Archives for October 2011

Civil Dispute Resolution Act 2011 (Cth) have you taken genuine steps?

The substantive provisions of the Civil Dispute Resolution Act 2011 (Cth) (CDR Act) commenced by proclamation on 1 August 2011.

The objective of the CDR Act is to attempt to ensure that disputants take genuine steps to resolve a dispute before commencing civil proceedings in the Federal Court. [Read more…]

Directors’ Duties in Australia

The philosophy behind director’s duties is to promote good governance and to protect the company and its stakeholders.  In Australia,there are three (3) sources law that govern the obligations of Directors of unlisted Companies:

  • statute Corporations Act 2001 (Cth)(Act) and subordinate regulations and rulings;
  • common law (judge-made law) that interprets the Act and creates binding authority; and
  • the company’s constitution. [Read more…]

What happens if you die without a Will?

What does it mean if you are intestate?

According to section 5 of the Succession Act 1981 (Qld) (Act), Intestate is defined to mean where a person dies and either does not leave a will, or leaves a will but does not depose of it effectively.

[Read more…]

What is a Family Provision Application?

Under Part 4 of the Succession Act 1981 (Qld) (Act), a Will can be contested for inadequately providing for the proper maintenance and support of a defined class of persons.

These persons include spouses, de facto spouses, former spouses, children, adopted children, step-children or dependents of the deceased (Dependents).

Family Provision Applications can be made to vary the distribution of an estate whether the deceased was testate (with a Will) or intestate (without a Will).

[Read more…]

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