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Property Settlements After Separation

Family Law: 05 February 2025

A key issue that a former couple must determine following separation is the division of their assets and liabilities in law. This process is called a ‘property settlement’. If your marriage or de facto relationship has broken down, it is vital that you are aware of your entitlements to achieve a fair property settlement.

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What is my wife entitled to in a divorce?

03 February 2025

When considering a divorce, or when in the process of a divorce, couples may wonder what they and their partner will be entitled to in the final split of assets. Unfortunately, there’s no cut and dried answer as to what a partner will be entitled to in a divorce settlement, as each individual divorce is unique, and the personal and financial circumstances of each couple will differ. However, in this article, we’ll look at the factors involved in determining a split of assets after a divorce.

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Liquidators: get the Court’s seal of approval or pay the cost!

Litigation, Insolvency: 03 February 2025

In Greatcell Solar Ltd (in liquidation) [2024] FCA 1121 (Greatcell), joint and several liquidators for Greatcell Solar Limited (in liquidation) and Greatcell Solar Australia Pty Ltd (in liquidation) sought the Court’s approval pursuant to section 477(2B) of the Corporations Act 2001 (Cth) to enter into funding and costs agreements for the purpose of pursuing litigation. The liquidators had already entered into the agreements before applying to the Court for approval.

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State Taxation Further Amendment Act 2024

Property Law: 23 January 2025

On 3 December 2024 the State Revenue Office announced a number of changes to Victoria’s taxation laws to come into effect from now until 1 July 2025. This article provides a summary of those amendments relating to land tax and stamp duty.

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Recovering OC levies from lot owners? Better not issue in the Magistrates' Court!

Owners Corporation: 10 January 2025

In a recent decision of Owners Corporation v Buckley, Magistrate T Greenway clarified the appropriate jurisdiction for recovery of monies owed to an Owners Corporation, including fees, levies and costs and determined that that the Magistrates’ Court is not the correct forum, rather, the jurisdiction lies solely with the Victorian Civil and Administrative Tribunal (VCAT).

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Owners Corporations Definitions: The A to Z of Owners Corporations

Owners Corporation: 09 December 2024

Yearly Budget? Delegated Authority? Zoning? We have compiled an essential guide of Owners Corporations terms. Here, you will find definitions and explanations for many commonly used terms for each letter of the alphabet you are likely to encounter as an Owners Corporation manager or lot owner.

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Notice of Default vs Notice of Demand

Litigation: 04 December 2024

Recently, the Supreme Court clarified when a default notice will be binding under an agreement. Whilst the Court ultimately found in favour of the Plaintiff, the Court stressed the need for the parties to strictly adhere to the terms of the agreement. Further, the Court emphasised that terms are to be interpreted by reference to the agreement as a whole and to the ordinary meaning of its terms.

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Wills & Estates Update – Probate Office changes to filing fees

Wills and Estates: 13 November 2024

You may have heard about changes that have recently been made to the filing fees payable to the Probate Office of the Supreme Court of Victoria upon the application for a Grant of Probate or Letters of Administration for a deceased estate. This issue has been getting a lot of attention in the media, with some outlets referring to it as a “death tax by stealth”.

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What is the average cost of divorce in Victoria?

13 November 2024

When a married couple decides to separate, there can be quite a journey ahead when it comes to filing a divorce application and finalising the separation of assets. Significant costs may be involved. In this article, we’ll look at the average cost of divorce and what factors contribute to costs rising. We’ll also look at models that enable divorce costs to be kept at a minimum.

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What does child support cover?

05 November 2024

When separating or divorcing, an important thing to consider is the issue of child support. It can be a sticky area, as both parents typically want what is best for their children, and yet may not both be in an equal financial position.

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What is a Public Acquisition Overlay?

Compulsory Acquisition: 23 October 2024

A Public Acquisition Overlay ( “PAO”) is used by a planning Authority to reserve land for a future public use, meaning the land subject to the overlay can be compulsory acquired at any time under the Land Acquisition and Compensation Act 1986 (Vic).

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What is a Prenup

Family Law: 04 October 2024

When two people marry, they almost certainly intend for their marriage to last. After all, that is the point of "in sickness and in health", right?

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