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For many, preparing a Will can be a daunting task. There are often concerns about the time involved or even thinking about death. However, given the rising number of inheritance disputes, having a professionally drafted Will is more critical than ever. Your Will ensures that your assets are distributed in accordance with your wishes. Take for example a couple who have been dating on-and-off again for 3 years but then the relationship ended. The law may conclude on the facts that they were in a de facto relationship for a time. As such, even though the relationship ended, the surviving individual may claim against the family and the estate will be in litigation for sometimes several years. DIY Will kits are relatively inexpensive to purchase. However the money you save upfront can be far outweighed by the issues faced by your loved ones upon your passing. If errors are made within the document, including whether the strict witnessing rules are adhered to, then the document could be deemed invalid. DIY Will kits are unable to provide you with options and guidance regarding complex situations including blended families, trusts or self-managed super funds. Neglecting to attain expert advice could leave your assets vulnerable to unnecessary tax and prolong the grant of probate.  Making sure your...

Adelaide Franchise Lawyers - Muffin Break backlash for unpaid work Buying a franchise can be a highly rewarding venture both personally and financially. However, as we have seen in a recent incident with Muffin Break, there are a number of important factors that must be considered before signing on the dotted line. In an interview with Muffin Break’s General Manager Natalie Brennan that was posted over the weekend on www.news.com.au, comments that she made regarding Millennials and unpaid work were released. These comments have gone viral, receiving significant backlash from the community. When you buy into a franchise, you are paying for the benefits that come with that brand. Unfortunately you are also exposed to any negative publicity or other risks that the brand incurs. It is important to consider that if you want to sell a profitable business, and there is negative publicity which you have not caused, you may still have issues. We recommend buyers to research the brand, talk to current franchisees, and seek professional advice. Existing franchisees who experience negative publicity should also seek advice as to strategies to mitigate that risk and the legal options available to you. For any advice or assistance in relation to franchising, speak to one...

Co-parenting – Nesting Arrangements Nesting is a concept emerging from cases where parents have concerns about the negative impact a separation has on their children and they wish to maximize their children's stability. Nesting refers to an arrangement whereby the children remain in the family home and the parents take turns living in the home with the children. In our society, it is more common for the children to shuttle back and forth between the parents in their new separate residences, but some families either in the short or long term prefer not to impose such an arrangement on their children. In most situations, parents adopt this approach as a temporary measure either during the early stages of their separation or in some cases to enable a child to complete their high school education without disruption. Benefits The children have continuity and their routine is not disrupted. There is an ease of reconciliation in the event that the parents are only trialling a separation, whilst ensuring that both parents can maximize their time with the children. The children have stability. The children can live in their familiar environment while they get used to the reality of the separation. The parents have an opportunity...

The Law Society of South Australia - BULLETIN ARTICLE OCTOBER 2018 Tips for Young Lawyers Practicing in Family Law By Erica Panagakos, Senior Associate, Belperio Clark  I remember my first family law file well. Whilst my other files sat neatly in their tidy manilla folders, the family law matter was spread across my office floor in a series of archive boxes. One of my first tasks was to inspect and copy subpoena material from the Department for Child Protection. I arrived at the Registry expecting to find a few documents and was somewhat stunned when the clerk asked me which box I wanted to look at first. I spent most of the next two weeks sifting through the boxes of material which contained all kinds of hideous and confronting information. Family law is often complicated and stressful. However, it is interesting and rewarding and there is never a dull moment. As a newly admitted lawyer, I was fortunate enough to have good support around me at my office but no one can manufacture years of experience. I have put together some basic tips which I don’t profess to be exhaustive but you might find them helpful if you are a young lawyer practising in...

[caption id="attachment_2953" align="alignleft" width="1024"] Lawyers “fuelling family conflict”[/caption] Written by Bev Clark Lawyers “fuelling family conflict” I am very pleased to read the article in The Australian Newspaper on 31 October 2018 with the above heading. It was pointed out that a family law Judge has hit out at “horribly aggressive lawyering” driven by profit that is driving up costs in divorce proceedings and fuelling conflict between parents. Whilst it was highlighted as occurring especially in Sydney, it is my view that this also occurs in other states, including Adelaide. Lawyers are traditionally trained to be gladiators for their clients and to fight for their clients desires. It has always been the view at Belperio Clark that a gladiator approach is unhelpful. We prefer to see ourselves as lawyers acting as wise guides for clients when they are going through the worst time in their lives. Our philosophy mirrors the concern that has been raised by Federal Circuit Court Judge Harman. To quote Judge Harman “their job (meaning the lawyers) is to be problem solvers, to help people find resolution of conflict, rather than to generate conflict, to fuel it, to create it where it didn’t previously exist”. In a book released by mediator Zoe Durand...

  COMMERCIAL LEASES When: Wednesday, 10 October 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/commercial-leases-tickets-49074267455) or Belperio Clark Lawyers Venue: Don Pyatt Hall, 175 The Parade, Norwood SA 5067 If you are running a small business, you will likely need to negotiate a commercial lease at some stage. Commercial leases are a significant cost and ongoing liability to small business. Landlords often have significant bargaining power when negotiating the lease. Understanding the basics and what to look for in a lease will assist small business owners in avoiding detrimental terms and managing risk when negotiating rent. Belperio Clark Lawyers presents this free information session outlining negotiating commercial leases, understanding the lease agreement, and what to do when you have a problem.   FRANCHISEE RIGHTS AND THE FRANCHISING CODE When: Wednesday, 14 November 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/franchisee-rights-the-franchising-code-tickets-49074410884) or Belperio Clark Lawyers Venue: Belperio Clark Lawyers, 94-98 Sturt Street Adelaide SA 5000 When buying into a franchise, it is important to have clear expectations on the franchisor and the relationship. Franchise contracts often place significant obligations on franchisees, but can be quite hard to navigate. The 2018 Senate Inquiry into franchising has highlighted many issues surrounding franchisor conduct and disputes in franchising. It is crucial for franchise owners to understand how franchising works and their options...

Written by Eugene Reinboth  The ever popular Aretha Franklin died recently and has been making media headlines including in The Sydney Morning Herald. It has been reported that she died without making a Will or preparing a Trust in relation to her large estate, reportedly in excess of $100 million. As commonly occurs, family tend to commence Court proceedings. Her four sons have apparently commenced such proceedings. There is a niece involved as well. She is seeking appointment as Ms Franklin’s personal representative of the estate. Ms Franklin’s lawyer has publically expressed the view that he had been trying to get Ms Franklin to create a Trust, but was unsuccessful. This would have kept matters private. Her personal affairs have now however become public. Her lawyers also reportedly mentioned another well-known musician, Ike Turner, whose estate is still being litigated 11 years after his death. Such litigation depletes the estate. Furthermore, it delays the distribution of the estate. It is often stated that there are two certainties in life – death and taxes. Most will attend to preparation of their income tax returns. It is also important to prepare a Will and associated documents. This, so that financial and property matters can...

What is death literacy? It is the practical know-how needed to plan well for the end of life. This may sound strange, but it is an important issue as 75% of Australians have not had end of life discussions. As the number of Australians aged 65 and over doubles by 2050, improving our death literacy is even more important. Dying to Know Day was last week on the 8th of August and was the sixth annual ‘Dying to Know Day’ aimed at encouraging Australians to discuss death and make appropriate arrangements for when you pass away. Preparing for the end of a life may seem foreign and uncomfortable but it is a necessary and serious process. The key features of planning for death should include a Will, an Enduring Power of Attorney, and an Advanced Care Directive for health decisions. Everyone’s situation is different. Do you have assets? Do you have children or step-children? Will your superannuation form part of your estate when you die? Seeking proper advice for your Will ensures that what you want to happen to your assets is what is directed. An Enduring Power of Attorney ensures financial decisions can be made for you in the event of incapacitation...

At Belperio Clark we pride ourselves on finding the best possible solution for our clients. Our family law solicitors handle all aspects of family and de facto law matters. We recognise that leaving a relationship is stressful, especially if there are children involved. There are usually financial, emotional, and legal issues that need to be addressed. You may only separate once, but we deal with relationship breakdowns everyday. We can provide you with the support and legal assistance that you require to act for yourself, and if you reach an agreement we can prepare the necessary documents to have it formalised. Alternatively, we can handle your matter from start to finish. Our family lawyers are experienced professionals who can guide you through the separation process with care and understanding. We provide a high level of service that is cost effective and resolution focused. We are experienced at resolving disputes both in and out of Court, but we see Court as a last resort. We will help you to choose the dispute resolution process that is best for your family. We are not like other lawyers, and we are proud of that. Let our family help yours. Here's some recent feedback that one of our experience family law...

In many separations, children find themselves caught between their parents, and it is well documented that prolonged exposure to parental conflict can have a significant impact on their wellbeing. The ability to properly communicate with your former spouse in relation to parenting matters is critical in promoting your child’s best interests, and luckily modern technology is making communication between separated parents easier. There are several apps on the market designed to assist parents. Using an App to communicate with your former spouse can have significant advantages over older methods. Many parents that find it difficult to communicate directly have relied on a "communication book". The book is generally passed between the parties at handover of the children, often by the children themselves. Unfortunately the communication book may not always work as intended, and some potential issues include: Children may realise that the book being regularly passed between their parents is about them, only serving to highlight the dispute between them. Children may read the book. Writing abuse, swear words, and/or other aggressive messages about each other in the book is a trap that disgruntled parents often find hard to resist. The book may also end up in front of a judge,...

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