August 2016

Written by Eugene Reinboth (Adelaide Commerical Lawyer) The Personal Property Securities Register (PPSR) is the single, national online database of security interests in personal property in Australia. It protects businesses that sell on terms, such as retention of title or consignment, or hiring, renting or leasing out valuable goods, machinery, vehicles and equipment. It also protects lenders. Businesses can register their interest in goods they have yet to receive payment for, helping them to recover the debt and lessen the risk of losing the goods if the customer does not pay or becomes insolvent. Lenders can also register their interest for loans provided to businesses or individuals using stock or other personal property as collateral. The PPSR legally defines the priority of security interests, with a ‘first in, best dressed’ principle. It is, therefore, necessary to register the security interest at the earliest and in time. The legislation provides for extensions of time to register in certain circumstances. The Supreme Court of Western Australia recently considered the following circumstances. In November 2014 the borrower company by its director requested that the lender provide short-term financial accommodation to provide working capital to the borrower company whilst it undertook a capital raising. The lender was not usually engaged...

Written by Emma Campbell It’s true that one in three marriages fail. There are no statistics about de facto relationships, but we believe that when we factor in de facto separations the reality is that half of all relationships will end in separation. This does not need to ruin your life. The stigma around separation is that the process often expensive, emotional, stressful and well… expensive! But it does not need to be like this; there are options. Relationship breakdowns occur when one or both parties decide they are unhappy and want to separate. Naturally, this is an emotional process for all involved. Once you factor in joint assets and children, the emotion and stress levels rise. However, you can rebuild your family and transition from one family unit into two separate households with dignity. We can help you achieve this. Firstly, you can resolve your issues at home. If you and your partner want to save the added cost of involving a professional, discuss what might be fair and reasonable at home. You may get independent legal advice as to what your entitlements at law are before you have a discussion with your spouse, or you may simply choose to divide what you...

Did you know that today is ‘Dying to Know Day’? The GroundSwell Project want to encourage all Australians to: develop their death literacy make the end of life plans such as a will and advance care plans share these wishes with their families get informed about end of life and death care options such as dying at home, home and community-led funerals and natural burial be better equipped to support family and friends experiencing death, dying and bereavement The thought of death is unpleasant for many people but a part of life. We encourage all of our clients to consider the inevitable and to prepare. A professionally prepared Will is crucial. An Advanced Care Directive lets you set out your wishes for your healthcare including the end of life care. Morbid? No, just part of living. Give us a call today to talk about Wills, Enduring Powers of Attorney and Advanced Care Directives. Or as we like to call them ‘A Peace of Mind Pack’! Phone: (08) 8212 1322 ...

A substantial number of people are now finding themselves being advised of an inheritance of either real estate or money in bank accounts located in foreign jurisdictions. Unfortunately, most of the general public are unaware or unsure of how to actually claim or obtain these inheritances.  Neither are government departments or a large number of the legal profession able to assist. This is a specialist area. It is important that people who find themselves in this position are aware of 2 fundamental facts: – almost certainly it will be necessary for you to engage a notary public; it will also be important to engage a notary who understands overseas civil law jurisdictions in the way in which that legal system operates as opposed to the Australian common law system. All Notaries Public must be lawyers in South Australia but not all lawyers are a Notary Public. If you do find yourself in the position of having to obtain a foreign inheritance or deal with foreign jurisdictions our notary Roy Hasda at Belperio Clark can assist in all the above matters and more. Roy has experience with Civil Law jurisdictions and speaks and writes Italian and French....

Written by Bev Clark (Adelaide Family Lawyer) Many people assume that going to Court is a good option for settling a dispute. They assume justice will be served if they go to Court. Most people know that Court is very expensive and can take a long time. What they might not realise, however, is that once Court proceedings commence, they can’t get out of that process unless either they reach an agreement with the other side, or a Judge makes a decision. Whilst they are in the Court process, there are many hearings and requirements that parties must attend to that are costly, and that parties may wish they didn’t need to fund -but they have no control over that. I find that many clients who are stuck in litigation feel powerless and most would love the process to end – or to never have begun – but that is not in their power to achieve unless they accept a completely untenable outcome if the other party is particularly difficult to deal with. There are other processes for dispute resolution besides Court. My advice is to only use Court as a last resort and, if at all possible, work in a less invasive, less expensive model of...

Written by Charlie Belperio Unfortunately, many people wait too long to put into place an effective Will, Enduring Power of Attorney and Advance Care Directive.  These documents set out what is to occur upon our death/loss of capacity.  Who will have control of our assets?  What directions etc do we make? Without these sorts of documents, in the event of our death, our assets are likely to be distributed in a way that does not reflect our wishes and further, there will be added expense and inconvenience to our loved ones. Loss of mental capacity without an Enduring Power of Attorney or Advance Care Directive will again expose loved ones to significant emotional and legal issues and is likely to result in Government bodies becoming involved in your affairs. We often see people who, due to the rapid progression of illness, leave it too late to put these documents into place and no longer have the mental capacity to do so.  It is always sad to see the anguish that loved ones find themselves in when this situation arises. Please make sure that you and your loved ones have a professionally prepared, up to date Will, Enduring Power of Attorney and Advance Care Directive.  Don’t...

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