Author: Cappello Rowe Lawyers

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Inheritances and Family Law – Divorce and Separation

Families and money can sometimes be a volatile combination. That is never more so than when Divorces and Wills are concerned. When is an inheritance an asset for family law purposes? The simple answer is “almost always”. But the answer is not always simple. Why is an inheritance an asset?…

What is an Agreement to Lease – Things you should know

When renting business related property it is important for both landlords and tenants to understand the relationship they are entering into and the rights and obligations that they each have, the document that governs this relationship is usually a Commercial Lease. A Commercial Lease gives the tenant an immediate right…

Disclosure And Warranties In Residential Property Transactions

Sellers of residential real estate must give statutory warranties about the property they are selling certain disclosure documents in the contract. The disclosure and warranty requirements are found in the Conveyancing (Sale of Land) Regulation 2017 (effective 1 September 2017). Despite these obligations however, certain matters affecting the property are not…

Parental Leave – Can I Return To Work Part Time?

Employees have a statutory entitlement to return to work and to their previous position after taking a period of parental leave under the Fair Work Act 2009 (the Act). If the employee’s previous position no longer exists, the employee is entitled to return to a position which is closest in…

Does A Pre-Nuptial Agreement Have To Be Fair?

It is now more than 10 years since the Family Law Act was changed to allow Australians to enter into pre-nuptial agreements (known as Financial Agreements or Binding Financial Agreements). Under the Act, the Court does not have to approve a Financial Agreement for it to be binding. That is,…

Strata Law Reforms

In 2015 the New South Wales Parliament passed the Strata Scheme Management Bill 2015 and the Strata Scheme Development Bill 2015, with more than 90 law changes. The legislation sets out comprehensive reforms of NSW strata laws modernising the law to reflect the reality of living in a strata townhouse…