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Australian Family Provision Law is a current and fresh analysis of family provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.
It is difficult to imagine a body of law more sensitive to changes in our society than the law of family provision. This highly anticipated Fifth Edition has been completely reviewed and updated with a further 250 cases considered. The existing concise case tables have been expanded to include new tables covering small estates, De Facto widowers, foster children and same sex partners. This edition also includes new sections dealing with special disability trusts, summary dismissal and Crisp orders. Essential reading for all practitioners, teachers and students involved in this challenging area of the law. Features Authoritative and detailed National application Concise case tables for multiple topics Related Titles Perkins & Monahan, Estate Planning: A Practical Guide for Estate and Financial Service Professionals, 4th ed, 2015 Sundar, Rowland & Bailey, Testamentary Trust, Strategies and Precedents, 2nd ed 2016 Birtles & Neal, Hutley's Australian Wills Precedents, 9th ed 2016 Book Review - The Law Society of Tasmania
Australia's population is ageing. In order for legal practitioners and other professionals such as financial advisors, accountants and healthcare workers to address the changing needs of their clients, it is essential that they have a solid grasp of the unique collection of legal issues that affect the elderly. Written in clear and accessible language, the text surveys a number of topics unique to the elderly including: mistreatment in aged care, elder abuse, discrimination, capacity to execute legal documents and challenges to wills and estates. This second edition has been updated to reflect recent changes to legislation and case law. It incorporates new commentary on intergenerational property transfer, statutory wills and the claims and entitlements of veterans. The sensitive issues of advance medical directives and termination of medical treatment are also explored.
This book is a collection of essays that aims to identify the multitude of ways in which Australian Muslim women negotiate both Australian Family Law and Islamic Family Law in the key areas of marriage, divorce, child custody, property settlement and inheritance. The book also seeks to provide a timely and significant insight into the carious legal, cultural and social processes that Australian Muslim women use when disputes in these key areas arise. Islamic Studies Series - Volume 15
Chapters have been updated, and include: Commonwealth, states, family law legislation and courts, by John Fogarty; Legal practice matters: client interview and drafting affidavits, by Genevieve Dee; Divorce, by Louise Hennessy; Shared parental responsibility, by Anne-Marie Rice; Dispute resolution and family relationship centres, by Anne-Marie Rice; Parenting orders, plans and guidelines, by Anne-Marie Rice; Principles the court must consider when conducting child-related proceedings, by Karen Williams; Major long-term issues, by Anne-Marie Rice; Child abduction, by Anne-Marie Rice; Order enforcement and non-compliance in children's cases, by William Keough; Children and relationship factors, by Renata Alexander; Property and the four-step process, by Jacqueline Campbell and Grant T Riethmuller; Maintenance, by Jacqueline Campbell; Bankruptcy and third parties, by Stephen Mullette; Corporations and trusts, by Louise Hennessy; Taxation considerations; Property orders, by Chris Othen; Su
Since its first publication in 1970, Hutley's Australian Wills Precedents has become the essential reference work on the art of will drafting in Australia. The 7th edition is much more than an 'update' of the previous edition. The whole book has been thoroughly examined and reconsidered. The text, forms and precedents have been revised and in many places rewritten and extended. New cases and statutes have been taken into account and contentious issues critically examined. The precedent for a testamentary discretionary family trust will fill a need. These trusts are very difficult to draft. The trust offered here is a flexible, middle-of-the-road, general vehicle, designed to be adaptable to the needs of clients and practitioners. It allows for income splitting and offers some asset protection. The precedent is considered and explained in the text and is accompanied by a full and detailed explanatory document to be given to clients. The new, detailed, Table of Contents is intended to be a search engine, to complement the conventional index. It is a comprehensive list of all chapter and paragraph headings, occupying many pages; it therefore offers ready access to the matters which a will drafter has to consider. A Compact Disc containing all the precedents and forms in Microsoft Word 2002 format is included.
Authoritative guidance on the law and practice relating to family law financial agreements.
Foucault and Family Relations: Governing from a Distance in Australia analyzes how notions of property ownership were instrumental in maintaining family stability and continuity in rural Australia, outlining how inheritance and divorce laws functioned to govern the internal relationships of families to assist the state to ‘rule from a distance’. Using a selection of Foucault’s ideas on the “family”, sexuality, race, space and economics this books shows how “property” operated as a disciplinary device, which was underpinned by “technical ideas”, such as surveying and cartography. This book uses legal judgments as a form of ethnography to show how property, as a socio-technical device, allowed a degree of local freedom for owners. This aspect of property allowed the state to stimulate ideas of local freedom to assist in “ruling from a distance,” demonstrating how the rural family as a domestic unit became a key field of intervention for the state as the family represented a bridge to larger relationships of power.
Trusts and estates practice is being increasingly recognised as an occupation within the legal, accounting, tax and financial services professions. Estate planning remains the strategic advisory component within this practice. An essential resource for practitioners and students involved in trusts and estates practice, this easy-to-use, practical and comprehensive guide will enable you to understand and deliver effective estate planning services using the principles, precedents, practice points, case notes and discussion questions contained in this book. Included in this edition are the legislative changes enacted since the first edition, such as changes to wills and estate law arising from the commencement of the Succession Act 2006 (NSW) on 1 March 2008 as well as changes to income tax and superannuation laws since 2005.