The definition of a stepchild has been extended to include the child of a party to a de facto relationship, so a stepchild of the de facto testator is capable of bringing a claim against the testator’s estate as the deceased step-parent: s 40A Succession Act 1981.
QLD – End of de facto relationship – Revocation of executor
The end of a de facto relationship with a testator has the same effect as a divorce, namely, it revokes the ex-de facto’s appointment as executor of the will and revokes any benefits the testator gave to the former de facto partner under the Will: new s 15B of the Succession Act 1981.
Contract for Sale of Shares – Extensive
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.
Development services agreement
A recent addition to the precedent library within the Employment Law publication was a Development Services Agreement. An extensive agreement between a principal and a service provider. This new contract appears in the Non-Employment Relationships – Principal and Independent section.
Wills January 2017
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.
SA – Neighbourhood Disputes
Local nuisance elements of the Local Nuisance and Litter Control Act 2016 commence 1 July 2017, creating a statutory framework for nuisances such as unsightly conditions, noise, odour, smoke, dust and animals.
VIC – Powers of attorney
On 1st May 2017 the Powers of Attorney Amendment Act 2016 and Powers of Attorney Amendment Regulations 2017 came into operation. The Act clarified a number of ‘operational’ matters, discussed below and in the article Powers of Attorney – Evolution. The regulations substituted the majority of prescribed forms
Foreign Resident Capital Gains Withholding Payment
Early Alert – Foreign Resident Capital Gains Withholding Payment
It is proposed that from 1 July 2017 the regime will apply to all real property with a market value of $750,000 or above. Once the bill is law this alert, the commentary and precedents will be updated.
Practice management – superannuation
FROM 1 JULY 2017 Concessional Contributions Cap for superannuation reduced to $25,000 for all ages. Before-tax contributions include compulsory employer contributions and salary sacrifice arrangements. Contributions greater than $25,000 from before-tax income may mean payment of extra tax.
NSW – Apprehended violence orders
The Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 has received assent however commencement is yet to be proclaimed. It will give effect to the NSW component of a national recognition scheme for domestic violence orders.
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