Legal Articles
Service of Court Process From Overseas
March 29th, 2017 by | Court Disputes, Peter Jakobsen
The world is a smaller place and more and more of us do business overseas, in the United States among other countries, despite the disdain of the US President for certain free trade agreements. But business can, unfortunately, sometimes lead to litigation (which has been described as business by other means). What to do if… Read more »
Is There a Time Limit For Executors to Distribute Estates?
March 22nd, 2017 by | Deceased Estates & Inheritance Claims
One of the most common questions I am asked when dealing with Probate matters is: is there a time limit for executors to distribute estates? Most people are surprised to hear that the answer is “no”. But that is not the end of the story when it comes to administering an estate. To learn more… Read more »
Stamp Duty on SA Business Transfers Abolished
March 21st, 2017 by | Business Sale & Purchase, Commercial Transactions
Stamp Duty was abolished from all SA business transfers from 18 June 2015 but this is still (good) news for lots of people. In fact, SA stamp duty was abolished for transfers of all non-quoted marketable securities (shares in private companies), units in unit trusts and all non-real property (non-land) transfers which includes licences such… Read more »
Incorrect Death Certificate Problematic for SA Probate
March 17th, 2017 by | Deceased Estates & Inheritance Claims
From 1 July 2015, all applications for Probate (or Letters of Administration) must be accompanied by an original Death Certificate, or a copy certified by a solicitor. The Probate Registrar has indicated that he will not accept errors on the Death Certificate. This stems from the admirable conviction that the historical records of our State… Read more »
Expert Evidence
November 22nd, 2016 by | Court Disputes
Generally, the Courts aren’t interested in anyone’s opinion except their own. That is, the Courts are there to hear facts and then deliver their opinion (which is called a Judgment). One major exception to this principle arises in the case of an expert witness. Experts are allowed to give an opinion and have that opinion… Read more »
Electronic Conveyancing
November 22nd, 2016 by | Conveyancing
On Monday 4th July 2016 Electronic Conveyancing was introduced in South Australia. So what does that mean for property owners? Some of the substantive changes are set out below. Client Authorisations Parties no longer sign their own Lands Titles Office documents, but are instead signed by the legal practitioner or conveyancer on behalf of their… Read more »
Executor’s Payment
July 12th, 2016 by | Deceased Estates & Inheritance Claims
Executor’s Payment Available in Certain Situations The question is often asked by those appointed executor of a deceased estate, whether they are entitled to a payment for the time and effort required to do everything necessary to sort out the deceased estate. If the executor is also a beneficiary of the estate or if the… Read more »
How Long Does Your Commercial Lease Run?
July 12th, 2016 by | Property & Leases
If you’re a tenant seeking commercial space, or a landlord leasing commercial space, note that the policy of the Retail and Commercial Leases Act 1995 is to give commercial tenants a minimum of 5 years, whatever the lease says. Sections 20B (1) and (2) of the Act state: “(1) The term for which a retail shop… Read more »
Who Pays The Mortgage After Separation (Australia)?
June 2nd, 2016 by | Family
When a couple separates, one partner usually continues living in the family home and the other party lives in rental accommodation. However, this then raises the question – who pays the mortgage after separation (in Australia)? And am I still liable to pay the mortgage repayments if I move out of the family home? In… Read more »
Binding Financial Agreements Between Spouses
June 2nd, 2016 by | Family
Are you married or living with your partner (or planning to do so)? Do you worry about how your assets and superannuation will be dealt with if you separate? You may want to consider drafting up a Binding Financial Agreement (prenup). But before you draft or sign the agreement, you need to know what’s involved… Read more »
Proper Execution and Witnessing of Will is Vital
June 2nd, 2016 by | Wills & Estate Planning
Executing a Will is an extremely important process. All too regularly, we see Wills that have been either prepared at home through a “Will-kit”, or prepared by solicitors and witnessed at home, where the Testator (the Willmaker) and witnesses have not observed the proper formalities. It is usually a surprise to the Executors to find… Read more »
Defamation Damages for Internet Abuse
June 2nd, 2016 by | Defamation
In a celebrated recent case, a self-appointed ‘avenger’ styling himself as “The Arbitrator”, complete with website and blog, decided to go on a one-man crusade against Australia’s banks. Fair enough, you might think – the internet can empower the weak against the strong. But such power, like all power, should not be abused. The case… Read more »
Buying a Defence Housing Property in SA
May 25th, 2016 by | Conveyancing
I have recently had an influx of conveyancing on Defence Housing Australia (DHA) properties. These tend to vary from standard conveyances as a purchaser negotiates the property and terms directly with DHA. Then the Contract and Form 1 documentation is prepared by DHA’s Solicitors. This documentation is forwarded by DHA’s Solicitors to your conveyancer for… Read more »
What Are Gifts in Contemplation of Death?
May 21st, 2016 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
There may be many reasons why a person wants to give away their assets when they know or believe they will soon die. Perhaps they never made a Will or don’t have time to update their current one; or maybe they want to provide a benefit to someone who has helped them or disinherit someone… Read more »
Injunction Undertaking as to Damages
April 10th, 2016 by | Court Disputes
We have written on injunctions in general [see our article ‘When Only an Injunction Will Do‘] but want to remind you that generally, if you seek an interim or interlocutory injunction, you will need to give an undertaking as to damages, so that if the injunction turns out (after a trial) to have been granted… Read more »
