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Posted on 4 Jul 2019

Adverse Possession

Adverse possession has been defined as ‘possession of land contrary to the interests of the rightful owner’. Adverse possession can arise when you have been using land which you do not own for an…

Posted on 30 Apr 2019

Property Co-Ownership: What is the difference between joint tenancy and tenancy in common?

When purchasing property together with another person or persons, whether it be your spouse/partner, sibling, friend or business partner, it is important that you consider the way in which you wish to co-own the…

Posted on 29 Apr 2019

Is your Heads of Agreement or email exchange binding?

When negotiating a purchase or sale or other transaction, often parties will wish to confirm the terms in writing by email or by signing a Heads of Agreement or Key Terms document. This can…

Posted on 29 Apr 2019

Wind Farm Leases

Ballarat and Western Districts are experiencing a boom in wind farm development, with many farmers being approached with offers to build turbines on their land. Unfortunately, in the excitement of extra income and a…

Posted on 25 Mar 2019

New legislation with respect to the taking of Affidavits and Statutory Declarations

The Oaths and Affirmations Act 2018 (VIC) has come into operation and makes practical changes to the law and simplifies the requirements for the taking of Affidavits. Until now there have been quite formal…

Posted on 25 Mar 2019

Deceased Estates. What “rights” does a beneficiary under a Will have?

Not infrequently, beneficiaries can feel that they are being kept in the dark as an executor administers the Estate. Thus the question “what are my rights?”. Where a deceased has left a Will and…

Posted on 5 Dec 2018

Can I terminate an employee’s employment once they’ve made false allegations of workplace bullying?

“We have here a classic example of a disgruntled and disaffected employee whose own behaviour was in question deflecting attention from their behaviour by making false allegations against others.” In the case of Ms…

Posted on 28 Nov 2018

“Once more unto the Breach”: Review of the Eligible Data Breach Scheme

New legislation requires entities with an annual turnover of $3 million or more, or who provide health services or store health records, to take positive steps to determine whether a data breach has or…

Posted on 3 Jul 2018

ED Black Charitable Trust

The late Ernest Donald Black (in 1974), in association with Nevett Ford Lawyers established a charitable trust. Mr Black’s generosity meant that the whole of his estate on his death constituted the trust funds….

Posted on 1 Jul 2018

Superannuation Borrowings in an SMSF

[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.5.1″] There has been much talk in the press recently about the ability of Self Managed Superannuation Funds to borrow. You would be excused from thinking that radical changes had been…