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 – LOCAL SOLICITORS SUPPORTING LOCAL NEEDS – 

KP Carmody & Co

                   Servicing Young & Harden districts for over 40 years

Solicitors & Attorneys

What Rights does your former spouse have to your estate?

For most people, the end of a relationship is a very emotional and stressful time. Most people will seek family law advice to finalise the division of property and assets between them. However, many will fail to seek legal advice to update their estate planning documents.

Why is the meaning of child for super and tax purposes important?

The effect is that a child of the person’s spouse also automatically qualifies as a child of the person, without needing to be an adopted child or stepchild of the person.

Super death benefit claims where there is no binding nomination

Where there is no binding nomination at the date of the member’s death, the fund’s governing rules will often adopt the standard for payment of the death benefit contained in Superannuation Industry (Supervision) Regulations, cl 6.22, which confers a discretion on the trustee of the superannuation fund to pay the member’s death benefit in favour of the member’s legal personal representative and/or the member’s dependants.

Procedural Fairness, Unfair Dismissal and Employment Law

As a part of the practice of employment law, it is often the case than an employee who has been dismissed complains that they were not afforded ‘procedural fairness’.

Often the argument will be that their employer, in the process of formulating its decision to dismiss the employee, failed to give the employee a genuine and proper opportunity to respond to the allegations and / or notice of the reason for the dismissal.

Elder Law & Succession – Appointment of Dividend

By her last will Vivienne Ross gave her shares and other interests in any companies to Hopi Markin. At her death in April 2017 she owned shares in Mia Rosart Pty Ltd. In August 2017 that company declared a dividend totaling $3 million with Ross’s portion being $1.5 million.

Small Business Restructuring Process

On 1 January 2021 some of the most significant changes to insolvency law in three decades were introduced following amendments to the Corporations Act.

The new laws allow small businesses the flexibility to restructure their debts whilst allowing directors to remain in control of the business. The new laws also provide for a new simplified liquidation process.

Bank Acts to Prevent Elder Abuse

The customer opened a Westpac bank account and added the complainant as a signatory. Four years later, in July 2019, the customer and complainant ordered $100,000 in cash. A few days later, the customer was admitted to hospital.
The bank refused to deliver the cash to the complainant. In August 2019, the complainant made a bank transfer of $100,000 from the customer’s account to purchase gold bullion. Two days later, late on a Friday afternoon, the complainant attempted to withdraw $800,000.

Harsh, Unconscionable, Oppressive: Angus has the last bark on strata by-law

The Coopers and Angus, their miniature schnauzer, live in a 43-storey strata scheme in Darlinghurst, Sydney. The scheme’s by-laws relevantly stated ‘an owner or occupier of a Lot must not keep or permit any animal to be on a Lot or on the Common Property’

Elder Law & Succession:  Allegation of Testamentary Fraud

The allegation of testamentary fraud is relatively rare and is the analysis of that issue which is dealt with in this note.

Home-made administration of home-made will

The executors transferred the Blacktown property to the three children because that is what they understood the deceased wanted. The children entered into a contract for sale of the property. Violet lodged a caveat and bought proceedings for the construction of the will. She argued that the will gave her the Blacktown property whilst the children argued that it conferred a lesser interest which she had abandoned.