A bare trust, also known as a simple trust, is a straightforward form of trust where the trustee holds the assets on behalf of the beneficiary until the beneficiary is entitled to receive them. This type of trust is commonly used in estate planning and administration due to its simplicity and the direct control it […]
The Department of Foreign Affairs and Trade (DFAT) in Australia provides an authentication service for documents that need to be used overseas. The authentication process involves verifying the signature, seal, or stamp on a document to confirm that it is genuine. Here is a general outline of the process: Document Preparation: Ensure that the document […]
Federal Minister can issue passport for child. A passport will not be issued to a child unless each responsible parent consents or there is an order of the Court about international travel. The Minister has discretion to issue if: 1. case is exceptional; 2. child’s welfare would be adversely affected if not permitted to travel; […]
How often do we hear of family members (non-parents) stepping up to care for children when for some reason one or both parents cannot. Can they or indeed another non-parent such as an aunt or older sibling apply for a parenting order to define their authority? Most definitely-section 69 C (2) provides that any person […]
A lot can happen in a few months and the legal landscape has changed as well for this type of case. For a long time the rule in Rice and Asplund applied. That is, the Court must first find a significant change in circumstances. The new section 65DAAA of the Family Law Act now applies. […]
If I die first my joint tenancy asset goes the survivor. This is my spouse. Or if my spouse dies first I get my spouse’s interest in the joint tenancy asset. But what if we both die at the same time? For example, in a car accident or from an aeroplane crash. And it is not […]
Family (also often called discretionary ) trusts have been protecting assets, policing family benefit sharing, simplifying inheritance and spreading family income and the tax that goes with it. On average, many of those trusts can theoretically benefit parents, children , grandparents, grandchildren, siblings and aunts and uncles, all multiplied by two to include their spouses – so, many […]
Divorce is the legal end of a marriage (dissolution of marriage). Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage. The only […]
A recent case considered by the Queensland Supreme Court Williams v Williams & Anor [2023] QSC 90 has highlighted the importance of taking all of the required steps to ensure a binding death benefit nomination is valid and capable of giving a legally binding direction to the trustee of a superannuation fund for the payment of death benefits […]
If you have an original document issued by an Australian government department (ie, birth certificate, marriage certificate, citizenship certificate), also known as a public document, you can obtain an apostille from the Department of Foreign Affairs and Trade (DFAT). If you have a private document (ie, power of attorney, contract) or a copy of a public document, […]