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Voluntary Assisted Dying – What is the impact on life insurance policies?

On 11 December 2019, history was made as Western Australia became the third jurisdiction in Australia, and the 19th jurisdiction in the world to legalise euthanasia by passing the voluntary assisted dying legislation.   The legislation is expected to come into force by mid-2021 and it will allow patients with
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Top 5 Tips for Executors

  For most people, being the executor of a Will is a job that only occurs once in life- it’s also not a job that many people are prepared for. The duties of an executor are onerous and can change depending on the nature of the estate and the Will
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Parenting arrangements after separation

Have you recently separated from your partner? Do you have children together? Are you unsure about how to come up with a parenting arrangement?   This article details the types of parenting arrangements that can be made and gives information about common outcomes in regards to parenting arrangements.   Types
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Corruption charges laid against Paul Whyte

We’ve all done it – called in sick to spend the day at the beach, headed home after a conference rather than returning to work for the last half hour of the afternoon, fraudulently raising $25 million worth of fake tax invoices against your employer over the course of 11
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Changes to Discretionary Trusts and Foreign Persons

  In recent months we at Lynn & Brown Lawyers have been asked a number of times to amend trust deeds to add a new class of excluded person.   We have been asked to vary trust deeds to ensure that persons who are living overseas and not Australian Tax
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10 Tips on what to consider before signing a contract

  We often find that when businesses and individuals are signing contracts that it is a busy time in the business or individuals lives. There is often a lot going on and a lot of excitement about the endeavour about to be entered into.  It is often, therefore, a temptation
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‘Tis the Season

  The team at Lynn & Brown would like to take this opportunity to wish everyone a safe, happy and peaceful Christmas; and joy, strength and courage for whatever 2020 holds for you. We take this opportunity to look at some things that may be relevant to you at this
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How does a FVRO affect Family Court proceedings?

  What is an FVRO? A Family Violence Restraining Order (“FVRO”) makes it unlawful for a person to do certain things, such as approach where the protected person lives, works or is educated, communicate with the protected person, go within a certain distance (eg. 50 meters) of the protected person
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Voluntary Assisted Dying in WA

The debate over the WA government’s voluntary assisted dying (VAD) legislation is currently in full swing.   The principal purpose of the draft Voluntary Assisted Dying Bill 2019 is to provide for and regulate access to VAD and to establish the Voluntary Assisted Dying Board to oversee the process. This
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Help! I am unsure if the child is mine

  Of late, we have had an increasing number of men seek our advice in relation to uncertainty about whether a child is biologically theirs. So what exactly can a person do if they are experiencing these doubts, and what are some of the flow on effects of legal parentage?
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What happens if you die and don’t have a will is changing in WA

  It’s been 37 years since the Administration Act 1903 (WA) has been changed with respect to how a person’s estate will be carved up after their death, and we are long overdue for an update.  The Administration Act 1903 (WA) sets out how a person estate is to be
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Enduring Powers of Guardianship

  Estate planning today not only includes a discussion about Wills, trusts and powers of attorney.  An increasingly useful part in the estate planning toolkit is a document known as an enduring power of guardianship (EPG). Under the Guardianship and Administration Act 1990 (WA) (the Act), a person can execute
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Murky waters as to what is “responsible lending”?

  On 13 August 2019, Justice Perram dismissed a case that ASIC brought against Westpac in regard to responsible lending laws. Ultimately, Justice Perram decided that Westpac’s use of an automated process for loan approvals was not a breach of responsible lending. The decision leaves us asking: Will banks ever
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The Impact of Social Media on the Safety of your Child

  Parents love using social media platforms, like Facebook, to share images of their children with friends and other family members.  There is a pretext that the platform is safe from prying eyes.  However, not many people think about the dynamics of this site, and how it is used to
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ARE YOU AN EXTERNAL ADMINISTRATOR BEING QUESTIONED BY CREDITORS?

  Or, are you a creditor of a liquidated company seeking information? Legislative changes commencing in 2017 conferred additional power on creditors of companies in external administration.  The additional powers included a right for creditors to obtain information and records from an external administration.   INTRODUCTION OF THE POWER The
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When can an insurer refuse a claim?

Section 54 of the insurance contracts act 1984 (cth) can be used to restrict an insurer from rejecting a claim.   What are the limits of Section 54? Section 54 of the Insurance Contracts Act 1984 (Cth) provides that an insurer may not refuse to pay a claim in certain
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I’ve just bought a property, what are my rights?

I’ve just bought a property, what are my rights? Buying a house or apartment can be both exciting and stressful for many people. Whether you’re a first home buyer, thinking about purchasing an investment property or you need to upsize to a family home, there are a few important things
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Do I have to support my ex-partner?

Do I have to support my ex-partner?   In certain circumstances, the Family Court may order a person to financially support their ex-partner after separation. Maintenance is when one partner gives his or her ex-partner financial assistance after the relationship has ended. Maintenance is not the same as child support.
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Five things to consider before you say “I do” for the second (or third!) time around

  Do half of marriages really end in divorce? Following the introduction of the Family Law Act 1975 which came into effect in January 1976 and allowed couples to divorce without alleging or proving fault, divorces in Australia rose to approximately 4.6 per 1,000 residents. The divorce rate has progressively
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What do I have to tell my ex-partner about my financial affairs when we separate?

  Duty of disclosure Separating couples have a “duty of disclosure” from the date of separation until the finalisation of their property settlement. Duty of disclosure means that all parties to a family law dispute, regardless if the matter is in Court or not, must disclose to each other all
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