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, Powers of Attorney & Advance Care Directives SA
Wills, Powers of Attorney & Advance Care Directives
DECEMBER
- 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.
OCTOBER
- Costs Agreements – 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.
SEPTEMBER
- Powers of Attorney and Advance Care Directives – Update paragraph on South Australian Civil and Administrative Authority.
JUNE
- Added new precedent – Individual will creating multiple testamentary discretionary trusts.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
- Powers of Attorney 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.
- The Advance Care Directives Kit produced by the South Australian government has been included in the guide. The kit is useful for practitioners who may wish to pass on additional information to their clients. The kit includes:
- Advance Care Directive Form
- Information Statement
- Substitute Decision-Maker Guidelines
- Information for Witnesses
- Information for Interpreters
Estates SA
OCTOBER
- Commentaries updated regarding deceased estates and foreign resident capital gains withholding payments.
- Costs Agreements – 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.
SEPTEMBER
- Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
- Update links to Cultural Gifts Program and Supreme Court Civil Rules 2006.
MAY
- New Precedent – Initial letter to creditor confirming account.
- Letters of Administration commentary – Update content re Right to a copy of the will and the inventory of assets. In line with change to Probate
- Letters of Administration commentary – Update to Administrator commission content re Professional administrators.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
- Letters of Administration – New precedent added – Initial letter to beneficiaries in will annexed
- Probate – New precedent added – Search request form for copy of will or grant
MARCH
- Precedents updated to reflect changed probate legal fees:
- Retainer instructions – Estates
- Costs agreement – Probate
- Costs agreement – Letters of administration
- From 28 February 2016 fixed fee replaced with sliding fee.
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.
Conveyancing SA
OCTOBER
- Sale and Purchase of Real Property – added in commentary discussing foreign resident clearance certificates.
- Purchase of Real Property Commentary – clause added on payment of fees when purchaser not proceeding.
- New Precedents
- To do list – Sale of real property
- To do list – Purchase of real property
- Costs Agreements
- 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.
- Clause on recovery of fees added when purchaser not proceeding.
AUGUST
- Sale of Real Property – commentary updated to include discussion on bringing co-ownership arrangements to an end via partitioning.
- Sale and Purchase of Real Property commentaries – added further content on Foreign Resident Capital Gains Withholding Payments.
MAY
- Foreign resident capital gains withholding payments amendments made to Commentaries and Retainer instructions.
- Include foreign resident capital gains withholding payments when over $2 million to all necessary precedents and to do lists.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
- New section included in the commentary on powers of attorney for land transactions to accompany power of attorney precedents.
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.
Magistrates’ Court Civil SA
OCTOBER
- Costs Agreements – 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.
AUGUST
- From 1 August 2016 Small Claims reduce from $25,000 to $12,000 or less. Edit scale of costs – Third schedule.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
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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