Legal Services Blog - Brazel Moore Lawyers

Free Call

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

Estate Planning – Who Can Receive Superannuation Benefits?

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,

Have you been injured in a Motor Vehicle Accident?

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

Have you had a fall or suffered injury in a public place?

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

Dismissal of criminal charges by way of Section 10 – how common are they really?

Granny flat arrangements can tear families apart if not done the right way

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

The Dallas Buyers Club and the Future of IP Piracy in Australia

Privacy Rules

Appointments now available in Wyong!

“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

Changes to the New Home Grant Scheme from 1 July, 2014

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.