Elder Abuse – Protecting Yourself with Proper Estate Planning
Unfortunately, elderly people are often the most vulnerable and at risk of being targeted for abuse. It is estimated that around 1 in 6 people aged 60 years and over have experienced some form of abus...
Property Settlement After Separation – Your Questions Answered
The breakdown of a marriage or de facto relationship can be a confusing, emotional, and traumatic time. Navigating the legal system and understanding the intricacies of property settlement can add to ...
Exploring the Different Types of Wills
Estate planning is an essential, but often neglected, part of life. Without a valid Will, you will have no control over how your assets are distributed after your death and it could result in a costly...
Letters of Administration for a Deceased Estate - FAQ
Under Wills & Probate law, everything owned by a person who has died is known as their ‘estate’.Usually, the deceased’s estate is distributed to surviving relatives and friends according to ...
How Long Does Probate Take?
Before a deceased person’s estate can be distributed to any beneficiaries, there are a few steps that must be taken, and Probate is one of them. With decades of experience providing practical advice...
Life Events that Can Impact Your Estate Plan
It is estimated that around 50% of Australians over the age of 18 do not have a Will or estate pan prepared, and for those that do, most have never updated it. Having an estate plan is the first step ...
Where Should You Store Your Will?
After your Will has been signed and witnessed, it becomes an important legal document. So, it’s important that it is stored in a safe and secure place that is easily accessible to your Executor. Aft...
Executor’s Commission – What Is It?
Administering an estate can be a tedious and time-consuming task that can impact the executor in many ways, potentially limiting their ability to earn an income and spend quality time with family. It ...
A Simple Guide to the Victorian Court System
We hear the term ‘going to court’ on a regular basis, but did you know there are actually several different courts and tribunals in the Victorian system? The role of each court and tribunal is to ...
Child Custody Arrangements – Which Works Best for Your Situation?
With almost half of marriages ending in separation or divorce, married life does not always have a happy ending. When children are involved, divorce can get messy and devising custody agreements can b...
Binding Death Benefit Nomination – What Is It? Do I Need One?
Many people don’t realise that superannuation is not an estate asset; Therefore, it does not automatically go to the estate of the deceased. It is also not necessarily covered in a Will, so it is es...
Intervention Orders – What Are They?
Civil orders that prohibit a person from committing a certain action against another person, intervention orders (formerly known as restraining orders) are typically granted to protect people from dom...
Buying Off the Plan – The Pros, the Cons and Things You Should Consider
In Australia, the majority of home-buyers and investors choose to buy already established homes and apartments, whether they are a few years old or a hundred years old in the case on heritage and peri...
Buying and Selling a Property – Understanding Deposits and the Section 27 Early Release
Investing in a property or selling your family home can both an exciting and stressful time. When buying and selling, there are a lot of terms that get thrown around and it’s important to be aware o...
Creating a Parenting Plan that Works for Everyone
Separation and divorce is a hard time for everyone, but especially for the children involved. In Australia, separating parents are encouraged to work out co-parenting arrangements for their children b...
Mediation - What to Expect
A simpler and more cost-effective alternative to pursuing litigation or other formal legal processes, mediation is a common method used to resolve disputes where negotiations have so far failed. At Ro...
10 Things You Should Do When Separating from Your Partner
Deciding to separate from your partner or spouse is one of the hardest decisions you will ever make, especially if there are children involved. Not only do you have to consider the practical elements ...
Prenuptial Agreements – What Are They? What is Involved? Should you Sign One?
A legally binding contract signed by two people before marrying, prenuptial agreements (or prenups as they are more commonly called) cover financial issues and future of assets in the event of a divor...
Dealing with a Debt Collector – What Are Your Rights?
If you have missed a payment on your credit card, loan or utility bill and have failed to advise the creditor when you will be making the payment, they may pass your outstanding payment onto a debt co...
Drink Driving Charges – Do You Need a Lawyer?
In Australia, drink and drug driving is a severe offence as it has caused, and continues to cause, thousands of preventable deaths on our roads each year. This is why the penalties for those caught op...
How VOCAT Can Help You
If you have been the victim of a violent crime in the state of Victoria, you may be eligible for financial assistance to cover medical and counselling expenses as well as loss of income from the VOCAT...
How Has COVID-19 Impacted Conveyancing?
COVID-19 has certainly thrown the whole world into chaos this year, with every person, household, business and industry affected in some way. Like many industries, the real estate market has continued...
The Effect of Marriage, Divorce and Separation on Your Will
Whether you’re venturing into a new relationship, entering into marriage or considering separation or divorce, it is important to understand the effect these relationship changes can have on your Wi...
What Happens When a De Facto Partner Dies Without a Will?
Since 2009, Australian family law has treated married couples and de facto couples essentially same, provided they meet the de facto criteria. In the event of a relationship breakup, they should have ...
Cyber Violence – The Rise of Online Abuse in Domestic Settings
Family violence and domestic abuse isn’t always physical, online harassment and cyber stalking by a partner or family member is an illegal online behaviour that is designed to humiliate, control or ...
How to Tell Your Children You Are Separating
If you and your partner have decided to separate, you might be wondering how best to tell your children. How should you talk to your child? What can you say and do to help them get through the process...
Parenting After Separation – Parental Responsibility Vs Custody
Until 1995, a parent who did not want their former partner to have access to their children could ask the Court to grant them ‘sole custody’. This is no longer the case and the term ‘sole custod...
Divorce – Helping Children Cope
If you’re going through a divorce, no doubt one of your biggest concerns is how it will affect your kids. Telling your children that you’re separating and trying to help them through it is...
Purchasing a Property – A Guide to Property Settlement
The most exciting part of purchasing a property is the settlement day, but for first-time buyers the day you get the keys to your new house can be a stressful and overwhelming time. At Robert Wood and...
The Common Causes of Partnership Disputes
Business partnerships are complex and can have their fair share of ups and downs. No matter how strong your relationship is with your business partner, disputes can still arise at some point during th...
The Do’s and Don’ts When Going Through a Custody Battle
In Australia, child custody laws require judges to consider the best interests of the children when determining custody and in most states, the court prefers some form of shared or joint custody. As a...
Consulting a Lawyer Before Signing a Commercial Lease
Whether you are looking to move your small business to its first commercial property or if you need a larger premises to accommodate for an expanding company, whatever your needs, if you are looking t...
Understanding Caveats
Caveats can be applied to properties of all kinds and they affect dealings with the property and how the property is used. While not affecting the ownership of a property, the caveat system allows thi...
Debt Collection – Deciding Whether to Take Legal Action
It’s never a good situation to be owed money, especially when you’re a business owner and have outlaid time and money for products or services that have gone unpaid. If you have a debtor that has ...
What happens if COVID-19 has affected your ability to pay child support?
The child support system is designed to provide children with the financial support they need to live and thrive. However, over the last few months, the global Coronavirus pandemic has turned Australi...
Property Settlements in an Uncertain Time
With the current Coronavirus pandemic causing chaos on a global scale, separated parties across Australia are now facing the question of how to proceed with their property settlement. COVID-19 has aff...
How Will COVID-19 Impact Parents with Shared Custody of Children?
COVID-19 is having a significant impact upon every aspect of daily life including public services and the operation of the Court and the family law system. With millions of people around Australia pra...
What Are My Legal Rights in a Breakdown of a De Facto Relationship?
In Australia, when a de facto couple splits, they generally have the same rights and responsibilities as a married couple when it comes to maintenance and the division of property. Just as married cou...
Victims of Crime Compensation – Who is Eligible?
Being the victim of a violent crime, having a family member who has been a victim of a crime or witnessing a violent act can be very distressing and can have a disastrous financial and emotional impac...
Child Protection – The Importance of Having a Great Lawyer
As a parent, there would be nothing more distressing than having the Department of Child Safety removing or threatening to remove your children from your care. In such circumstances, child protection ...
The 5 Benefits of Choosing a Local Lawyer
You only need to have the television or radio on for a few minutes to hear the advertisements of many large legal corporations, so it can sometimes be easy to let a recognisable name handle your affai...
Key Questions to Ask When Hiring a Divorce Lawyer
Divorce is a huge decision, and how it’s handled can have lasting impacts on the rest of your life. Before hiring a divorce lawyer, you need to do your homework and go into the conversation with...
Family Lawyers – The Common Reasons You May Need to Hire One
There are many different types of families in Australia – families with and without children, single parents, blended families, heterosexual and same-sex de facto couples, separated, divorced an...
Smart Ways to Protect Yourself Financially in a Relationship
Around 80% of Australian couples live together before they get married. While these days it is a common and practical situation, the reality is, it can come with dire financial consequences if things ...
Conveyancing – What is the Role of the Solicitor?
Buying a house goes hand in hand with mountains of paperwork, this is simply part of the deal. From title documents and contracts of sale to valuations, property appraisals and more, the amount of doc...
Property Settlement Vs Divorce – What is the Difference?
Divorce and property settlement are two different and separate family law processes, but they are commonly confused as one single matter. At Robert Wood and Associates, our expert solicitors have more...
Solicitor or Lawyer – Is there a Difference?
In Australia there are a number of terms used to describe legal practitioners, with the most common being lawyer and solicitor. Most people use the terms ‘Lawyer’ and ‘Solicitor’ interchangeab...
Child Support and Shared Custody – Things You Should Know
Under Australian family law, children have a right to enjoy a meaningful relationship with both of their parents. Both parents also have a duty to support the child financially after separation, regar...
7 Reasons to Hire a Business Lawyer
As a business owner, you launch your business with the hope that everything will go to plan and you’ll end up running a very successful organization. However, many Australian businesses fail in thei...
Understanding Legal Professional Privilege (LPP)
Existing for over 400 years, legal professional privilege (LPP) is treated under Australian law as a fundamental common law and as a human right. Necessary to the right of every person to seek legal a...
Divorce - Things You Need to Know
In Australia, statistics show that one third of relationships end in separation or divorce. Navigating divorce can be a daunting and emotional process and there are no hard and fast rules as to which ...
Partnership Agreements – Do You Need a Lawyer?
Entering into a business partnership has many great benefits, but we have all heard of scenarios where great partnerships have disintegrated and left the partners involved with nothing but a trail of ...
Negotiating a Divorce Settlement
Going through a divorce is one of the hardest things you may have deal with in your life. It’s a time of high emotion, pain and anger and it’s something no one ever wants to endure. Divorce rates ...
When Should I Transfer My Small Business to a Company?
Successfully starting a business and surviving the first few years can be tough. But make it and you will most likely enjoy a period of growth. Often during this phase, a small business will want to t...
When Do I Need a Confidentiality Agreement?
A confidentiality agreement (also called a Non-Disclosure Agreement or NDA) is a common commercial law instrument in business negotiations. Generally, agreements can be one-way or mutual. A one-way ...
The Use of a Financial Agreement in Estate Planning
A Binding Financial Agreement is an effective tool for protecting the wealth that both parties bring to a relationship. Financial Agreements, also sometimes called ‘pre-nuptial agreements’, are po...
Why Has the Use of Intervention Order Applications Increased?
In their report into family violence, the Magistrates Court of Victoria found that 50,208 family violence intervention orders were finalised in the 2014/15 period. That is a 49% increase on the number...
Re-Sealing a Grant of Probate and When it is Needed
Before an executor can carry out the wishes of a will, they first have to apply for a Grant of Probate. This is a legal document which provides them with the authority to oversee the passing on of th...
Do You Need a Trademark for Your Business?
Trademarks, copyright and patents fall under ‘intellectual property’ and are a major area of commercial law. Intellectual property law provides creators with rights and protections for distributin...
How to Transfer Real Estate to a Surviving Owner
In life, there are many ways of ensuring our legacy and caring for our family and friends. One of the most important steps that you can take to achieve this is making out a legal and thoughtful will. ...
Selling the Assets from the Deceased’s Estate
During the first few months after someone has passed away, the executor is the person who will identify and protect the assets of the Estate. They will take control of the affairs of the deceased and ...
When Do You Need Letters of Administration for a Deceased Estate?
Under Wills & Probate law, everything owned by a person who has died is known as their ‘estate’. The estate doesn’t just include property, such as a home, but can be made up of money in a b...
What Happens if VCAT Makes a Guardianship Order?
What is a Guardianship Order? A Guardianship Order is when a guardian (or administrator) is appointed to help manage the personal, legal or financial affairs of an adult with a disability. This may in...
Annulment Vs Divorce – What’s The Difference?
Marriage annulment and divorce are completely different scenarios. Having the correct understanding of the legal terms is not only very important in but also may help navigating through the challengin...
What’s the Difference Between Divorce and Marriage Annulment?
“Annulment” is a popular buzzword that gets thrown around when divorce is on the cards. But in reality, annulment is quite separate from divorce and has a unique set of legal requirements and proc...
Do I Need a Solicitor for a Drink Driving Offence?
Drink driving is a serious offence in Australia, and if you’re caught with a Blood Alcohol Level over the legal limit, you could face heavy fines, have your licence cancelled, and in serious cases, ...
Parenting Plans and Consent Orders | A Guide for Separated Parents
Parenting Plans and Consent Orders are agreements that set out parenting arrangements for separated or divorced couples with children. Both of these types of agreements are encouraged by the court and...
The Financial Side of Divorce | Your Questions Answered
In an earlier blog post, we answered your questions about The Legal Side of Divorce to demystify some of the tricky legal aspects of divorce, which can be overwhelming at such an emotional time in y...
A Guide to Marriage Annulment | Eligibility and Process
Annulment is the cancellation of a marriage when the Court is convinced that the marriage was not legal. In Australia, marriage annulment is sometimes called a “declaration of nullity of marriage”...
Property Settlement and the Division of Assets | Your Questions Answered
Dividing your assets after a separation can be a lengthy and complicated business if it’s not done according to the law. To avoid complications in the future, we strongly encourage you to seek legal...
A Complete Guide to Child Support in Victoria
Child support is the financial support paid by one parent to the other, to help with the costs of a child aged under 18. The law says that both parents have a duty to support their children financiall...
Children and Separation – A Guide for Parents
Separating from your partner can be an emotional time, not only for you and your partner, but for everyone in the family. In families with children, the separation of parents can be particularly hard ...
Your Criminal Law Questions Answered
Whether you’ve been charged with an offence or you’re the victim of an offence, going through the criminal justice system can be an overwhelming experience for anyone. But it’s important to reme...
What Does a Prenuptial Agreement Involve and Other Common Prenup Questions
If you are about to be married, you and your partner may be thinking about a Prenuptial Agreement. A Prenuptial Agreement is an agreement between parties prior to marriage. Couples are able to enter...
Victorian Drink Driving Laws and Charges Explained
In Victoria, it is illegal to drive a motor vehicle if you have a Blood Alcohol Level – or BAC – that exceeds 0.05 percent. These levels are further reduced if you hold a learner’s permit, a pro...
What to Do If You Have Been Hurt in a Criminal Act
Becoming the victim of a criminal offence can have a profound impact on your life but you don’t need to let it define you. If you are a victim of crime in Victoria, you may be able to: apply for ...
Your Guide to Criminal Defence in Victoria
When you have been charged with an offence, understanding your rights, obligations and potential outcomes is one of the best assets you have. A criminal defence lawyer can help you with this. In...
Is Family Dispute Resolution Right for Me? A Helpful Guide
What is Family Dispute Resolution? Family dispute resolution means trying to reach an agreement about your family arrangements when you are separated, divorced or have had your marriage annulled, or y...
Domestic Violence Support Resources
If you or someone you know is experiencing domestic violence in any form, there are a number of services that you can reach out to. Seeking legal advice can be one step that you take in responding to ...
The Legal Side of Divorce – Your Questions Answered
Deciding to end your marriage can be one of the most stressful decisions you’ll ever make, and one of the most significant life changes you’ll experience. During this very emotional time, you’...
Demystifying Defacto Relationships – a Legal FAQ
What Does the Term De Facto Mean? The Family Law Act recognises your relationship as “de facto” if you live together as a couple regardless of your sex. The Act treats de facto relationships diffe...
Do I Need to Go to Court to Get Divorced?
The only requirement for a divorce is the ‘irretrievable breakdown’ of a marriage. This is proved by the husband and wife having been separated for 12 months with no likelihood of getting back t...
Criminal Law Legal Jargon Explained
Being charged with a criminal offence can be a difficult time. It’s even more stressful when you’re surrounded by a whole lot of legal jargon and words that you’re unfamiliar with. Having some...
Family Law Legal Jargon Explained
Legal processes that involve family are some of the hardest situations to navigate, causing emotional stress for all parties involved. It can be even more stressful when you feel as though your lawyer...
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Dedicated to providing fully tailored and compassionate advice and services, our friendly team of legal experts offer you expertise across many aspects of law including:
Your Choice for Melbourne Solicitors
If you need professional, high quality legal advice from a law firm that puts your interests first, then Robert Wood and Associates is the right choice for you.