Traps in being too strict in probity

Probity is central to Australian Government procurement. To achieve probity in a procurement process, some of the general principles for officials to be mindful of include: To help comply with these principles, there are now well-established probity practices developed and refined over the last three decades that should be used. These practices include the implementation …
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Informal Wills

The recent case of In the Estate of Jansen [2020] ACTSC 130 (26 May 2020) underscores the importance of obtaining legal advice in relation to the proper execution of Wills. In this case, a document in the conventional form of a Will did not meet the formal requirements of the Wills Act 1968 (ACT) (Wills …
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Changes to witnessing documents in NSW

The NSW Government have temporarily suspended requirements for documents to be witnessed in person, in light of COVID-19. Legislation passed last week (Electronic Transactions Amendment (Covid-19 Witnessing of Documents) Regulation 2020) allows certain legal documents to be witnessed by way of audio visual link. This means that NSW residents no longer need to leave their …
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kangaroos fighting

Can a dispute about a Deed, be resolved by the Deed in dispute?

The lessons from Rinehart v Hancock Prospecting Whether you’re confused about the heading of this article or identify with it – the question of how to resolve a dispute under a Deed is not always so simple. This was recently seen in one of the many legal battles plaguing the Rinehart family which ended in …
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Do I need a Will?

Nicole Platt Nicole runs Griffin Legal’s Wills and Estates practice and utilises her background in accounting to provide thorough estate planning advice. Do I need a will? YES! The answer is always yes! In every estate planning article you will ever read, the answer will be yes. Every person over the age of 18 should …
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New Year, New Will!

A new Will may not be the first thing on your new year’s resolution list, however it is very important to consider. If you do not have a Will or your circumstances substantially changed in 2016, the fresh new year is a good time to organise your estate planning. An outdated Will can be as …
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What you need to know about the new “medical research” function for an Enduring Power of Attorney

On 1 September 2016 the Powers of Attorney Act 2006 (the Act) was amended to allow a person (the Principal) to authorise their nominated attorney to make decisions about medical research matters involving ethically approved research when the Principal becomes a person with impaired decision making capacity. This authority is in addition to the existing …
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Estate Planning for Foreign Assets

It is now becoming more common for people who live in Australia to have assets overseas. If you own assets overseas it is important to be aware that each jurisdiction has its own legal system and tax laws. You should not assume that the succession laws and tax regimes you are familiar with in Australia …
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