General

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 Oct

Posted at 00:00h in General

Australians clearly have a strong interest in relationships judging by the current series of The Bachelorette featuring Sophie Monk smashing ratings – apparently even beating Game of Thrones. Sadly our romance with romance often doesn’t last the distance with about half of all relationships ending in divorce or separation. We understand that the end of a serious relationship is second only in trauma to the death of a child so it isn’t surprising that our divorce lawyers see the significant fallout from that emotional intensity – frequently translating into irrational and unreasonable behaviour during the breakdown and also during negotiations. This makes it far more difficult to resolve all the issues that flow from the breakdown including parenting decisions, support and property settlement. At Belperio Clark we have experienced family lawyers who are not only skilled negotiators and litigators but also mediators and Collaborative practitioners. When couples are in a highly emotional state we know that they are less likely to be able to sort out the important decisions on their own. Most don’t want to end up in Court and we can assist them to understand that the matter doesn’t have to – there are other, far less invasive or expensive dispute resolution options....

01 Oct

Posted at 00:00h in General

Written by Bev Clark The world seems to be a very uncertain place at the moment. With the current conflict between North Korea and the Trump administration, the recent spate of terrorist attacks including Manchester and London, the current tragedy that has just unfolded in Las Vegas and the devastation of natural disasters such as the Mexico earthquake, it reminds me that although we feel incredibly safe in Adelaide and Australia generally, we are a nation of travellers and we love to explore the world we live in. The current focus of the news on these recent events has reminded me in no uncertain terms that life is fragile and that tragedy can strike at any age. Yesterday, I had coffee with a young Adelaide professional who asked to meet with me to talk about business networking opportunities. He is clearly ambitious and driven to grow his business and take up every opportunity to develop professionally and succeed in his practice. What struck me about this young professional was his sense of invincibility, not unlike most young people. In the course of our discussion, we spoke about Wills and associated documents such as Powers of Attorney and Advanced Care Directives. As is not uncommon when I...

01 Aug

Posted at 00:00h in General

Subscription service accessible to subscribers of the South Australian Integrated Land Information System (“SAILIS”) which sends notifications (via email or SMS) when activity is detected on a certificate of title. Who can subscribe to the service: Property owners by setting up a subscription with the Lands Titles Office, via https://www.sailis.sa.gov.au/home/extUser ; and Solicitors or conveyancers who have an active account with SAILIS. Advantages of Subscribing Whenever activity occurs on a certificate of title that a subscriber has nominated, the subscriber will receive a notification. For example, the subscriber is notified if a Priority Notice, Caveat, Transfer or Mortgage has been lodged against the nominated title. A subscriber is also notified when a Form 1 search is conducted in relation to the nominated title. Upon receiving a notification, the subscriber is directed to the SAILIS website to view the details of the activity on the nominated title. There is no cost associated with registering a Title. A subscriber can have up to 20 titles nominated for Title Watch. The subscriber does not need to show any connection to or interest in the Title. If you would like more information on Title Watch, or if you require advice in relation to a property or commercial law matter, please contact Belperio...

01 Jul

Posted at 00:00h in General

Tips on Significant Capital Expenditure for Franchisees. McDonalds and KFC have both unveiled plans in the past month to trial home delivery in partnerships with UberEATS and Foodora. LaPorchetta has also announced that they will trial delivery service, and RedRooster has also announced a stronger push into home delivery, although both will involve the franchisee expending their own capital to roll out the service. What happens when a franchisee is required to buy the expensive equipment for a new service introduced to the market or brand, especially mid-way through the life of the franchise agreement? Another high-cost situation can include the requirement to implement a completely new fitout which is more than a standard refurbishment. Many franchisees have experienced tough market conditions over the past few years and may struggle to afford any significant outlay. Notwithstanding your financial difficulties, it may come as a shock to hear that the franchisor can require this expenditure provided certain conditions are met. In 2015, the Franchising Code of Conduct was updated so that a franchisor can require a franchisee to undertake significant capital expenditure if either: the franchisee approves the spend; it was disclosed to the franchisee in the disclosure document they received prior to commencement or...

01 Apr

Posted at 00:00h in General

What does litigation really cost? I was sitting in Court recently waiting for my directions hearing to be called. A trial had been running before the same Judge and she was hearing cross-examination of the wife (who was self-represented) conducted by an experienced Barrister. The cross-examination focused on the wife’s spending as evidenced by bank statements from 2 years earlier. The wife was seen as evasive when she couldn’t recall what she had drawn funds to pay for – did I mention that the statements were from 2 years earlier?! The wife looked very stressed and was becoming more confused as the questioning progressed. It struck me yet again how artificial our litigation system is. I know I struggle to remember what I spent money on 2 weeks ago and yet here this lady was being expected to recall with accuracy her spending from years before – in circumstances where she was already very stressed and anxious and a lot was riding on the outcome of the proceedings. On another day recently, I learned of a litigant having to turn up for a trial and actively participate in circumstances where their parent had died that morning and they were too afraid to ask for...

01 Oct

Posted at 00:00h in General

At Belperio Clark we consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off – especially if they have children – using mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. The next seminar is on 19 October 2016 at 94 Sturt Street, Adelaide. Please call  (08) 8212 1322 to reserve a place or to find out about future events....

01 Sep

Posted at 00:00h in General

Written by Eugene Reinboth New legislation relating to contracts comes into effect on 12 November 2016. The outcome is that any standard contracts entered into, varied or renewed on or after this date will have new obligations imposed on its terms. The legislation will apply to contracts where: it is for the supply of goods or services or the sale or grant of an interest in land; at least one of the parties is a small business (employs less than 20 people) and/or the upfront price payable under the contract is no more than $300 000 (or $1 million if the contract is for more than 12 months). All contract terms must not be “unfair” and must be transparent, that is, expressed in reasonably plain language, legible, presented clearly; and readily available to any party affected by the term. What if a term is found to be ‘unfair’? Then the unfair term will not be binding on the parties. The rest of the contract continues to bind the parties unless the unfair term makes that impossible. Please review your standard contract terms and vary them, if necessary, so that they comply with the new requirements.  This will ensure that your contract terms remain binding. For further information about...

01 Aug

Posted at 00:00h in General

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...

01 Aug

Posted at 00:00h in General

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...

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