Do you own a company that contracts with customers or enters into terms and conditions with customers? A recent Supreme Court of Appeal decision found that a party cannot contract out of liability for misleading or deceptive conduct under Australian Consumer Law. The Victoria Supreme Court of Appeal confirmed that a party cannot contract our of…
A recent Supreme Court of WA judgment found a defendant was in contempt of court for ignoring orders in relation to a Family Provision Act 1972 (WA) (FPA) claim. In The Public Trustee as administrator of the Estate of Jean Mary O’Sullivan v O’Sullivan [2025] WASC 108, the court found that the defendant, Mr O’Sullivan,…
Family Trusts and Family Breakdowns – Understanding Asset Pool Inclusion Family trusts can significantly impact asset division during family breakdowns, such as divorce or separation. Understanding how family trusts are treated in these situations is crucial for individuals navigating such challenging circumstances. Role of Family Trusts Family trusts are legal arrangements that hold assets on…
Post office wills are notorious amongst estate practitioners for being rife with issues. They do not provide for all different possible circumstances. Without receiving advice from an experienced estate planning practitioner, you are likely to miss key factors regarding your circumstances that require specific considerations and plans put in place and recorded correctly in your…
Defacto Relationships – Understanding the Financial Implications In the realm of relationships, the legal status of “de facto” often raises questions about financial rights and responsibilities. Understanding what constitutes a de facto relationship and its implications on finances is crucial for individuals navigating this dynamic aspect of modern partnerships. Defining De Facto Relationships A de…
Compassionate Guidance Through Divorce and Separation At Ahern Sierakowski, we understand that divorce or separation is a challenging and emotional journey. During this difficult time, having the right support and guidance can make a significant difference. Understanding the Legal Definition Divorce is a legal process that formally dissolves a marriage, bringing an end to the…
Protecting Your Business Assets For business owners, navigating divorce can introduce complex challenges that extend beyond personal matters to include the protection of valuable business assets. Whether you’re a sole proprietor, partner, or part of a closely held corporation, safeguarding your business interests during divorce proceedings requires careful planning and strategic considerations. Understanding Business Assets…
Our family law system emphasizes empowering separated families to reach their own agreements on caring for their children without the need for court intervention. In Australia, it is mandatory for separated parents to attempt Family Dispute Resolution (FDR) before seeking parenting orders from a family law court. Mediation and arbitration offer efficient alternatives to lengthy…
Legislation Update: Superannuation Split in WA De Facto Relationships Recent legislative changes in Western Australia have introduced significant updates regarding the division of superannuation assets in de facto relationships. Understanding these changes is crucial for individuals navigating separation or divorce in the region, particularly concerning financial settlements and superannuation entitlements. Key Changes in Legislation Previously,…
Understanding the Essentials Custody battles can be emotionally charged and legally intricate, requiring thorough preparation and understanding of key factors. Whether you’re navigating a divorce or separation, understanding what’s involved in custody disputes is essential for advocating for your child’s best interests. Types of Custody Legal Custody: Involves decision-making authority regarding important aspects of a…
