Legal Articles
Change the Locks after Spouse Moves Out?
February 17th, 2016 by | Family
You are entitled to your privacy and security in your home. You can ask your partner to hand over their spare keys to the property when they move out. If your partner refuses to hand over their spare keys, if you are worried about your safety and/or if they attend at your home suddenly, you… Read more »
Property Settlement Where House in Ex-Partner’s Name
February 17th, 2016 by | Family
All assets are taken into account in a divorce property settlement regardless of who has legal title to the asset. Even if your ex-partner is the registered owner of the property, you may be entitled to a share depending on your contributions and other relevant factors. Property settlements includes real estate (irrespective of whether it… Read more »
Standards of Proof in Different Court Cases
January 18th, 2016 by | Court Disputes
When something has to be proved before a Court or Tribunal, the question to be addressed is to what degree (“how much” or “how well”) does it have to be proved? This will depend on the type of case, the issues in the case, and the type of Court or Tribunal. In a criminal matter,… Read more »
Defamation on the Internet – The Secondary Publisher
November 18th, 2015 by | Defamation
Since our June 2015 article, ‘Internet Defamation – Sexy Photos, Lies & Broken Promises’, where we spoke of difficulties in having defamatory material removed from the world wide web, a decision of the SA Supreme Court in Duffy v Google Inc has been delivered (27 October 2015), which is instructive. In that case, various persons… Read more »
Estate Planning Issues for Blended Families
November 9th, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
In my opinion, there is no more important time to consider your estate planning than when you are part of a blended family, whether that involves a second marriage, or a de facto relationship where one or both of you have your own children, or a first relationship with a partner who has their own… Read more »
Died Without a Will – Distribution of Intestate Estate
November 9th, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
I am often asked: “But if I die without a Will, won’t it just go to my family anyway?” This statement is basically true, but it is the manner in which your estate would be distributed and the obstacles to be negotiated in order to make it happen that one should be concerned about. The… Read more »
Lawyers Obliged to act in Best of Client and Court
September 23rd, 2015 by | Court Disputes
In the film Reversal of Fortune, the actor playing Alan Dershowitz gives an example where a woman on the point of divorcing her husband is suddenly accused of molesting her son. He describes the nightmare fallout – suddenly she is all alone – everyone assumes she is guilty – even the mailman is starting to… Read more »
Tips to Improve Your Chances of Being a Successful Litigant
September 4th, 2015 by | Court Disputes
In our experience, resolving a dispute favourably is usually due to a number of factors. These are some of the factors that contribute to a successful outcome when you have no choice but to litigate. Respect the little things: Most successful entrepreneurs focus on the big picture, but they know that the minutiae must also be covered…. Read more »
New SA Probate Rules 2015
September 2nd, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
On 1 July 2015 some long-awaited changes to the rules governing Probate applications in South Australia came into force. The aim was to make the rules simpler, easier to understand and easier to implement. Having worked with the new rules for one year, here are some things to watch out for when preparing to apply… Read more »
Estate Planning Considerations for the Terminally Ill
July 6th, 2015 by | Wills & Estate Planning
Will preparation sometimes brings us in contact with terminally ill people. Such clients have often been given life expectancy time frames and wish to ‘get their affairs in order’. Whilst everyone’s circumstances are different there are some ‘essential documents’ that should be put in place to ensure that your wishes both before and after you die… Read more »
Internet Defamation – Sexy Photos, Lies & Broken Promises
June 22nd, 2015 by | Defamation
Recently, this firm successfully helped a client to demand the removal of a defamatory blog from the internet by the server company. This is easier said than done, for in the world of the internet, complex legal questions arise as to where publication occurred, where proceedings can be brought and whether an internet server can… Read more »
Unfair Dismissal at Harley Heaven
June 10th, 2015 by | Employment
As recently reported in ‘The Advertiser’, a worker unfairly dismissed from his employment at Peter Stevens Motorcycles (‘Harley Heaven’) was awarded substantial compensation by the Fair Work Commission after a contested proceeding. Beger & Co’s Peter Jakobsen acted for the dismissed employee, who was alleged to have hit a fellow employee and subordinate. The employee… Read more »
Gifts That Might Fail in Your Will
June 1st, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
The failure of a gift in a Will is called “Ademption”. For example a willmaker may leave a house in a Will but then sell the house. The gift in the Will is said to have adeemed or failed. Ademption may also occur as a result of a legal rule, the “doctrine against double portions”…. Read more »
Crazy But True: 20% Yield on ‘Pet-Friendly’ Holiday Homes in South Australia
May 22nd, 2015 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Property & Leases
When the average yield for a 3 bed house in Adelaide is around 4.5%, is it really possible to buy an average 3 bedder that grosses 15% or higher? Yes it is! But of course, there’s a unique business model behind this strategy. One of my long term clients, Melinda Mayne, bought a very ordinary… Read more »
Mediation – Why Bother?
May 22nd, 2015 by | Court Disputes
In legal disputes, mediation is often raised as an alternative to Court proceedings. Why? Why not leave it to the Judge or, alternatively, simply sit down with the enemy and arrange a truce over a coffee? Let’s look at these possibilities – trial or negotiation – and come back to mediation. The Trial Model The… Read more »
