26 May 2018

Bank of Mum and Dad loans sour




Earlier this week I was contacted by Duncan Hughes from the Australian Financial Review for comment on a topic that we are hearing a lot about in the media, namely “children accessing  the Bank of Mum & Dad” – the article published this morning is here. As lawyers we see this issue arising on a regular […]

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6 February 2018

How to go about challenging a Will and what to consider




Contesting a Will has a number of names: challenging a Will, estate litigation, making a claim under the Family Provision legislation or a Testators Family Maintenance Claim.  Some of these are the same, but within a Will challenge there are many possible types of challenge. The main type of challenge overwhelmingly is a Family Provision […]

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15 December 2017

What is defamation in 2017? The Rayney chronicles.




2017 has been a very interesting year for defamation cases involving public figures. In June we saw Rebel Wilson succeed in a record breaking defamation case against a magazine publisher, Bauer Media, in Victoria over a series of articles that the Hollywood actress claim damaged her career by depicting her as a serial liar. In […]

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26 October 2017

Ignorance no defence when it comes to Directors’ duties




This recent news article is a sad illustration of a person who as a Director of failed company says she was not aware of her duties as a director. Not only did she not know what her duties as a director were (and went on a massive spend up of company funds on her lifestyle) […]

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11 July 2017

Is your Will giving you the right tax advantages?




An important but often overlooked consideration in estate planning are the tax implications that may arise. The decision of the Western Australian Court of Appeal in Caratti v Commissioner of State Revenue [2017] WASCA 128 delivered on 7 July 2017 makes it clear that if a Will is not worded correctly, then it can change […]

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12 April 2017

How to avoid a ‘commercial divorce’ killing your business




How is your business like a marriage? What happens when the business owners decide to part ways or if one business owner is forced to sell their portion of the business due to personal issues? Unfortunately, I see many business owners who have gone into business with a friend on a handshake deal and have […]

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16 January 2017

Bankruptcies on the rise in WA




Statistics show that in the three-month period ending June 2016, bankruptcies were soaring in WA, with the number of bankruptcies on a national basis having increased 7% compared to the same time in June 2015. Many of these (according to the Australian Financial Security Authorities) have occurred in the mining and resources sector, but prominent […]

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13 December 2016

If I’m bankrupt, can I still sue?




In a nutshell, with very limited exceptions, the answer to this question is no. When a person becomes bankrupt, then under the Bankruptcy Act: All of the property they have at the time they are declared bankrupt automatically vests in the Official Trustee in Bankruptcy. In other words, it becomes the property of the Official […]

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9 December 2016

Does a verbal agreement signify a binding contract?




If you enter into an agreement in writing, such as when you sign an offer and acceptance to purchase a house or you enter into a contract of employment, it is generally accepted that you have entered into a legally binding contract. I am regularly asked whether a verbal agreement or an unsigned contract can […]

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4 December 2016

Is your business making one of these common mistakes we see all too often?




As the year comes to a close we’ve taken a look back at what were the most common mistakes we saw businesses make from a legal perspective.  We wanted to share these with you to ensure you don’t do the same. Accepting handshake deals. I cannot emphasise enough the importance of properly documenting any agreement […]

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OUR THINKING

We’d like to point out that the content within these posts is our opinion and must be treated as a guide only.

The content is subject to change, and is general in nature and may not take into account your particular circumstances. If you are unsure about any of the information within this blog, or would like more information, simply contact us on info@solomonhollettlawyers.com.au.

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