November 2017

01 Nov

Posted at 00:00h in Wills & Estates

Written by Emma Campbell Life is full of uncertainties. The only aspect of life that we can be truly certain about is death. Everything must, eventually, come to an end. Often we hear clients say “if I die”, when the reality is that there is no “if” when it comes to death, only “when”. Resistance to accepting that death is an uncontrollable and definite part of life can often be a reason for avoiding making a Will. Unfortunately, when procrastination occurs it may be too late. As death is certain, it is important to plan for it. Life is uncertain and no one can guarantee what will happen tomorrow. There are many reasons why having a Will is important. The main advantage is that it allows you to be in control of how your estate will be administered, who will inherit from your estate and who will wind up your affairs. You can also decide who will take care of your children. Having a Will prepared by a professional allows for greater tax flexibility and/or tax planning, and allows you to understand family inheritance provision claims (and how best to avoid them). At Belperio Clark we create flexible Wills that take into consideration the many uncertainties...

01 Nov

Posted at 00:00h in General

Written by Bev Clark Many of us will have a flutter on the race today but for some, that bet might be the one that proves to be the final straw in their relationship. Gambling generally is a massive problem in this country and when gambling is an addiction it can have a dramatic effect on the well-being of the family unit. As experienced Adelaide family lawyers, we see the misery that is caused within a family when one of its members has a gambling addiction. The gamblers habit does not just affect them but often impoverishes their spouse and their children and in some circumstances can even have a ripple effect spanning the extended family. In the Family Court, a gambling addiction may be relevant to the parenting capacity of a party if it affects the welfare of the children. It may be relevant to the amount of child support that is paid. Gambling clearly can reflect on a parent’s behaviour and can affect a family’s household resources. More often we see it raised in matters pertaining to property settlement where the non-gambling spouse will seek to have the funds wasted over the years of the addiction added back to the pool and taken...

01 Nov

Posted at 00:00h in Commercial Law

Written by Eugene Reinboth The Australia-wide law protecting consumers from unfair terms in standard form consumer contracts came into effect on 1 July 2010. That law was extended to business to business contracts entered into or renewed on or after 12 November 2016. So, if a business prepares and offers you a contract on a ‘take it or leave it’ basis (i.e. you have little or no opportunity to negotiate the terms), it is likely to be a standard form contract. The business-to-business unfair contract terms law applies to contracts for the supply of goods, services, or the sale or grant of an interest in land, where: at least one of the parties is a small business (that employs less than 20 employees, including casual employees) and the upfront price payable2 under the contract is no more than $300 000 (or $1 million if the contract is for more than 12 months). To be unfair, a term must: cause a significant imbalance in the parties’ rights and obligations, and not be reasonably necessary to protect the legitimate interests of the party advantaged by The term, and cause detriment (e.g. financial) to a small business if it were applied or relied upon. As a business, you may be...

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