Another Pro Forma Will Disputed in Court

By Lucille Moala • In Estate Planning, Estates, WillsComments Off on Another Pro Forma Will Disputed in Court

The Queensland Supreme Court case of Rhodes v Rhodes (as Executor of the Will of Cecil Ronald Rhodes) & Ors [2017] QSC 21 serves as a timely reminder that pro forma Wills are a poor substitute for proper estate planning advice and drafting. In this case, the deceased left his

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Powers of Attorney, Trusts and Companies

By Lucille Moala • In Estate PlanningComments Off on Powers of Attorney, Trusts and Companies

A Power of Attorney is one of the most important legal documents that a person can make. They can have an effect on your health, financial and living situations. As such, it is important to be aware of the powers that they can extend. In Queensland, there are two kinds

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ATO debts added to your credit record

By Lucille Moala • In Commercial LawComments Off on ATO debts added to your credit record

From 1 July 2017, the Australian Taxation Office (“ATO”) will inform credit rating agencies of businesses that have outstanding tax debts. If your business has tax debt, you are now required to take steps to engage and work with the ATO to manage and pay off that debt. If the

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Making a Will – do you need to provide for your ex-partner?

By Lucille Moala • In Estate Planning, WillsComments Off on Making a Will – do you need to provide for your ex-partner?

You may think that your financial obligations to your ex-partner end following a family law property settlement. However, the recent case of Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10 has indicated otherwise. In this case, the deceased’s ex-wife (Magdalena) brought a claim for further provision

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Superannuation reforms commencing 1 July 2017

By Lucille Moala • In Estate PlanningComments Off on Superannuation reforms commencing 1 July 2017

The prospect for superannuation reforms was announced by Treasurer Scott Morrison when he announced the 2016-2017 Budget earlier this year. On 23 November 2016, the Treasury Laws Amendment (Fair and Sustainable Superannuation) Bill 2016 and the Superannuation (Excess Transfer Balance Tax) Imposition Bill 2016 were passed by both Houses of

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Family Provision Application considered by the Supreme Court of New South Wales

By Lucille Moala • In Estate Planning, Estates, Litigation, WillsComments Off on Family Provision Application considered by the Supreme Court of New South Wales

The recent case of Sitki v Sitki; Sitki v Aksoy [2016] NSWSC 1396 (Sitki) provides an interesting insight into the matters the Court may take into account when determining Family Provision Applications. The case was heard in New South Wales. The law in New South Wales provides that a spouse,

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DIY alterations to your Will – what could possibly go wrong?

By Lucille Moala • In Estate Planning, WillsComments Off on DIY alterations to your Will – what could possibly go wrong?

It is important to have your Will and any changes to your Will drafted by a suitably experienced lawyer. You may have a general idea of your intentions when drafting your Will or when making changes to your existing Will yourself, but a lawyer is able to implement your wishes

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7-Eleven store owner ordered to pay record $400,000 in fines for underpaying staff

By Lucille Moala • In Employment LawComments Off on 7-Eleven store owner ordered to pay record $400,000 in fines for underpaying staff

A Brisbane 7-Eleven store owner and his company have been fined in excess of $400,000 after being found to have underpaid staff. Judge Michael Jarrett of the Federal Circuit Court ordered Sheng-Chieh Lo to personally pay $68,058 and his company to pay $340,290 in fines. The court heard that 12

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