The short answer is No, unless the debtor has expressly (and preferably in writing) given you authorisation or permission to lodge a caveat against his property as a security for the debt or as a … [Read more...]
The Mental Capacity of a Will Maker
The issue of the testamentary capacity of the will maker usually arises: when there is a notation of a mental illness on the death certificate; or when there is a challenge to the will by way … [Read more...]
Real Estate Agents Commission
Case Note by Jean F Brasse: 20 April 2018 Advisory Services Pty Ltd (trading as Ray White St Albans) v Augustin [2018] VSCA 95 Facts Augustin retained Ray White St Albans (Ray White) to sell … [Read more...]
Tips for effective mediation
TIPS when you participate in mediation Understand the process: Listen carefully to the opening statement of the mediator when the process is explained and not be afraid to ask questions about the … [Read more...]
Frequently Asked Questions – Wills and Probate
Will-making Capacity The will-maker understands the nature of the act and its effects. That is a will maker understands the nature of the document and the effect of the document; The … [Read more...]
Frequently Asked Questions – Family Law
Frequently Asked Questions – Family Law How to obtain a divorce? The only ground for divorce is that you have been separated for 12 months and there is no likelihood of reconciliation. … [Read more...]
Tips and Frequently Asked Questions – Conveyancing
TIPS WHEN BUYING Let me or one of the lawyers at Rowson Brasse & Co check the contract of sale and Section 32 statement before you sign them; Always make the contract … [Read more...]
Restraint of Trade
Is your Restraint of Trade Reasonable? As an employer, on termination of an employee and without the benefit of a well drafted restraint of trade clause, you are at risk of the employee: … [Read more...]
Role of the Executor & Estate administration process
Executor and Trustee What is an Executor? An Executor is the person you appoint in your Will to administer your estate on your death. They are also known as your legal personal … [Read more...]