The definition of a ‘spouse’ differs according to each superannuation fund’s trust deed.  The trust deed is the document which governs the exercise of the superannuation trustees’ discretion.  Some trust deeds confirm that ‘spouse’ has the meaning given to it in section 10 of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act), but others do not. Section 10 of the SIS Act defines the “spouse” of a person as:

As the Coronavirus (COVID-19) continues to spread across Australia its impact on commercial arrangements is a serious concern for landlords and tenants alike. The mandatory closure of licensed premises and various quarantining measures have resulted in landlords and tenants discovering that their commercial and retail lease agreements do not deal with unprecedented events like COVID-19. Force majeure clauses in leases are rare to find and rent abatement clauses are generally

A legal practitioner must follow a client’s lawful, proper and competent instructions.  When drafting documents, significant care must be taken by solicitors to ensure the documents prepared for their clients accurately reflect their client’s instructions and wishes. What happens if, under a Will, the instructions given by the Will maker are found on his or her death, not to have reflected the instructions provided to the solicitor? Section 50 of

The highly anticipated amendments to the Liquor Control Act finally came into force on 2 November 2019. The latest amendments impact on applications seeking the sale of packaged liquor, in particular liquor stores, as well as unrestricted hotel and tavern licences and some special facility licences. There is now a prohibition on granting, removing, altering or redefining packaged liquor premises where: packaged liquor premises are situated less than the prescribed

As a matter of law an entitlement under a superannuation fund (for example, death benefits or life insurance) does not form part of a deceased estate.  However, superannuation trustees may exercise their discretion to pay a deceased’s superannuation death benefits to an estate. Recent Supreme Court decisions in WA have clarified in what circumstances and, perhaps more importantly, at what time an applicant in WA may apply personally for payment

Superannuation Death Benefits: Making a Claim  Superannuation is a system where money is placed in a fund to provide for a person’s retirement. What is a Death Payment and Who can make a Claim? A death payment can consist of the deceased member’s superannuation balance (less any charges and taxes) plus any death cover that they may have had. The Superannuation Industry Supervision Act 1993 (Cth) (SIS Act) provides that

CHANGING CIRCUMSTANCES – WILLS What happens if, under a Will, a Will maker “gifts” his or her “principal place of residence” at death to someone but then, before the Will maker dies, the Will maker moves into a nursing home and doesn’t change the Will to reflect the new living arrangements?  Does the gift still stand? These are the questions the Supreme Court had to consider, on appeal, in the

SALE OF SHARES V SALE OF BUSINESS There are two ways to buy a business: Buy the Company (or more accurately the shares in the Company that operates the business); or Buy the Business (being the assets of the business owned by the Company or other legal entity). Each option has its own pros and cons, and really depends on the type of business being operated (some business licences cannot

A RISE IN ELDER ABUSE: A SIGNIFICANT PROBLEM Recent statistics released by Advocare have revealed that there has been a rise in elder abuse.  In the past two months alone, Advocare has received more than 200 calls for help which is double the number of calls received in the same period last year.  Almost one third of those calls concerned financial elder abuse. Abuse by Adult Children: One Recent Example

DO YOU THINK YOU HAVE A CLAIM UNDER THE FAMILY PROVISION ACT? If you are considering challenging a Will, it is important to know that there is a time limitation for bringing a claim contained in the Family Provision Act 1972 (WA) (the Act). Under section 7(2)(a) of the Act, an application can be made within 6 months from the date on which the Supreme Court issues a Grant of