ByLawyers News and Updates

Publication Updates

Contract for Sale of Shares – Extensive

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A new precedent has been provided. The Contract for the Sale of Shares – Extensive covers many of the issues that may arise in complex transactions. It may be found in our Companies, Trusts and Partnership Guide in the Companies section within Deeds and agreements.

Wills January 2017

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New Commentary. Challenging a will questions its validity. Contesting a will questions the fairness of its provisions. The circumstances and processes when challenging a will are similar across all the states in legislation and in the common law principles that govern this interesting area of the law. This addition to commentary covers helpful tips for practitioners if they are faced with a client wishing to challenge the validity of a will.

Music copyright

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Following a recent mentor question the Sale & Purchase of Business commentary in all states was updated to discuss the licensing requirements  for business owners when playing background music in their businesses. Amendments were also made to the Retainer Instructions in each state.

WILLS AND POWERS OF ATTORNEY VIC

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Wills and Powers of Attorney

MAY 2017
  • Commentary updated to take into account changes introduced by Powers of Attorney Amendment Act 2016 and Powers of Attorney Amendment Regulations 2017. See commentary and article ‘Powers of Attorney – Evolution’. Changes include:
    • impact of new enduring power of attorney on previous powers;
    • clarification of the number of alternative attorneys that can be appointed;
    • forms updated in line with substituted forms as introduced by amending regulations.
  • Commenced 1 May 2017.
JANUARY 2017
  • New Commentary on Challenging the validity of a will
    • Challenging a will questions its validity. Contesting a will questions the fairness of its provisions. The circumstances and processes when challenging a will are similar across all the states in legislation and in the common law principles that govern this interesting area of the law. This addition to commentary covers helpful tips for practitioners if they are faced with a client wishing to challenge the validity of a will.
  • Updated information on LIV Capacity Guidelines and Toolkit
OCTOBER 2016
  • Powers of Attorney Commentary- Author update regarding witnessing execution by the attorney.
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
  • Wills Commentary – Author update regarding superannuation as part of the estate.
JUNE 2016
  • Added new precedent – Individual will creating multiple testamentary discretionary trusts
  • Case law – Succession has been enhanced with addition of discussion on Badenach v Calvert re duty of care to intended and disappointed beneficiaries.
MAY
  • Added to commentary – New content re Interstate powers of attorney and Interstate instruments.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Commentary enriched to include a new section ‘What an attorney can’t do’. Commentary also enriched to include Instruments made in other states
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

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