First Home Owner Grant – Brazel Moore Lawyers, Gosford, Central Coast
First Home Owner Grant Brazel Moore Lawyers, Gosford, Central Coast Now is the perfect time to purchase your new home with the State Government’s First
Legal Services Blog
Legal Services Blog - Brazel Moore Lawyers
Duties of an Executor: What are their tax responsibilities?
An Executor is person appointed in a Will to take on certain responsibilities when the will-maker (known as the “Testator”) dies. Those responsibilities include dealing
What is a financial management order?
A financial management order refers to an order made by a Court, or the NSW Civil and Administrative Tribunal, appointing a person, people or a
Can Medicinal Cannabis users be charged with driving offences …
Over recent years the NSW Government has legalised the sale and use of Medicinal Cannabis. Supporters of these changes believe this is an important step
Can I add my spouse or family member’s name to a contract after exchange of contracts? How to avoid paying double stamp duty …
A Contract for the Sale and Purchase of Land becomes binding when the counterpart copy of the Contract signed by the Vendor is exchanged with
How does Estrangement impact a Family Provision Claim?
A Family Provision Act claim (FPA claim) is one of the main ways to challenge a Will. To make this sort of claim, a person
What things should I think about when making a Will?
A Will is a legal document which sets out how you as the Will-maker (“the Testator”) want your assets to be dealt with after you
What happens if an Executor has lost capacity when the Will-maker dies?
An Executor is someone who is appointed in a Will to take on certain responsibilities when the will-maker (known as the “Testator”) dies. Those responsibilities
When will an adult child be successful in making a Family Provision Claim?
There are a few different ways to challenge a Will, one of the main ways is by making what is known as a family provision
How does Domestic Violence impact a Family Provision Claim?
One of the ways to challenge a Will is to make what is called a Family Provision Act claim (FPA claim). Only particular people known
Signing a Commercial Lease Proposal: What does it mean for me?
There are a few steps involved in obtaining a commercial lease, one of the first steps for the Tenant (known as the “Lessee”) once they
What do I need to do when selling or buying property? Conveyancing procedures explained …
Selling or buying a property can be very daunting and is probably one of the most stressful things you can do in life. So, it
Blanket Ban on Pets in Strata Units overturned
Pet Owners have won an appeal to overturn a blanket ban on pets in strata units. On 12 October 2020, the NSW Court of Appeal
My parent has lost capacity and an application has been made to the NCAT Guardianship Division to appoint a Financial Manager & a Guardian …
The Tribunal – Where a person loses capacity without having previously prepared a private Enduring Power of Attorney or an Appointment of Enduring Guardian, an
What is an Enduring Power of Attorney & An Appointment of Enduring Guardian?
My Parents Need An Enduring Power of Attorney & An Appointment of Enduring Guardian My Parents Need An Enduring Power of Attorney & Appointment of
COVID-19 and Commercial or Retail Leases: What can I do when my tenant does not pay rent?
How does Covid 19 affect Commercial or Retail Leases? Non-payment of rent would ordinarily amount to a breach of the Lease by a tenant (“Lessee”)
Time limits in Family Law – when should I take action?
Family Law Time Limits are important dates provided for in the Family Law Act. We are often asked ‘what are the time limits in Family
What is buying off the plan and what are some of the risks?
Thinking of buying of the plan?. Buying a property can be a confusing process, even more so when it involves an off the plan contract.
What if I die without a Will?
If I die without a Will, will the Government get my money? There are many factors that come into effect if you do not have
Can a Will be invalid because of “suspicious circumstances”?
We have many people ask us ‘Can a Will be invalid because of “suspicious circumstances”? There is a “presumption of law” that a Will is
Acting as an Executor: What happens when there are multiple Executors and they do not cooperate?
Acting as an Executor is a very important role. So what is an Executor – An Executor is a person who you appoint in your
How do assets pass to beneficiaries of an estate if both owners of jointly owned property die at the same time?
So how do assets pass to Beneficiaries when both owners die? Property that is owned by two or more people can be owned in two
Will Gifting And The Home
When thinking about what to do in your Will, one of matters you will need to consider is whether you want certain assets to be
What happens when 2 parents are in dispute about a deceased Child’s Estate
So what happens when your child dies and you are in dispute over his estate?. Peter and Jenny had a child, Matthew, but later separated
Lost capacity to make a Will?. What you can do.
Have you ever thought what would happen to your assets if you couldn’t make a Will? Sometimes there are events in life which make it
Claim for Damages for Disappointment and Distress
Consumers who suffer distress and disappointment due to tourism providers and holiday package operators failing to deliver on their contractual promises to supply pleasure and relaxation could soon face more claims following the decision of the Moore v Scenic Tours Pty Ltd [2020] HCA 17 (24 April 2020)
Can I stop my neighbour’s noise?
Noise is probably the most common source of contention between neighbours. If you are being disturbed, usually the best thing to do is to ask
Intestate Estates – What happens if I die without a Will?
Have you made a Will? Have you ever wondered what would happen if you died without a Will? Research indicates about 1 in 2 Australian
Avoiding Double Stamp Duty on a Declaration of Bare Trust for a SMSF purchase of property
The Duties Act, 1997 (NSW) provides that full ad valorem stamp duty is payable on a “Declaration of Trust”. Double stamp duty can be avoided,
The use of a Bare Trust by a Self-Managed Superannuation Fund (SMSF) to borrow money and purchase assets
SMSF’s are becoming more and more popular and many SMSF Trustees are looking to purchase real estate as part of the superannuation fund investment strategy.
How is Superannuation dealt with in an Estate?
The answer to how Superannuation is dealt with in Estate matters varies depending on how the superannuation policy is set up and whether there is
Can I contest a Will if the Will is not fair?
Yes, you can a challenge a Will on 2 grounds – That the Will is invalid because the Will maker lacked the mental capacity to
Left out of a Will? Now What?
If you have been left out of what you would say is an ‘unfair Will’, you do have options. It’s always best to seek legal
What is included in a Deceased Estate?
When someone close to you passes away, it can be difficult to work out what does and what doesn’t form part of their estate. It
Consumer Protection Laws
Consumers are protected under the Australian Consumer Law. Consumers who acquire services for personal, domestic or household use, which have a value less than $40,000
Purchasing Property – Joint Tenancy and Tenancy in Common
People often buy property together. When purchasing property with another person, such as a spouse, family member or business partner, you have the option to
FREE COMPENSATION INFORMATION SESSION
Don’t miss out on this. Seats are limited so call Joanne on 4324 7699 now.
Elder Abuse, Succession Law and the Forfeiture Rule
Elder abuse is of matter of increasing concern. It can take many forms, with financial abuse being the most common form dealt with by lawyers.
Challenging a Will – Removing a Trustee or Changing Terms of a Trust
It is often no understood that in considering a family provision claim (challenging a Will or intestate Estate), the Court can also make orders to
Will Preparation – Informal and Inoperative Wills
As a general rule, the Courts try to give effect to the intention of Will makers, even where a Will may have been drafted by
Revocation of a Will – Estate Planning
Your Will deals with your property and assets after you die. It is important that you make a Will, understand the effect of the Will,
Will Disputes – Inheritance Law
We have many clients who seek our assistance with Will Disputes. If you believe you are entitled to inheritance from a deceased person’s estate, you
Brazel Moore Lawyers 12 Steps to Buying your Property
You’ve found your dream home and agreed on a price with the Vendor! What happens next? Step 1 Provide the Agent with your solicitor’s details
Buying a house?….Understand the Legal Jargon!
At Brazel Moore Lawyers we understand that sometimes Legal Jardon can be a little hard to understand and when you are buying a property, you
How old should you be to make a Will?
Young people tend to think that they don’t need a Will and some don’t even think to look to the future. In fact many take
When buying a home choose your Real Estate Agent wisely!
When buying a home there are several tips to choosing a great Real Estate Agent. Firstly you should make sure that your Real Estate Agent
What happens to your Estate if you die without leaving a Will?
If you die without leaving a valid Will, things can be much more complicated than if you die leaving a Will. It is important to
What happens if your homemade Will does not comply with the legal formalities required for a valid Will?
Everyone should make a Will, even if they do not have any money or property at the time they prepare it. A Last Will and
Leaving a gift to your child in your Will
It is most common for people with children, when making a Will, to leave their Estate to their children. Every person who holds any asset
Buying a Strata Property? – Conveyancing Services
Then here are some things you should know For the first time in NSW the sale and purchase of strata units is beginning to outstrip
Do you want to challenge a Will?
You need to read how the challenge process works … Family Provision claims are about challenging a Will where someone thinks proper provision hasn’t been
‘Spring has Sprung’
Spring Real Estate Auction time is heating up! With the real estate spring auction period heating did you know you can negotiate changes to the
Sailor sues Navy for causing his smoking habit!
Sailor Compensation Claim. Christopher Cooper was just 15 years old when he enlisted in the Australian Navy in 1977. Like most teenage boys, he was
Who gets the family home after separation?
Who gets the family home after separation depends on who can refinance the property taking into account there is likely to be a payment made
Successful Pork Chop Compensation Claim – Public Liability!
Public Liability Claim – You may not believe this to be a true story but the story of the pork chop compensation claim is as
Cards on the table: The first step in splitting the matrimonial/joint property after separation
When clients who are going through a separation first arrive at our offices, they usually have a percentage figure in mind, but a formal offer
Intimate lunch breaks could give rise to Workers Compensation Claims!
A community representative in a Scandinavian country has recommended to his Council that workers should be allowed to go home for an extended lunch break
But who gets the dog? – Family Law
Separated couples often can agree on how the house, cars, and joint accounts will be split between them, but often settlement comes unstuck right at
The legal grey area around prosecuting ‘stealthing’ in Australia
‘Stealthing’ is a term that has been coined by Alexandra Brodsky in the Columbia Journal of Gender and Law to describe a scenario where a
Obesity in the Workplace – Workers Compensation Claims!
Workers Compensation! – Did you know that 28% of Australians are classified as obese (and a further 36% classified as overweight). Obesity is now one
Motor Vehicle Accident Claim Time Limits!
If you have a Motor Vehicle Accident Claim, you should be aware that there strict time limits. With motor vehicle accidents it is important to
Are you really protected by your insurance?
The Victorian Civil and Administrative Tribunal (VCAT) has found that blanket exceptions for mental illness in insurance policies can amount to discrimination under the Equal Opportunity
The separation between professional and personal life – where is the line?
The distinction between professional and personal life is becoming increasingly blurred after some recent decisions handed down by the Fair Work Commission. One of these
Baird Government announces changes to Sydney Lockout Laws
The NSW State Government has announced plans to adopt the main recommendations of the Callinan Review handed down in September 2016. That review focused on the
European Court of Justice finds some discrimination legal
The European Court of Justice (ECJ) has recently determined two cases regarding the banning of religious dress in the workplace, specifically, Islamic headscarves. The first case
Brazel Moore Lawyers appear in the High Court – Media Release
MEDIA RELEASE Brazel Moore Compensation Lawyers, have taken on insurance giant NRMA and come up trumps. Peter Moore, a Central Coast Lawyer specialising in Compensation Law,
The so-called ‘gay panic’ defence has finally been abolished in Queensland
The Queensland State Government has finally followed several other states around Australia and abolished the so-called “gay panic” defence to murder as part of a
What affect does an AVO have on a parenting case?
An AVO can have a significant impact on a parenting matter. Family violence is treated very seriously by judges and can be the reason that
Grandparents: Do you have rights after the separation of parents?
Some grandparents only see their grandchildren at crowded school events or from the sideline at sporting occasions. In Australia, grandparents have legal rights to approach
Stop and Search – Police Powers
The police have no power at common law to search someone prior to arrest. However, under the Law Enforcement (Powers and Responsibilities) Act, the police
Be wary of time limits after separation and divorce
Once you are separated there are time limits for seeking assistance from the Court in property matters only. Parenting matters can be bought to the
What are consent Orders?
Consent Orders are Orders that you agree on and are then made by the Court in your absence. Consent Orders can be in relation to
Have you been the victim of Bullying or Harassment in the workplace?
We acted for a person, lets call her Gwen, who was employed as a Senior Youth Worker by an organisation that provided Emergency Accommodation Services
Changes to AVO Laws
Important changes have been made in NSW to AVO Laws which commenced on 3 December 2016. The most important change is the test for granting
Do I have to answer Police questions?
The general position is that you do not have to answer police questions. There are some important exceptions which are set out below. As a
Windfalls and how they affect your property matter
Under the Family Law Act, when a separated couple needs to have their property split, one of the steps in the process is assessing the
Testamentary Capacity: Strange anomalies insufficient to persuade a Court to overturn a Will
In a recent case before the NSW Supreme Court, an adult grandchild made an application that her grandmother lacked testamentary capacity at the time she
Changes to Sunday and Public Holiday Penalty Rates
On Thursday 23 February, 2017 the Fairwork Commission issued it’s long awaited findings on proposed cuts to Sunday and Public Holiday penalty rates and if
Estate Planning – Who can receive Superannuation Benefits?
Not only is it very important to think carefully about making your Will and who you want to gift your estate assets to, it is
What happens on the first Court date in the Family Law System?
If you are unlucky enough to be in the Family Law system, the Court process can be quite daunting. The first court date usually occurs
Hurstville man sues media for ‘ridiculing’ his mullet hairstyle after picture goes viral
A Sydney teenager is suing several media outlets including the Daily Mail, Sydney’s Daily Telephone and the Australian Radio Network after his ‘striking mullet haircut’
Your Top Workers Compensation Questions Answered.
Have you been injured at work and want to know your RIGHTS to compensation? Read on for some quick and simple answers to your questions.
Is Arbitration right for you for your Family Law Property Settlement?
An Arbitrator can decide on your property settlement and the award is binding on each party. It is a faster and more cost-effective way of
Changes to NSW road rules that affect L and P plate drivers
The NSW Government has brought in further amendments to the Road Transport Act, 2013 which means that from 1 December, 2016, P1 and P2 licence
Changes to Strata Title Laws
Recognising that more than a quarter of people in NSW now live in town houses or apartments, the NSW State Government introduced a number of
Winning on Appeal
In 2010, 22 year old Luke Brett Moore opened a St George “Complete Freedom” bank account in Goulburn NSW. It was into this account that
Brangelina Divorce!
If you read the gossip sites, you will have read all about the separation of Brangelina. The couple separated in September 2015 and Angelina has filed for Divorce.
Woman who slipped in vomit paid $45,000 in compensation
Patricia (not the client’s real name) received $45,000 after she slipped in a pool of vomit injuring herself.
What is a Binding Child Support Agreement?
A Binding Child Support Agreement is an agreement is an agreement between two parents in relation to Child Support after they separate.
Wills and the Blended Family
In today’s world it is common for people to live in ‘blended families’ where, for example, a couple may have come together in a relationship
Challenging Wills and Testamentary Undue Influence
For a Will to be invalid as a result of undue influence there must be more than an opportunity to exert, or a suspicion of,
Landmark Decision in the Workers Compensation Commission!
A recent landmark decision has been handed down in the Workers Compensation Commission. A Government employee died of a hear attach whilst at a work
Who was affected by changes to the Workers Compensation System?
In 2012, the NSW workers compensation system was overhauled resulting in drastic changes to benefits available to injured workers. However, not all workers were affected
Can Police conduct a search without a Warrant?
As most people are no doubt aware, the Police normally require a Warrant to undertake a search of a private premise or to conduct a
When are you guilty of receiving stolen goods?
To prove a person guilty of the offence of “receiving stolen goods” there are three “elements” of the offence that the Prosecution must prove, namely
How to get a Divorce
Do I have to go to Court? A Divorce Application must be filed in the Federal Circuit Court (a court that deals in family law). You do not need
Family Law Agreements
What is a Pre-nuptial Agreement? These Agreements are for people intending to enter into either a marriage or a defacto relationship but the Agreement must
“Crime” and “Punishment” in Family Law property settlements
People sometimes complain, occasionally with good reason, about questionable behaviour by their partner during the relationship. Things like abuse of alcohol, drugs, gambling, squandering of
Victorian man wins Scrabble battle in Ringwood Magistrate’s Court
The Herald Sun has recently reported of a Victorian man’s victory in Ringwood Magistrate’s Court against the Victorian branch of the Australian Scrabble Players Association
Latest statistics reveal that half of all Apprehended Domestic Violence Orders in NSW fail…
According to the latest figures from the NSW Bureau of Crime Statistics and Research, NSW Courts issued 26,491 Apprehended Domestic Violence Orders (ADVOs) in 2014.
The Bail Act
Since the Sydney seige on 15 December, 2014 there has been substantial media attention on the Bail Act, 2013 (“the Act”) and amendments that were put
The French Impotence Courts
The history of marriage can reveal some very interesting facts. In 16th Century France for example, men who were not able to please their wives
Out of Court resolution of parenting issues after separation
Dealing with children’s living and care arrangements by agreement There are a few myths about the Australian Family Court system that may not stand up
Are you considering a Divorce? Here is our quick guide to the steps involved.
1. You, your spouse, or both, file an Application for Divorce in the Federal Circuit Court of Australia. 2. Pay the relevant filing fee with
A British man impersonating a police officer has been caught after pulling over the real thing!
9News have today reported on a British man posing as a police officer. The man was caught when he stopped a real police officer for
Financial support of one spouse by the other – it may not end at separation…
One of the questions many of our family law clients ask is whether they will have to pay or, conversely, are entitled to receive, any
Want to buy a new home…You may be eligible for a grant of up to $15,000!
First Home Owners Grant (New Home) – (FHOG)
Are you about to get married or enter into a defacto relationship but worried about your assets? Is a Pre Nup the answer?
At Brazel Moore Lawyers, our Family Law team often receives enquiries about “Pre-Nups“. Such enquiries often come from people who are thinking of getting married
New penalties introduced for failing to report child abuse
Following the death of 11-year-old Luke Batty in Victoria last month, the Victorian Parliament has introduced new penalties for failing to report child abuse to
Child Marriage
Culture and religion both play a big part in how our society sees social institutions such as marriage and families. A recent report of an
Family Violence – In Remembrance of Luke Batty
The shocking circumstances surrounding the recent and tragic death of 11 year-old Luke Batty has touched the hearts of most Australians and put a spotlight
Family Law Property Settlements and “Special Contributions”
Deciding on how to divide the assets and liabilities after the breakdown of a relationship is not an easy task. One of the factors the
International Child Disputes
We live in an age where international travel is easy, affordable and is often a right of passage for young people with a world of
Separating? Protect your most important creations… your kids!
When two people marry they generally believe that it is forever. When we have children we don’t look into the future and ask ourselves “What
UK woman sues her Lawyer for failing to tell her that her Divorce would end her Marriage!
In a recent appeal case in the United Kingdom, a woman tried to sue her Solicitor for professional negligence claiming she was not advised that
New Laws to let you check out the criminal background of your new partner before committing to the relationship….is this a benefit or a minefield!
For some time there has been much political and social debate surrounding family violence including its connection with family law. This has led to a
Appeal allowed in case where former Police Officer claimed malicious prosecution
Malicious prosecution is a civil wrong which enables a person who was the subject of unreasonable and unjustified court proceedings (usually criminal) to seek compensation
Family Provision Claims may be able to be made against an Estate even where it seems there are no Estate assets…
Family Provision claims are about challenging a Will and have nothing to do with the Family Law Act.
Divorce and Separation
Can you keep your lottery win? In a recent case [Eufrosin & Eufrosin] the Family Court of Australia looked into the question of how to
Special Disability Trust
The provision of ongoing care and the gifting of money from your estate for a disabled child is a constant issue of concern for many
If you have been injured as a result of someone else’s negligence you could be entitled to compensation …
but strict time limits apply … If you have been injured because of some else’s negligence at work; in a motor vehicle accident; on
Random Breath Testing
RBT and your Rights Section 13 of the Road Transport (Safety and Traffic Management) Act, 1999 gives police the power to carry out random
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