spouse to accumulate debt following separation. If your spouse is partying it up, spending money on extravagant items, selling investments and increasing their credit card debt, it can make the family law property settlement problematic. This is because all assets and liabilities are included in the pool that is to be divided between the parties, and the value is at the current value, not the value at separation. What can be done about debts incurred post separation?

It is quite common in civil litigation proceedings for the Defendant or Plaintiff to be located in another state. The person you are intending to sue may live interstate or their registered office may be interstate. Either way, there are a number of things to think about if you intend to sue someone who is not in the same state as you.

In a family law matter whether it be in a lengthy litigation battle or attempting to settle matters outside of court, the most frequent issue that arises is not a question of law but of fact. Specifically, how much is a particular asset or liability worth. A valuation may then be required to resolve the dispute regarding the value of the item.

When running a litigation matter, that is, any Court matter, it is critical to be able to prove to the court that your court documents were delivered to the other side. Afterall, if the other side did not receive your court documents then how do they defend themselves and how is justice upheld in the court system? This is where a process server comes in handy.

When children are taken and not returned to their usual parent at the agreed upon time and location it can be cause for serious alarm. Questions like “Where are my children?” “Are my children safe?” “How do I get them back?” arise. The Court has a clear process for the recovery of children if children are kidnapped.

The Family Law Act 1975 states that the best interests of the children are served by a meaningful relationship with both parents in a safe environment. Where there are allegations of abuse or harm, it needs to be considered how best to facilitate time with mum and dad in a safe manner. Accordingly, supervised contact may be an appropriate solution.