ByLawyers News and Updates

Publication Updates

Family Law – Discontinuance & Summary Dismissal

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Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.

Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …

See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.

WA – Electronic lodgement for all eligible documents

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From 1 December 2017 – Any lodgement case consisting of eligible discharges, transfers, mortgages, caveats and withdrawal of caveats must be lodged electronically. Are you E-Conveyancing ready? See our paper E-Conveyancing – Get Connected for information and implementation timelines

VIC – New conveyancing articles

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Two new articles about conveyancing in Victoria have been published.

E-Conveyancing – Getting Connected

This is a timely and practical paper about adopting and utilising electronic conveyancing. It includes  information about how to improve the process and where you can find further information and support.

Release of deposit – 2017

There has only been one reported decision on deposit release (McEwan v. Theologedis [2004] VSC 244) and that case did not consider the “condition enuring” argument.  Aurumstone P/L v Yarra Bank Developments P/L [2017] VSC 503 has now considered that argument.

 

VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced

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VIC Wills, Powers of Attorney, Probate and Letters of Administration publications have been updated to take into the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy. Our commentaries contain details of the changes the amending Act introduces.

VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced

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ALERT: The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy.

TAS – Probate Rules 2017 commence 8 November

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ALERT: From 8 November 2017 Probate Rules 2017 commence and Probate Rules 1936 are revoked. Circular No 14 of 2017 Probate Practice and Procedure details transition periods, the 2017 forms, how to submit queries and changes to practice and procedure affecting, for example, notice of intention and search requests.

NSW – Driver licence disqualifications – major changes

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ALERT: The Road Transport Amendment (Driver Licence Disqualification) Act 2017 commenced on 28 October 2017. It reduces some penalties for various driver licencing offence (notably it removes the automatic disqualification for driving unlicensed), it repeals the Habitual Traffic Offender declaration provisions entirely, it removes/amends mandatory minimum disqualifications and it creates an application to the Local Court to remove licence disqualifications after certain offence-free periods.

It is suggested that the last of these will likely create new/increased  work for lawyers in the Local Court.

Parenting orders and more

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See the  ‘Reference Manual – 101 Family Law Answers’ for interesting commentary on some of the lesser known aspects of parenting orders as well as commentary regarding the inability to subpoena certain Government agencies.

These can be found in the Children chapter:

  • Authenticated consent
  • Registration of Australian parenting orders overseas
  • Registration of overseas parenting orders in Australia

And in the newly established chapter on Subpoenas:

Subpoenas – ATO, Centrelink and Child Support Registrar

Companies – new precedents

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New precedents have been added to the publication Companies, Trusts, Partnerships and Superanuation

Put and call option agreement
Put and call option precedent for use by a private company allowing the vendor to grant the purchaser a call option over the shares and the purchaser to grant the vendor a put option over the same shares.

Company constitution
Adding to a comprehensive set of commercial incorporation tools for practitioners and their clients, the constitution is for company members who elect to use a constitution, instead of the replaceable rules to guide their internal governance.

The company constitution precedent includes the general rules governing the relationship between a company’s directors, secretary and shareholders and the activities of the company and can be easily customised to suit individual clients’ requirements.

Table of Replaceable Rules

For company members who elect to use the rules to guide their internal governance. The main advantage of the replaceable rules is that a company who uses them can ensure that they are always up to date with developments and changes in regulation.

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