SUPERANNUATION DEATH BENEFITS: CONFLICT BETWEEN PERSONAL INTEREST AND DUTY AS ADMINISTRATOR 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

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

The amendments to the Liquor Control Act have now passed through Parliament with their commencement as law imminent. There are a number of key changes which impact on liquor stores, in particular the larger liquor barns. There is now a prohibition on granting, removing, altering or redefining packaged liquor premises in certain circumstances.  The Act prohibits the application for the grant of a new packaged liquor outlet or for the

Data protection is afforded in Australia by the Privacy Act’s in each State and Territory. These laws regulate the collection, use and disclosure of information about individuals and businesses. With the development of technology and the omnipresent threat of cyber-criminals and hackers, the law is constantly needing to evolve to provide sufficient safeguards for the data and personal information of internet users. In 2018, the following legislative developments have reached

Despite being introduced over six years ago, the Personal Property Securities Register or the PPSR is still widely unknown in business. What is the PPSR? The PPSR is the single national register of security interests in personal property.  Personal property includes vehicles, stock and equipment or basically anything that is not land, buildings or fixtures. A security interest is an interest in personal property that secures payment of a debt

Image rights are the right to one’s own image and the ability to decide when, how and by whom one’s physically recognisable features, including image, voice and name, can be captured, reproduced and/or published. In Australia, a person does not necessarily have a proprietary interest in their own image rights, however the law has allowed a person to grant a licence to a third party for the exploitation of one’s