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Since 1882 Robertson Hyetts Solicitors has been recognised as one of regional Victoria’s most respected firms. Our solicitors and specialists prepare articles to offer insights into how changes in the law may affect you.
Our articles detail legal matters as they relate to our business and private clients on a variety of subjects:
Minimum Wage set to rise
Today the Fair Work Commission handed down its decision to increase the national minimum wage by 3%. This follows an increase of 3.5% last year. When the Fair Work Commission decides to increase the minimum wage from 1 July each year,...
Parental use of corporal punishment
There is no legislation concerning corporal punishment by parents in Victoria, however, there is a common law defence for parental use of corporal punishment. Victorian common law allows parents to administer corporal punishment to...
Wills and Young Families
It’s never too early to think about having a Will in place, advises Trent McGregor, of Robertson Hyetts Solicitors. “Anyone above the age of 18 should consider having a Will” he advises. “From this age onwards, we can start building wea...
Setting the law straight on easements
What is an easement? An easement is a set of rights to use a section of land in a particular way. It gives someone else the right to use the land for a specific purpose even though they are not the landowner. Easements over land may be...
Dying without a will
Lawyers are often asked: ‘What happens if I die without a will?’. The answer is not always straightforward, as Vesna Pocuca, Wills and Estates Lawyer explains. When a person dies without a will that means that the person did not make f...
Wills for Artists
The commercial consequences of making a living as a professional artist in any creative field extend beyond our life As an artist, why do I need a Will? A Will enables you to:- direct your property to your intended beneficiaries...
News Flash – Family Violence and Cross-examination of Parties
Alleged and convicted perpetrators of domestic and family violence are now prohibited from directly cross-examining their victims in family law proceedings. The Family Violence and Cross-Examination of Parties Scheme requires that...
Substitution of Debt in Family Law Property Proceedings
The High Court has confirmed in the recent case of Commissioner of Taxation v Tomaras [2018] HCA 62, that debts owed to the ATO can now be assigned to another party in family law property proceedings pursuant to s90AE Family Law Act...
TIME TO HAVE THE CONVERSATION – WILLS AND ESTATE PLANNING FOR FARMERS (PART 3)
Estate Planning for farms – avoiding disputes In my final article I will be looking at four common causes of disputes and suggesting some solutions. Cause of disputes #1 – Undocumented and unfulfilled promises “All this will be yours if...
TIME TO HAVE THE CONVERSATION – WILLS AND ESTATE PLANNING FOR FARMERS (PART 2)
Wills and Estate Planning for Farmers “What’s in the toolkit?” Getting started In our previous article, we wrote about what can go wrong without careful planning. In this article, we discuss some strategies to avoid common problems, and...
Time to have the conversation – Wills and Estate Planning for Farmers (Part 1)
A lot of hard work goes into successfully running a farm. Typically, farms are a complex combination of valuable assets including land, equipment, commercial relationships and highly specialised knowledge, accumulated carefully and...
New Leave Entitlements for Domestic and Family Violence
A Fair Work Commission ruling made on 6 July 2018 has resulted in a model term being inserted in all modern awards effective 1 August 2018. Eligible employees now have the right to access unpaid domestic and family violence leave. As a...
Family Law & Property
Many people contemplate separation from their partner, wife or husband, at one time or another. However, before you decide to broach the subject with the other party and before you leave, you should obtain legal advice. A family lawyer...
Separated families, Christmas and contact with the children
Instead of Christmas being a happy time for families, the Christmas period can be a time of conflict for separated parents and their children. Christmas is a time of heightened emotions for many people and this may result in people...
Special Disability Trusts
Special Disability Trusts assist immediate family members to plan for the future care and accommodation of a vulnerable family member, particularly someone in receipt of a Disability Support Pension. They have two very unique...
Making a Will – Assets in and out of the Estate
It is not uncommon to see a Will where a Will maker gifts assets that actually cannot be dealt with through the Will. When making a Will it is important to understand that there are assets that you can give away in a Will, and those...
Understanding Binding Financial Agreements
What is a Binding Financial Agreement? A Binding Financial Agreement is an agreement about property, superannuation and/or maintenance, made in contemplation of separation. A Binding Financial Agreement can be made at various times...
Discussing the big issues
When starting a relationship with someone with children, careful planning can assist in avoiding serious future issues. “Couples who have re-partnered later in life are generally honest and pragmatic,” Robertson Hyetts’ estate planning...
Special Conditions in a Contract of Sale
What are the 3 most common special conditions that purchasers include in a contract of sale? We ask Anna Doughan, property expert from Robertson Hyetts Solicitors. Subject to finance? If you need a loan to purchase property you may...
Should I Buy or Lease Premises for my Small Business?
Figuring out whether to buy or lease a property for your business can be complicated. Making the smartest decision can come down to what’s available on the market in your area of choice. There are some important questions to ask y...
Ascot/Epsom Conveyancing
Argyle Park in Ascot is a brand-new Villawood community ready for you to purchase land and build your dream family home. This small boutique subdivision is great for first home buyers with a $30, 000 kick starter to get those bricks...
I’m an Executor – What do I need to do?
Acting as an executor of a Will can be a challenging experience, says Trent McGregor, Wills and Estates lawyer with Robertson Hyetts, who adds that “a perfect storm of legal, financial, and emotional issues can lead to a turbulent p...
GST Withholding Requirements
From 1 July 2018 purchasers of new residential premises or potential residential land will be required to withhold any GST payable by a vendor from the sale proceeds and remit that amount directly to the ATO on or before settlement....
Minimum Wage is Set to Rise
If you are an employer who employs staff under a Modern Award you need to be aware that minimum award wages are increasing by 3.5% in the new financial year. From 1 July 2018 the national minimum wage will increase to $719.20 for a...
Preventing elder abuse by adding conditions to an Enduring Power of Attorney
Many people are aware of the importance of having a properly prepared Power of Attorney in place. It is a safeguard against a time when you might not be able to make your own decisions. Often, unfortunately, powers of attorney are...
Superannuation and your Will
Superannuation is an important part of estate planning. Attending to your superannuation is vital to ensure quick, efficient administration of your estate. Can you give me a brief reminder of how superannuation works? For most people,...
