This blog post explores some common areas of disagreement between business partners and offers insights into how these situations can be navigated.
Prenuptial agreements, once considered taboo, are gaining popularity among millennials as a practical and proactive way to protect their assets and clarify financial expectations in a relationship. As family lawyers we view prenups as a modern tool for couples to navigate the complexities of marriage and potential separation with greater certainty and control.
This blog post aims to shed light on the key aspects of contesting a will, helping you understand your rights and the steps involved. Crucially, it also serves as a vital warning to those drafting a will: seek proper legal advice, especially if you anticipate potential challenges.
Congratulations! You're taking the exciting leap into entrepreneurship. But before you dive headfirst into your brilliant idea, it's crucial to lay a solid legal foundation. Although it may be an upfront cost you cannot seem to afford, having the right documents in place from the start can save you significant headaches, costs, and potential legal battles down the line.
Business ownership adds a layer of complexity to property division, and it is crucial to take proactive steps to protect your business and ensure a fair outcome.
Being arrested can be a frightening and confusing experience. However, understanding your rights and knowing how to navigate the process can make a significant difference with your criminal law matter. Where do the Police Powers to Arrest come from? The Police have the power to arrest you under Section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) , commonly referred to as LEPRA. What is the basis for an arrest? In 2013, the above laws were amended to outline when a police officer could arrest you without a warrant. This is based on one or more of the following: (a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and (b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons-- (i) to stop the person committing or repeating the offence or committing another offence, (ii) to stop the person fleeing from a police officer or from the location of the offence, (iii) to enable inquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false, (iv) to ensure that the person appears before a court in relation to the offence, (v) to obtain property in the possession of the person that is connected with the offence, (vi) to preserve evidence of the offence or prevent the fabrication of evidence, (vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence, (viii) to protect the safety or welfare of any person (including the person arrested), (ix) because of the nature and seriousness of the offence. Police Officers may also arrest you if directed by another Police Officer to do so in accordance with any of the above. You should be taken to an authorised officer who either a Local Court Magistrate or Registrar of any Local Court or Children’s Court as soon as reasonably practicable. Pursuant to section 105 of LEPRA Police officers can discontinue the arrest at any time and without taking the person to the above authorised officer. The purpose of arrest is to bring the individual before the Court to answer the charge or allegation laid by the Police.
The Fair Work Commission (FWC) ruled in favor of an employee who wanted to change his work arrangement to care for his child. The employee, Mr. Aoyama, asked to work from home three days a week, but his employer, FLSA Holdings Pty Ltd, refused. The FWC decided that FLSA did not have good business reasons to say no to Mr. Aoyama's request and ordered the company to allow it. Mr. Aoyama had been working from home two days a week since at least July 2023. In October 2024, he asked to change his arrangement to work from home three days a week to help with childcare. The FWC agreed with Mr. Aoyama, stating that his suggestion would not hurt the company's business. This decision is important because it supports employees' right to ask for flexible work arrangements to care for their children. It also tells employers that they cannot unreasonably refuse such requests. Kent Aoyama v FLSA Holdings Pty Ltd [2025] FWC 524
Divorce in Australia is governed by the Family Law Act 1975 (Cth), and as family lawyers, we guide clients through this process, ensuring they understand the legal requirements and their rights.
In today’s digital world, we accumulate more online assets than ever before—ranging from social media profiles and cloud storage to cryptocurrency holdings and digital business interests. But what happens to these digital assets when you pass away? Estate planning isn’t just about physical and financial assets anymore; it’s essential to consider how your online presence will be managed after your death. Understanding Digital Assets in Estate Planning Digital assets include anything stored electronically or accessed online. These can be: Social Media Accounts – Facebook, Instagram, LinkedIn, and Twitter profiles Email Accounts – Gmail, Outlook, Yahoo, etc. Cryptocurrency and NFTs – Bitcoin, Ethereum, digital wallets, and blockchain-based assets Online Financial Accounts – PayPal, bank accounts, investment platforms Cloud Storage and Digital Files – Google Drive, Dropbox, iCloud Subscriptions and Memberships – Streaming services, shopping accounts, professional memberships Each platform has its own policies regarding access after death, making it crucial to outline your wishes in your estate plan. What Happens to Your Online Accounts After You Die? Many online services have policies for dealing with accounts after the user passes away: Facebook & Instagram – Offer options to memorialise the account or allow a designated legacy contact to manage it. Google (Gmail, YouTube, Drive, etc.) – Provides an “Inactive Account Manager” feature, which lets you decide what happens to your account after a period of inactivity. Apple & iCloud – Requires a court order to access a deceased person’s account unless the Digital Legacy feature is set up. Cryptocurrency & Digital Wallets – Since crypto is decentralised and password-protected, without proper planning, assets can be lost forever. Without specific instructions, some accounts may be deactivated, while others could remain indefinitely or become inaccessible to loved ones. How to Incorporate Digital Assets into Your Estate Plan To ensure your digital assets are handled as per your wishes, follow these key steps: Make an Inventory – List all digital assets, including usernames, passwords, and access instructions. Use a Password Manager – Securely store login credentials and ensure a trusted person can access them. Nominate a Digital Executor – Appoint someone in your will to manage your digital assets. Check Platform Policies – Review the terms of service and death-related policies for major platforms. Include Digital Assets in Your Will – Clearly state who should inherit digital assets like cryptocurrency, websites, or online businesses. Set Up Legacy Features – Enable options such as Facebook’s Legacy Contact or Google’s Inactive Account Manager. The Legal Landscape in NSW Under NSW law, executors may struggle to access digital accounts due to privacy laws and terms of service agreements. There is no uniform law governing digital assets in Australia, so careful estate planning is essential to prevent complications. A well-drafted will, power of attorney, or estate plan should address digital assets explicitly. Seeking legal advice can help ensure your wishes are honoured and that your digital legacy is managed according to your intentions. Conclusion Your digital life is just as important as your physical and financial assets when it comes to estate planning. Without a clear plan, loved ones may struggle to access important information or assets, leading to unnecessary stress and financial loss. If you need guidance on estate planning for digital assets in NSW, our expert legal team is here to help. Contact us today to ensure your digital legacy is protected.
As a business owner, you’ve spent years building something you’re proud of. But have you thought about what happens when you’re not around to steer the ship? Whether it’s due to retirement, illness, or something unexpected, estate planning is the key to ensuring your hard work doesn’t fall apart at the seams. It’s not just about writing a will—it’s about securing the future of your business, protecting your interests, and making sure your family doesn’t get hit with unexpected tax surprises.