WHAT HAPPENS TO YOUR ONLINE PRESENCE WHEN YOU DIE? How many of you now have one or more of these: Facebook? Twitter? Instagram? Linkedin? PayPal? Email? Frequent Flyer points? Credit card reward points? Online bank accounts? Email? As most individuals would have at least some sort of online presence or would “own” “digital assets”, have you considered what will happen to these “assets” after your death? Do any of these
23
Nov 2016
HAVE YOU LOST YOUR WILL?
HAVE YOU LOST YOUR WILL? There was a recent interesting case heard in the Supreme Court of Western Australia: Larussa v Carr (as Administratrix of the Estate of Giuseppe Larussa) WASC 332 (Larussa case) related to a lost Will and whether it has been deliberately destroyed or in fact had been lost. This case shows the importance of why you should keep your Will in a safe place and
WHO OWNS A LIQUOR LICENCE? WHAT ARE THE LESSOR’S RIGHTS? It is a common misconception that the licensee owns the liquor licence and that they can take it with them to whatever premises they trade from. Whilst liquor licences are issued to specified persons or entities (the licensee), they are only authorised to sell liquor at an approved licensed premises. Both the licensee and the licensed premises must be approved
31
Oct 2016
ELECTRONIC STORAGE OF COMPANY “BOOKS”
ELECTRONIC STORAGE OF COMPANY “BOOKS” As we have seen the development of technology take over in all forms of life, it seems that one area that many companies still lag behind in the electronic storage of its own corporate records. Records such as registers, recorded information, financial reports, financial records and documents can all be kept electronically (including in the cloud), albeit with some compliance requirements. These types of records
Can your Will be challenged? Recent decision on providing adequately for your children An assumption that many people make is, once you have signed your Will, that your Estate will be distributed according to your wishes when you die. This assumption is quite wrong and careful consideration should be taken when deciding on how to distribute your Estate. A recent case in the Supreme Court of Western Australia, Taylor v
When is a de facto relationship considered to be at an end? A recent decision in the Supreme Court of Western Australia decided this issue in Chan v Waldemar Mazurkiewicz (in his capacity as Administrator of the Estate of Witold Mazurkiewicz) WASC 432 (Chan case). The de facto wife commenced a claim in the Supreme Court for greater provision from the estate of her late de facto husband under
Will the breakdown of your de facto relationship affect your estate planning? If you consider yourself to be in a de facto relationship, what implications does this have for your estate planning? Many people have a misconception that de facto spouses do not have rights similar to those of a married spouse. However, in Western Australia, de facto spouses do have, if not precisely the same rights, then similar rights
22
Jun 2016
Butts Out from 1 July
Butts Out from 1 July From 1 July 2016, the new outdoor smoking ban comes into effect across South Australia. Smoking will be banned in all outdoor dining areas, however, patrons will still be allowed to smoke in outdoor drinking areas, so long as no food is served. Businesses must display signs alerting customers to the ban or face a $1,250 fine, while people caught smoking in the area could
10
Jun 2016
Sunday Extended Trading Permits
Sunday Extended Trading Permits Currently the Liquor Control Act 1988 (WA) does not authorise non-metropolitan liquor stores to trade on a Sunday, as a result, many country communities have to travel long distances in order to obtain packaged liquor. Currently the Perth metropolitan area extends from Two Rocks (just north of Yanchep) to Singleton (just south of Rockingham) to the The Lakes (just east of Mundaring). A licensee can, however,
Changes to Entertainment Consent Rules in South Australia Recent changes to the entertainment consent rules in South Australia have cut red tape and reduced the costs to licensee to provide entertainment until midnight. In a bid to encourage more live music, a licensee will no longer require consent of the Liquor and Gambling Commissioner to provide entertainment between 11am and midnight on any day. However, a licensee will still