Delaney & Delaney

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Case Guardians

Appointment of case guardian in family law proceedings

When husbands and wives or defacto partners separate, most parties will seek independent legal advice, negotiate a settlement and execute a document to formalise their agreement (either Consent Orders or Binding Financial Agreement). However, if one of the separating parties lacks the capacity to make their own decisions, then further steps are required to be taken in order for the Court to be satisfied that the settlement is just and equitable.

New Regulations Establishing Governance for Not-For-Profit Sector

Established governance standards for entities registered with the Australian Charities and Not-for-profits Commission (ACNC) have now been finalised (NB Entities that are registered charities are automatically registered at the ACNC)

The governance standards are set out in the Australian Charities and Not-for-profits Commission Amendment Regulation 2013 (No. 1)(Regulations). The Regulations will require compliance by registered entities from 1 July 2013, although transitional arrangements will operate until 1 July 2017 in some circumstances.

Drafting A Will

Considering Availability of Assets When Drafting a Will

Delaney & Delaney administers many deceased estates, acting for the executors of Wills.  On behalf of the executor, we collect the net assets of the deceased and distribute them in accordance with the Will.

It is common nowadays for people to deposit funds in various investment organisations who invest the funds for the investor, and in return, the investor receives dividends and sometimes a weekly pension.

Expert Advice In Family Law

Adducing further expert evidence in family law proceedings

In property proceedings before the Federal Magistrates Court, an Order was made by the Court to appoint a joint expert to value a block of land.  Following the release of the joint valuation, the husband disputed the value based on the significant difference in value between the jointly appointed valuation and an earlier valuation obtained by him.  The difference in value was $210,000.00.

Lawyer Says, "Leave The Will Alone"

In her Will, the deceased women gave her second husband the right to live in her home, free of all cost apart from rates and insurance, for the rest of his life. The Will provided that after his death the house was to be sold and the proceeds divided between the three adult children of her first marriage.