Brett Davies Lawyers

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12/01/2017

Why I sold Law Central – it was not a law firm.

I founded and created the Law Central website in 2000. It was the first Australian website allowing you to build legal documents online. However, it was not a law firm. I sold it. I no longer have any involvement with Law Central. Accountants and advisers told me that they, instead, […]
14/10/2016

Reserves in a SMSF – How to complete annual return

  The wealth in a superannuation fund belongs to a member. You can't have money in a superannuation fund not earmarked for a person. An exception is SMSF reserves. 'Reserve accounts' are assets in  your SMSF that is not part of any member’s account. No one has any entitlement to […]
20/07/2016

Are Family Trusts replacing Self-Managed Super funds?

Are Family Trusts replacing Self-Managed Super funds? We are seeing a renewed interest from professionals for Family Trusts. Family Trusts built on our website have surged 38% in the last 12 weeks. Conversely, SMSFs have dropped by 23%. On speaking with professionals it appears that clients are losing confidence in […]
20/07/2016

Charity v Son – Dad’s Will challenged

Charity v Son – Dad’s Will challenged Dead Zopito Di Cesare left everything to charity. His son, Ivano Ferrante last week filed a Supreme Court writ against the charities.  Usually, a son argues that he wasn’t getting enough out of his Dad's Will and asks the court to rewrite the […]
20/07/2016

Who can challenge a Will? Fireproof your Will

  Who can challenge a Will? Each States' Family Provision Act sets out who can challenge a Will  Courts are reluctant to interfere with your Will. However, legislation exists in all Australian States and Territories. They enable certain people to apply to the court for 'provision'. Or if they got something […]
24/06/2016

Lending to a child? Build Loan Agreement – get back your child’s loan if they divorce

Lending to a Child: Dad loses money when his son divorces The evils of the Presumption of advancement The Australian presumption of law is that where a husband transfers property to his wife or his children then, in the absence of other evidence, the Court presumes that the transfer was […]
03/06/2016

One boy is worth 2 girls

Fatma is a loving and devout daughter to her mum. However, under her brother’s interpretation of Muslim law, one man is worth two women. Fatma’s brothers constructed a Will for their mum to sign whereby they got twice as much as their sister. The Supreme Court said that Mum was […]
25/05/2016

Don’t be quick to write-off bad debts

Instead of writing off your client's bad debts, what about your clients collect them instead. Prepare Letter of Demand on our law firm's letterhead together with the Writ. See Sample here. After your client builds the Letter of Demand and Writ, they: post the Letter of Demand and Writ to the […]