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Alternative Dispute Resolution (‘ADR)
Conflict arises in many situations due to various factors, circumstances, culture or a misalignment in approaches or ideas.Alternative Dispute Resolution (‘ADR)ADR is a term used to describe the various processes that people use to manage, resolve, or reach...
Proof of Life Documents
IntroductionProof of Life documents, also known as “life certificates,” are formal attestations confirming that an individual is alive as of a specific date. These documents are frequently required by pension funds, insurance companies, and governmental agencies,...
Understanding Letters of Administration in Victoria
IntroductionWhen a person passes away without leaving a valid Will, their estate cannot be administered in the same way as if there was a Will appointing an executor. In such cases, the Supreme Court of Victoria may grant what is known as Letters of...
Can a stepchild make a claim against an intestate estate if they have not been legally adopted?
Key Legal IssueThe central issue is whether a stepchild—who has not been legally adopted by the deceased—can make a claim against the estate of a person who died intestate (i.e., without a valid will) in Victoria.Relevant Legal PrinciplesEntitlement on...
Notarial Certificates for Powers of Attorney to be Used in Croatia
IntroductionVictorian Notaries are frequently called upon to prepare Powers of Attorney (POA) for clients intending to use these documents in foreign jurisdictions, including Croatia. In such cases, the POA must be notarised by a Notary Public and often requires...
Siblings as Beneficiaries under Superannuation Rules in Victoria
IntroductionSuperannuation is a significant component of estate planning in Australia, often representing a substantial portion of an individual’s wealth. However, the distribution of superannuation benefits upon a member’s death is governed by specific legislative...
Intestacy Laws in Victoria: An Overview
Intestacy arises when a person dies without leaving a valid will. In such cases, the distribution of the deceased’s estate is governed by the intestacy provisions set out in the Administration and Probate Act 1958 (Vic) (“the Act”). This article provides an...
Notarising Powers of Attorney for India
Key Legal Issues When notarising a Power of Attorney (POA) for use in India from Victoria, the principal legal issues are: Ensuring the POA is validly executed and notarised in accordance with both Victorian and Indian requirements. Satisfying any additional...
The Federal Government recently announced substantial increases in fees
The Federal Government recently announced substantial increases in fees to be paid to both the Family Court and Federal Circuit Court in respect of family law cases. The legal profession through both the Law Council of Australia and the various state representative...
COVID-19 early access to Superannuation and its impact on Family Law Property Settlements
Pursuant to the information on the Australia Taxation Office’s website, individuals who are financially affected by COVID-19 can access some of their superannuation early. Those individuals will not need to pay tax on any amount released to them and will not need to...