Blog

Californian Community Property v. Australian Family Law Property Regime

17/1/2021

Family Law

Californian Community Property v. Australian Family Law Property Regime

Where you reside can have a huge impact on your ability to protect your "Separate Property" in the context of divorce, separation, death or the assertion of a creditor's claim! This article discusses the major difference between the family property regimes used in Australia v. California.

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Licences to Occupy: A viable alternative to Leases?

22/12/2020

Property Law

Licences to Occupy: A viable alternative to Leases?

COVID-19 has created a lot of empty buildings - There is a solution!

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Your Pets are Family: Providing Emergency + Long-Term Care for your Furry, Fluffy or Fine-Feathered Friends!

17/12/2020

Estate Planning

Your Pets are Family: Providing Emergency + Long-Term Care for your Furry, Fluffy or Fine-Feathered Friends!

This article will help you provide emergency + long-term care for your Pet/s! Do what you can to ensure your Pet/s are well looked after … ✅ Complete your Petcare Plan ✅ If you become sick or injured … ✅ If you lose capacity … ✅ If you pre-decease your Pet/s …

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How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations.

How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations.

You have the right to remain silent … in your civil legal dispute. By the time you approach a lawyer to assist with your civil legal dispute, you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers. Whilst you might think you are progressing the matter: ➲ This is generally a mistake!‍

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A “Cautionary Legal Tale”: The housemates from hell!

26/11/2020

Property Law

A “Cautionary Legal Tale”: The housemates from hell!

When cash flow is short: One option to help pay the rent/bills/mortgage is to take in one or more flat or housemates. You may think that this is a simple matter (no legal advice required). This article is a “Cautionary Legal Tale” based on one of our real client's experiences. When flat or housemates refuse to pay rent + make living in your own home so untenable you have no choice but to leave … you have the housemates from hell! This is a scenario that could have you kicking yourself that you didn't engage a lawyer to start with!

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Are your Australian Trusts Ticking Time Bombs?

25/11/2020

Property Law

Are your Australian Trusts Ticking Time Bombs?

Please take special note of this article + seek urgent legal advice if you have or are contemplating Australian Investment, Business +/or Property dealings via your Family/Discretionary/Testamentary Trusts. If your respective Trust Deeds irrevocably prohibit distributions to beneficiaries who are foreign persons you have already circumvented the legal issues & potential civil + criminal liabilities raised in this article. if not, please read on …

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Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call

Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call

How confident are you that your existing or contemplated contracts will be enforceable in light of unexpected events such as the COVID-19 pandemic? This article is a timely deep dive into the history and development of the common law precedents guiding interpretation and enforceability of force majeure clauses.

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COVID-19 Safe Solutions for witnessing Wills + other key documents in Australia

20/10/2020

Estate Planning

COVID-19 Safe Solutions for witnessing Wills + other key documents in Australia

Witnessing requirements for the creation of a valid Will in Australia as well as many legal documents across the board, have become a public health issue under COVID-19. It is generally not possible (on account of physical constraints) to have witnesses attest and sign a Will whilst observing social distancing. In this article we: ➲ Provide a warning about what could go wrong! ➲ Strongly recommend practical alternatives such as “Will through a window!” if witnesses can witness in a COVID-Safe manner, and ➲ Broadly outline the current Australian legislative response temporarily enabling remote AVL witnessing in some jurisdictions.

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NSW Court of Appeal declares Strata pet blanket ban by-law to be “oppressive”!

19/10/2020

Property Law

NSW Court of Appeal declares Strata pet blanket ban by-law to be “oppressive”!

At what will hopefully be the end of a David v. Goliath battle, the NSW Court of Appeal has unanimously held that a Strata pet blanket ban by-law was ➲ “oppressive”! This judgment, as well as proposed legislative amendments (supported by the first-ever online e-petition in NSW Parliament's history), may finally signal victory for pet owners!

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Privacy Policies & Australian Law

6/1/2019

Privacy Law

Privacy Policies & Australian Law

This article provides a summary of an original article entitled “Privacy Policies & Australian Law” written by James D. Ford, GAICD which was published in late 2018 + is hosted on iubenda's website. ‍ By way of full disclosure: Blue Ocean Law Group℠ is iubenda's Legal Network partner in Australia + New Zealand.

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