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Whether you are an individual or a large corporation client, the independently owned and operated member practices of Law Australasia provide you with the specialist advice you need by drawing on the combined resources of all our firms across Australia. As an association of law firms this quality of legal advice is available wherever you are.

Through your local LawAustralasia firm you can:

  • Consult an accredited specialist in specific areas of the law that may not be available in your local region.
  • Benefit from the legal experience of over 200 solicitors in LawAustralasia across the region.
  • Instruct law firms in other jurisdictions without having to travel to that jurisdiction yourself.
  • Receive real value for money through LawAustralasia’s commitment to the latest systems and technology that deliver superior, cost competitive service to clients.

News From Our Firms

The importance of getting an agreement in writing

 

Despite the commonly held view that the world is becoming more litigious, the reality is that a significant number of agreements and contracts between people are still only reached verbally. Verbal or handshake agreements generally work well, until they don’t!
In this article, commercial lawyer Julia Arena explains the importance of getting an agreement in writing and how to avoid future disputes.

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How to resolve a commercial dispute

 

If you find yourself in the difficult situation of having to resolve a commercial dispute, there are a number of steps that you need to progress through before Court is an option. Commercial lawyer Julia Arena explains more in this article.

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What do I do if I am being sued for a debt interstate?

 

If you’re being sued for a debt interstate, Andersons senior associate Julia Arena explains what options are available to you regarding transferring the claim to SA or legal representation interstate.

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Family Violence and Protection Orders
The Family Law Act 1975 and the Queensland Domestic and Family Violence Protection Act 2012 provide several different ways for the Courts to address and respond to family violence and to keep people safe.
Continue reading the following article to find out how protection orders and the legal system can protect you.
 
Family Law Property Settlement & Death of a Party
When separating couples formalise their property settlement, this will be recorded by a Binding Financial Agreement or Content Orders. If one of the parties passes away during the process, it can have significant effects. Andersons Partner Ryan Thomas explains more in this article.
 
De Facto Relationships

 

De Facto relationships are ones that last a period or longer of 2 years, if there is a child involved or if there were substantial contributions to the property.
Picture this scenario: a couple purchase a house together; one party invests $100,000 and the other invests nothing. If the parties split after 18 months, the contributions made by the party would be substantial despite not being together for more than 2 years.
Continue reading the facts within Adesso v Payton by clicking the below article; just remember the facts in a de facto relationship are not always clear as day.

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Opening the Floodgates – an (inadvertent?) change to how parenting orders can be reopened

 

Explore the recent shifts in family law that could change how parenting orders are reopened. Learn more about the implications for your situation in this blog by Richard Hamilton.
 

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First Christmas After Separation & Divorce? Surviving the Festive Season As Separated Parents

 

Christmas as a separated parent can be a time of heightened emotions. Navigating the needs of all involved is not easy but it doesn’t have to mean that this year it can’t be a time of celebration.
 
This month Director Fiona Caulley shares recommendations for parents to help make Christmas manageable and even joyful after separation.
 

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Understanding the role of an Independent Children's Lawyer (ICL)

 

An Independent Children’s Lawyer (ICL) is a lawyer who represents children’s interests in proceedings. In this article, Family Lawyer Jessica Walton explains when an ICL is appointed and what their role is.

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Guide: Separation & Divorce Resources for Parents

 

Helping clients navigate the emotional maze of separation is made easier by having the right information at hand.
 
Our updated 2024/2025 guide for parents experiencing separation or divorce is a summary of our clients’ most valued resources and can be read online or downloaded in PDF format.
 

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Questions about children when separating

 

There is no good time to tell children that their parents are separating. It is certainly better to have the discussion sooner rather than later – don’t leave it until the night before one parent moves out.
Whilst it sounds easy, it is not always possible for families to openly discuss this thing. Continue reading the following article about some common questions raised in terms of separation.

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So you’ve reached a final property settlement agreement which has been finalised by way of Court Orders. What happens if one of you wants to change the agreement? Family Lawyer Stefanie Wheare explains.

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What is "collaborative divorce"?

 

FACT: Worldwide Google searches for “collaborative divorce” have been steadily rising over the last 12 months. But what is it?

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Protecting “Bank of Mum and Dad” Contributions to Help Children Buy Property

 

It’s no secret that parents are increasingly stepping in to help their children enter the property market, but who gets that money if the relationship doesn’t last?
 
This latest article explores the pros and cons of common ways parents contribute and what to do to minimise financial risk.

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Separation is never easy, especially when it comes to making decisions about your child’s future. Our latest article breaks down how to create a Parenting Plan that works for your family, with tips on flexible arrangements and more.

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Understanding Annulments in Australia

 

When it comes to ending a marriage, most people think of divorce. However, in certain circumstances, an annulment might be the more appropriate option.
In this article, family lawyer Natalie Jonas explains what an annulment entails, the grounds for obtaining one and the associated risks and benefits.

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Property Settlement After Separation or Divorce: How Is It Worked Out?

 

When separating, people often have many questions about the property settlement process.
 
This article from Sian Coleman answers these common questions and more:
  • How do you divide property in a divorce (or de facto separation)?
  • What’s involved in a separation/ divorce settlement?
  • How long does the property settlement process take? &
  • Why formalising the terms of any agreement is so important

Read the article …

Protecting Yourself, Your Property and Your Finances After Separation - What are your options?

 

Amidst the uncertainty of separation, it’s crucial that you take steps to protect yourself, your property and your finances for the future. Whilst the process of disentangling your finances can be challenging, failing to do so can lead to ongoing stress and long-lasting financial consequences. Senior Associate Natalie Jonas explains the options available to you to sever financial ties in this article.

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Defending a Domestic Violence Order Without a Lawyer

 

The Australian Institute of Health and Welfare reports that 1 in 4 women and 1 in 14 men have experienced physical and/or sexual violence and/or emotional abuse from an intimate partner.
 
In order to combat the perpetration of domestic and family violence, the government’s response was to make the process of obtaining Domestic Violence Orders easier. This order intends to protect someone from violence, abuse, or harassment. The consequence, however, is that it has become increasingly difficult to defend these civil applications.

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If you are in the midst of a divorce or separation, and going to Court appears as though it may be on the horizon, you may be looking for ways to gather evidence against your former spouse or partner.
 
It is not uncommon for people to wish to submit evidence of voice or video recordings to the Court.
 
Fiona Caulley explains the legality of making recordings and how the Family Law Court treats this type of evidence.

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Australian visa changes: Subclass 482 TSS visa

 

Australia has announced a series of changes to the Subclass 482 Temporary Skills Shortage (TSS) visa, from 24 November 2024, pending parliamentary approval. These updates are being introduced by the Australian government to broaden access for skilled candidates and make it easier for employers to recruit suitable skilled employees.

 

 

Recent discussions surrounding changes to the 485 Visa regime, effective from July 1, underlines the critical need for applicants to stay informed about migration regulations. Failing to do so can lead to severe consequences, including the denial of an Australian Visa.

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Family Violence provisions for Skilled visa applications

 

Some welcome developments to extend family violence protections to secondary skilled visa applicants, who are often left at the mercy of the primary applicant to obtain a visa for Australia.

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Significant policy changes for the Subclass 400 Temporary Work (Short Stay Specialist) Visa

 

Recently the Department of Home Affairs has implemented changes to the 400 Visa that make it harder for applications to be approved. The Department is scrutinizing 400 Visa applications to ensure this pathway is not used by employers and applicants to apply for the Subclass 482 TSS Visa. The Department’s motivation behind this policy change is also to ensure Australian citizens and permanent residents are not disadvantaged in the job market.
 

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Australian Partner Visa - Things you should know

 

The Australian government thoroughly reviews all partner visa applications regarding your relationship to determine if it meets the relevant criteria.
Australian Partner visas, which include the Partner Visa 309, Partner Visa 100, Partner Visa 820, and Partner Visa 801, have complex legislative requirements that must be met for the visa to be granted.
 

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New Visa Ballot System for Work and Holiday Visas

 

The government recently announced a new visa pre-application, or ballot, process for individuals from certain partner countries who wish to apply for Work and Holiday visas. This system is aimed at ensuring a fair distribution of visas in cases where the number of applicants is expected to exceed available places.

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The Workplace Justice Visa

 

Employers beware! Have you heard about the new Workplace Justice Visa that protects overseas workers?
As of the 1st of July 2024, the Australian Government has implemented the Workplace Justice Visa in the Migration Amendment Regulations 2024. This visa safeguards overseas workers’ rights in Australia and promotes fair treatment in the workplace. The Workplace Justice Visa represents a significant step towards ensuring that workers who face exploitation or injustice in the workplace have access to legal protection.

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Establishing Causation: A critical aspect of medical negligence claims
If you believe you’ve suffered from medical negligence, you may be able to make a claim for compensation. Establishing causation is a critical aspect of medical negligence claims that needs to be addressed. Personal Injury lawyer Suzanne Pinyon explains in this article.

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Can I seek compensation from a supermarket slip and fall?

 

If you’ve slipped and injured yourself in a supermarket or public place, you may be entitled to compensation for your injuries. In this article, Personal Injury Lawyer Alisha Testa explains the law of negligence and what steps you need to take to make a compensation claim.

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Should I see a lawyer if I've been injured in a car accident?

 

If you’ve been injured in a car accident, you may be able to claim compensation for your injuries. In this video, Partner in Andersons personal injury team, Sarah Vinall explains when you should see a lawyer and what you can be compensated for.

Watch the video or read the article …

How can I make a medical negligence birth claim?

 

Have you or your baby suffered an injury during birth? Can you claim for an injury suffered during pregnancy? or after your baby is born? In this video, medical negligence lawyer Suzanne Pinyon explains what constitutes a medical negligence birth injury claim and how you can proceed with making a claim for compensation.

Watch the video or read the article …

Car Accident Insurance Claims: What to do when you receive a settlement offer

 

If you’ve been injured in a car accident and you’re making a claim for compensation, there are a few things you should know before accepting the insurer’s settlement offer. Personal Injury Lawyer and Partner at Andersons, Matthew Fuss explains in this video.

Watch the video or read the article …

How is compensation calculated for motor vehicle accidents?

 

Most CTP accident claims are resolved by negotiation and result in a lump sum compensation payment. Personal Injury Lawyer Toya Nguyen explains how compensation for car accidents is calculated in this article.

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What can I claim if a loved one dies in a car accident?

 

Andersons Partner Sarah Vinall explains dependency claims.
If a family member was killed in a car accident that was caused by another driver, you may be entitled to compensation.

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When can a motorcycle rider claim compensation?

 

What does pain and suffering compensation mean after you’ve suffered an injury? And what are you actually entitled to? Senior Associate in Andersons’ civil litigation department, Madelaina Mestroni unpacks the topic for you.

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Temporary off-the-plan duty concession (Victoria)

 

New Stamp Duty Savings for Off-the-Plan Buyers!
Starting October 21, 2024, a temporary stamp duty concession is available for off-the-plan purchases of new apartments and townhouses in Victoria!
This exclusive 12-month offer could mean significant savings for eligible buyers—whether you’re an investor, company, or trust.

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Do I have the right to request a copy of a Will?
In January 2025, significant changes will be made to succession laws when Section 48 of the Succession Act 2023 (SA) comes into play in South Australia. Estate Planning Lawyer Laura Corbett explains the changes in this article.

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The importance of including digital assets in Wills: Why it matters

 

As our lives become more and more entangled in the digital world, it is important to ensure that your digital assets aren’t forgotten as part of your estate plan. In this short article, we explore what digital assets are, and how they need to be considered when making your Will.
 

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Understanding Victoria’s new Probate Filing Fee increase

 

The Victorian Government today announced an increase in filing fees for the Probate Office. These increase fees come with some controversy because for some estates, filing fees have increased by over $14,000.
 

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Would your family trust survive a black sheep attack?

 

A really interesting chat this week with Morgan Solomon being interviewed and included in a piece here by Duncan Hughes at the Australian Financial Review.
Great to see these important issues being brought to wider public attention – trusts are ubiquitous in modern estate planning but not well enough understood.
Thanks again AFR on shining a light on the issues raised here. Raising general succession literacy can only produce better outcomes for all.

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What is the Great Wealth Transfer?

 

Have you heard of the Great Wealth Transfer? It is expected that over the coming years over $3 trillion will be transferred from our older generation to their heirs resulting in significant shift in the financial landscape in Australia. In this short article we discuss the Great Wealth Transfer and what you need know.

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What happens if I don’t have Powers of Attorney?

 

Many people come to lawyers for their Wills however, they have not thought about Powers of Attorney? Do you know what they are and what it means if you don’t have them in place?

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Who doesn't get your super when you die?

 

For working Australians, superannuation is often one of the most important sources of wealth as we chip away at saving for retirement.
But what if you don’t end up using your super benefits, and die in the meantime? How can you make sure your hard-earned money will end up where you want it to – and give security to your loved ones?
Our very own Brigitte Hollett has answers to this and more in her piece on where super goes when you are no longer around.

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How to deal with a Refundable Accommodation Deposit (RAD) after death

 

As our population ages, the number of people living in aged care facilities increases. Upon entering a facility, a resident is usually required to make a payment being a Refundable Accommodation Deposit.
This can be a significant amount of money and in this short article we discuss how the RAD is dealt with after the death of a loved one.

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What if I don’t want to be an executor?

 

Being an executor is not always a simple task and there are certain duties and responsibilities you have in the role. But what can you do should you not wish to be an executor? In this short article, we provide you with some of the options available.

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What is elder abuse?

 

As at 30 June 2020 Australia’s population included 4.2 million people (16% of the total population) over the age of 65 years. With such a large number of older Australian’s, elder abuse is becoming more and more prevalent. This short article provides some information on what elder abuse can look like and what you can do should you be concerned.

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Severing joint tenancy: how a blended family can share in the inheritance of property

 

What do you do if you’re a blended family and want to leave your home to both sets of children? Solicitor Kira Millikan explains your options in this article.

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What does a Probate Lawyer do?

 

When someone thinks of a lawyer, their mind may wander straight to high legal fees. Engaging a probate lawyer to assist with the administration of an estate may be costly however, estate administration can be a complex process and if errors are made along the way, could be far more costly in the long run.
 
In this article, we aim to provide some information on the workings of a probate lawyer and the how they assist clients with the administration of estates.

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Why You Need to Finalise Your Property Settlement Properly

 

🏡 Thinking of Skipping the Formal Property Settlement Process? Think Again! 🏡
 
When it comes to property settlement, the details matter more than you might think. Failing to properly finalise your property settlement can lead to unforeseen legal issues and financial losses down the road. Ashley Lovelock explains why a proper settlement isn’t just a formality — it’s a crucial step to protect your future.
 

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Making a Will - What is testamentary capacity?

 

Have you heard the term ‘testamentary capacity’?
This is probably one of the the most vital aspects when making a Will and is all about whether you can or can’t make a Will based on your mental understanding of the situation.

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Mutual Wills and Oral Agreements

 

While Mutual Wills are rare, they do still exist and with blended families become more and more common, they are not likely to disappear any time soon.

A Mutual Will Agreement is created between two individuals (usually spouses or domestic partners) when making their Wills which creates an agreement whereby they agree to not revoke or alter the terms of their Wills in the future without the consent of the other party.

Mutual Wills are often used to ensure that assets pass to the surviving partner or in blended families to ensure assets pass to children of the deceased.

In a case heard by the Supreme Court of Victoria earlier this year, the court needed to determine whether an oral agreement made between Kurt and Marilyn Miglic in 1993 was a Mutual Will Agreement.

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Recent changes to the Workers’ Compensation and Rehabilitation Act 2003 (Qld)
Changes were passed by parliament on 22 August 2024 that change the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCR Act).

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