Mutual wills arise where two persons enter into an agreement to make wills, usually in identical terms, to distribute property on the death of the survivor.

Summary guide to various asset holding structures.

Loans to adult children can cause headaches and heartaches if that child’s marriage breaks down and, as often occurs, there is a subsequent argument as to whether the money advanced by you was a gift [and therefore not repayable] rather than a loan as you had intended.

Most new leases now expressly provide that a rent review clause is an essential term, however, care should be taken in regard to older leases, particularly long-term leases, as they often will not contain any such stipulation. In such cases, reference to the common law principles of construction will be necessary to determine whether, in fact, time is of the essence.

It is a common misconception that a Lessor waives its right to administer a rent review clause if not administered in accordance with the timing under the Lease.

We do “simple Wills” all day every day. Husband and wife, adult children, first marriage, everyone healthy and well. A simple Will provides for the husband and wife to be executors of each other’s Will, with the children as alternatives when they are over 18. Everything to each other, then to children, then to grandchildren.

But firstly we have to establish that it is that “simple”. Amongst other things, consideration needs to be given to...

Justice Robert French has just taken up residence as new Chief Justice of the High Court of Australia. He came from the Perth wing of the Federal Court where he was involved in some important cases. Of special interest is Re Richstar Enterprises, a 2006 case with a significant impact on private law areas of personal liability, insolvency and taxation. It was civil litigation by creditors of the failed Westpoint Group.

Champion Legal handles franchise matters regularly and can assist to protect your legal interests as Franchisor or Franchisee upholding the genuine win-win nature of franchising.

“Time” is very relevant to the legal issues arising in a contract to purchase and/or sell real property. There are obligations under a Contract for Sale of Land which are required to be performed by both vendors and purchasers within a specified time. What happens when a party fails to meet these time obligations?

There’s never been a time like the present to consider putting a valid Will in place to ensure that your hard-earned assets are distributed to your choice of beneficiaries upon your death.

• Owner occupied housing from 1 September 2007
• Investment housing from 1 July 2008
• All advances from 1 July 2009