Posts By: Duffy Elliott

26
Sep

When Does a Gift Become a Loan?

  A recent NSW Court of Appeal case examined the circumstances when money initially provided as a gift could later be classified as a loan. The Case In the case, the father made a financial advance to his son in the amount of $1.2 million to assist the son and his wife purchase their family home. Following a successful purchase at auction, the father had several discussion with friends and his son, the father changed his mind and wished to classify the gift as a loan. The father engaged his […]

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8
Sep

What happens to your super when you die?

  Did you know the provisions in your Will do not necessarily determine where the proceeds of your superannuation go? A recent case highlighted the importance of ensuring your testamentary intentions are properly documented for your superannuation. The Case The deceased’s girlfriend, who he had been living with for 9 months before he died, was awarded the vast majority of his superannuation ($352,170), leaving his two young daughters with less than one quarter of his superannuation ($49,664 each). The Law In a nutshell, your estate will be separated into two […]

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31
Aug

Duffy Elliott Lawyers farewell Denise

In August 2017 Duffy Elliott Lawyers said farewell to longstanding staff member Denise. Denise had been part of Duffy Elliott Lawyers, previously MJ Duffy & Son, since 1969. Denise initially joined the firm as an office junior and later become a Legal Assistant to former partner Peter Poulton and then to current Director Stephen Duffy. During her time with the firm Denise distinguished herself with her patience and dedication. Denise’s willingness to guide and assist new staff members along with her gentle nature held her in high esteem by the […]

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15
Aug

Loose-Fill Asbestos

From 1 September 2017 a Contract for Sale and Purchase of Land must include a warning that if the dwelling was constructed prior to 1985 then the purchaser should make enquiries to determine if the premise contains loose-fill asbestos.   The warning recommends the purchaser; Search the Loose-Fill Asbestos Insulation Register. Check if the local council holds any records on premises that have Loose Fill Asbestos. What is Loose-Fill Asbestos (LFA) and Why is it Dangerous? In the 1960’s and 70’s raw crushed asbestos was used in ceilings as insulation.  Asbestos fibres […]

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1
Aug

UNREGISTERED FIREARM? HAND IT IN NOW TO AVOID PENALTY

From 1 July 2017 to 30 September 2017, individuals who have an unregistered firearm or firearm-related item in their possession – for whatever reason – can legally dispose of it without penalty. You may also be eligible to sell your firearm to a dealer. The purpose of the amnesty is to improve public safety by reducing the number of unregistered firearms in Australia. The minister has said that the amnesty “is as much about giving a family a chance to get rid of an old heirloom as it is about […]

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18
Jul

Identity checks – why are they important?

At Duffy Elliott Lawyers we take all steps necessary to identify our new and returning clients. We also ensure our conveyancing client’s comply with Verification of Identity (VOI) requirements. Clients often wonder why they need to be identified. A recent case before the ACT Supreme Court highlighted why our processes for identifying a client is an essential part of the legal process. The case, Astell v Australian Capital Territory [2016], involved a client who owned property in the ACT. The client lived in South Africa and had engaged a local […]

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13
Jul

Guide to Living and Working in the Orana Region

Our Senior Associate, Melissa Mastronardi, has been working with NSW Young Lawyers and the Orana Law Society on the Guide to Living and Working in the Orana Region. The project aims to assist young lawyers who find themselves taking job opportunities in regional NSW. The Guide is the first of its kind in NSW. It contains helpful information to assist young lawyers settle into their new surrounds with tips to help them feel like a local in no time along with information about the NSW Young Lawyers and Orana Law Society. […]

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7
Jul

Duffy Elliott Lawyers Biggest Morning Tea

On 25 May Duffy Elliott Lawyers participated in the Australia’s Biggest Morning Tea raising $900 for the Cancer Council NSW. Duffy Elliott Lawyers would like to thank everyone who attended and supported the morning tea, in particular The Little Big Dairy Co who kindly donated all the milk, cream and flavoured milk. For more photos and a short video from Samara, one of the organisers of the morning tea, see the Daily Liberal article.

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12
Apr

When can I get divorced?

If you have been married and separated from your partner you might wonder when you can apply for divorce. The general rule is either party to a marriage can apply for divorce one year and one day after their separation.  This means, if you separated on 1 January 2017 you can file for divorce on 2 January 2018. If you and your spouse are physically separate, that is one person moved out of the home, the separation date it is relatively easy to work out. If you continued to live […]

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5
Apr

How does divorce affect my property matters?

Many family law clients are worried what affect a divorce will have on their family law matters. The two most common questions asked of our family lawyers are: Can I have a property settlement before I get a divorce? Can I still have a property settlement after my divorce? Can I have a property settlement before I get a divorce?  You do not need to wait for your divorce to have a property settlement. There is no time period after you have separated that you need to wait before you […]

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