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10 December, 2018
Am I in a De Facto Relationship or Not?
Bob and Betty have both had terrible experiences in property settlement matters with their prior spouses. They are now in their 50’s and have been ‘going out’ for about 8 years. They have both sworn that they will never get involved in a de facto relationship or marriage again! The facts Bob and Betty do […]
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6 December, 2018
Duty of Disclosure in Family Law Matters
Sometimes you simply must tell the truth, the whole truth and nothing but the truth. A lie by omission – something you do not mention when you should – is still a lie. Australian law dictates that people seeking resolution of certain issues related to separation or divorce must make certain information available to each […]
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19 November, 2018
New Changes To The Family Law Court System
Clarifying Binding Death Nominations in Superannuation Re Narumon Pty Ltd [2018] QSC 185 A recent decision in the Queensland Supreme Court, Narumon, emphasizes the importance of a valid Binding Death Benefit Nomination (BDBN) within superannuation funds and clarified whether an attorney has the ability to renew BDBN’s. Summary: In Narumon, the deceased (Mr. Giles) was […]
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9 November, 2018
Your Business Your Dream
Buying or selling a business can be a stressful time. Your business is often your dream and the motivation and income source for your family. But the process of buying or selling a business can be difficult and requires expert assistance. Step One Investigate the business that you are thinking of buying. Do your due […]
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12 October, 2018
Can I Recover My Costs in Family Law Proceedings?
In this podcast, OMB Solicitors, Family Lawyer, Gary Mallett answers the commonly asked question, as to whether costs can be recovered in family law matters. Your browser does not support the audio element. What is the General Rule About Costs in Family Law Matters S.117 of the Family Law Act 1975 provides that each party […]
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12 October, 2018
How Your Business Can Recover Debt if You Have Received a Court Judgement
If you’re a business and you’re owed money and have received a court judgement to recover the debt, what are the next steps? In this podcast, Cameron Marshall, Business Lawyer Gold Coast of OMB Solicitors sets out the ways your business can recover the debt. Your browser does not support the audio element. Dan: Cameron, […]
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12 October, 2018
Common Body Corporate Questions Answered
In this podcast, OMB Solicitors Partner, Juliette Nairn answers some commonly asked questions by bodies corporate. Your browser does not support the audio element. Answers Some Commonly Asked Questions by Bodies Corporate Dan: The first question we have here is, in the event that an owner is requiring a copy of the body corporate roll, […]
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3 October, 2018
Divorce & Separation in Australia: Who Gets What in Settlements?
For Australians going through divorce and separation, there are plenty of advantages of living in the ‘Information Age’. Now it is easier than ever before to access the court forms and other material you may need. This makes it possible to do more on your own, so you may save money on legal costs. There […]
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6 September, 2018
Spousal Maintenance Frequently Asked Questions
Even in a best-case scenario – one in which you and your partner have decided to end the marriage on amicable terms – questions may arise about your legal rights and obligations. For example, you may both have questions and concerns about spousal maintenance. Specifically, you may be wondering if either of you is eligible […]
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3 September, 2018
Statutory Wills: Making A Will For Person Who Lacks Capacity
Let’s face it, as responsible adults there are certain things we simply have to do whether we like it or not. We have to work. We have to pay bills. We have to pay taxes. We have to plan and save for retirement. And at some point, we have to put our affairs in order. […]
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31 August, 2018
Post-Separation Assets - Who Gets What?
Who gets what will depend on the facts Australian statistics show that one third of relationships end in separation or divorce. The growing breakdown of relationships caused by divorce or separation has allowed for the distortion and generalisation of what is perceived to be ‘Who Owns What’ in a property settlement. The reason for the […]
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30 August, 2018
What is a Family Report?
In family law matters, you may have heard of the term, “family report,” but what is it and in what circumstances do they apply. In this podcast, Gary Mallett, our family lawyer Gold Coast at OMB Solicitors discusses the topic. Your browser does not support the audio element. Transcript Dan: What is a family report? […]
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30 August, 2018
The Ticking Time Bomb in Your Estate Plan
When it comes to estate planning, you might be surprised that often the biggest asset that you may leave behind might not be your property pool, but rather your superannuation. In this context, you may not be aware that it does not automatically fall into line with your estate planning wishes unless you take care […]
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30 August, 2018
What Happens to a Business in a Family Law Dispute?
Introduction In family law property settlement proceedings all assets and liabilities of each party, (whether they are owned jointly or separately) are combined to form what is commonly known as the “matrimonial property pool.” This pool of assets and liabilities is then subject to scrutinization and possible division by the Court upon separation. A business […]
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30 August, 2018
Should You Choose to Litigate or Not?
Conflict is sadly a part of most relationships, be it business or otherwise, but in the context of former, litigation for many is often their preferred choice to resolve issues. In this podcast, Heath Berghofer of OMB Solicitors provides useful information on the processes available to you in resolving disputes. Your browser does not […]
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20 July, 2018
How to Get a Divorce in Australia
There’s no doubt about it. Ending a relationship is never easy. But in Australia, ending a marriage is relatively simple – at least in the eyes of the law. This is because, unlike the divorce process in the United States, divorce in Australia doesn’t address some of the most emotionally volatile issues such as child […]
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19 July, 2018
What Can I do if I Have Been Left Out of a Will?
If you have been excluded from a Will, it probably seems like a slap in the face. You may be feeling hurt and angry – especially if the person who passed away was a parent or another close relative. As a result, you may be wondering if there’s anything you can do. In Queensland, the […]
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21 June, 2018
Nuisance Communication - Rights of Body Corporate
Ten phone calls, fifty voice messages and a disgruntled lot owner who wants answers yesterday – there is always one. But when does it constitute a nuisance communication and what can you do about it? Let’s face it, whether your neighbor’s TV is turned up to the max, the teenager next door is hosting a […]
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18 June, 2018
Do Grandparents Have Rights in Family Law Disputes?
Know About Grandparents Rights in Family Law Disputes We know that family law disputes are often tumultuous with so many people, quite apart from the 2 spouses and children that are caught in the crossfire. One such group, is grandparents and they often ask, what about our rights in relation to the grandchildren? In this […]
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18 June, 2018
What is an Executor and How Do I Choose One?
If you’re like many people when it comes to estate planning, you probably don’t give the attention that’s necessary in choosing who your executor will be but rather simply opting for your partner or adult child. But it’s an onerous job, and the choice is very important. In this podcast, Gold Coast Lawyers at OMB […]
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