Electronic Conveyancing ( E-conveyancing) – If Applicable

  

What is Electronic Conveyancing (E-Conveyancing)?

Electronic Conveyancing (E-conveyancing) allows for an “electronic” settlement of a conveyancing transaction through an online exchange known as PEXA.  The system will operate across Australia and is supported by legislation in Queensland.

The system does not cover all aspects of the conveyancing process but does allow for the preparation and signing of documents and their lodgement in the Land Titles Office as well as the completion of financial transactions involved in a conveyance (such as settlement money transfer and transfer duty payment) to occur electronically.  Traditionally, each of these steps is handled by a paper process where printed documents would be signed by parties, and documents and cheques for settlement funds are physically exchanged at settlement.

The main advantage of an electronic settlement process is efficiency.  Not only does the process make it unnecessary to attend a physical settlement for the exchange of documents and funds, when the exchange occurs, cleared funds are credited to the recipient’s account within a very short time.  This has particular benefits for a Seller who will not be required to wait for cheque clearing procedures following a settlement.

• When Can Electronic Conveyancing (E-Conveyancing) be Used?

The electronic settlement process cannot be used for all conveyancing transactions and can also only be used if all parties agree to it.  The process is only available to financial institutions, and parties who engage a legal practitioner.

In our First Letter, we will tell you whether the Contract makes provision for Electronic Conveyancing (e-conveyancing) to be used for settlement.  Even if it does, the use of e-conveyancing for settlement will likely depend on the agreement of all parties (including financiers) to do so.

Client Authorisation and Verification of Identity

We require your authority to use e-conveyancing for the settlement of the transaction.  That authority must be provided in the form of a Client Authorisation.  A separate authorisation form must be signed by each Buyer. If Electronic Conveyancing (e-conveyancing) is to be used, we will contact you closer to settlement to discuss arrangements for the signing of a Client Authorisation.

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As a Client Authorisation allows us to undertake the settlement of the transaction on your behalf (and to sign documents for you), we are required to undertake a prescribed process to verify your identity.  This will require you to attend our office for a face-to-face meeting where you will need to produce identity documents and sign the Client Authorisation.  If a face-to-face meeting is not possible, an agent can undertake the verification of the identity process.

• Risks of Using Electronic Conveyancing (E-Conveyancing)

Although the system may have advantages for the parties in relation to the efficiency of arranging settlement and the transfer of funds, a party contemplating the use of e-conveyancing should be aware of the following risks:

1. The electronic settlement may be delayed by system failures.  If e-conveyancing is proposed, it will be important to consider
2. How the Contract deals with the issue of system failure to ensure that your rights are not adversely affected because a relevant computer system is inoperative.
3. A party to a transaction may, after having previously agreed to use the system, elect to withdraw from it.  Once again, it will be important to consider how the Contract deals with this issue. For example, if the Contract does allow parties to withdraw from the system, the parties may still need to prepare for a traditional (paper-based) settlement process to ensure that the other party is still able to satisfy its settlement obligations on time.  Having to prepare for both methods of settlement may erode any efficiencies and costs savings and even add to the work involved.
4. One of the main advantages of an electronic settlement is the transfer of funds to the recipients of the settlement proceeds within a very short time.  This will include not only the Seller and the Seller’s financial institution but also authorities to whom money is paid to discharge an outgoing.  Any arrangement that involves the transfer of funds to a nominated bank account carries with it the risk that an error may result in funds being credited to the wrong account.  The speedy transfer of funds may make any wrongfully transferred funds more difficult to track or recover.
5. A traditional settlement involves a physical exchange of documents and funds (provided by bank cheques) and, generally speaking, at any time until that exchange has taken place a party may refuse to settle.  An electronic settlement will require the respective parties to commit themselves to settlement at an agreed time (when the electronic workspace for the transaction will lock).  Unlike a traditional settlement where settlement may be aborted until final exchange, the parties will not be able to abort the settlement after the workspace locks and the settlement process has commenced. In limited circumstances, this may mean you discover issues with the Property and, while the Contract has not settled, you may be unable to exercise any rights.

Article Source: Electronic Conveyancing

Joint Tenants vs Tenants in Common

  

There are 2 Alternative ways to own Property in Australia: Joint Tenants vs Tenants in Common

In a Joint Tenancy, all of the owners own the entire property. If one of them dies, the survivor(s) remain the owner of the property – it does not matter what any Will might say until there is only 1 registered owner.

In a Tenancy in Common, each owner has a defined share – 50%, 30%, etc. If an owner dies then their share in the property passes accordingly to the terms of their Will, or if they do not have a Will, according to the rules about intestacy. (Joint Tenants v Tenants in Common)

If you don’t know what your ownership details are, we can do a Title Search and find out for you. It is possible to change from one type of ownership arrangement to the other, although there could be some stamp duty to be paid depending on your individual circumstances.

You will need to make your own arrangements for connecting electricity, gas, telephone, internet, pay-TV services, and other utility services from the proposed settlement Steps date.  If a service provider will not arrange for connection from the settlement without authority or confirmation from the Seller please obtain this via the real estate law agent or from the Seller directly.  It is beyond the scope of our retainer.

Additionally, the Family Law Act allows the Courts to alter the arrangements completely in the event of a Property Settlement Dispute, and the details of the ownership arrangement are separate from your responsibility to pay any mortgage payments.

Article Source: Property Lawyers Brisbane

What Should You Consider Before Buying Property?

   

Searches and Seller’s Disclosure

Generally, the property is sold free from encumbrances except those disclosed in the Contract. In addition, there are certain statutory warranties that apply and the Seller may make certain warranties in the Contract regarding the Property’s condition.

We will need to undertake various searches immediately following the establishment of the scheme and registration of the plan creating the lot to establish whether the Seller has complied with its disclosure obligations and that the warranties are correct. In the event of any adverse results, we will advise what rights you have in relation to those matters. Unless you instruct us otherwise, we will undertake all necessary searches immediately following receipt of notice of registration, so that we can protect your interests.

Despite undertaking certain inquiries which may reveal adverse impacts on the Property, you will not always be able to terminate. If searches do reveal unsatisfactory results we suggest you instruct us to give you specific advice about your contractual rights and any remedies you may have. The advice will depend on the nature of the unsatisfactory search result and your particular Contract. For example, the discovery of unapproved structures, non-compliant swimming pool fencing, and flooding do not give you a right of termination or a right of compensation from the Seller. Despite this, searches are still undertaken so that you are well informed of the Property’s condition.

• Present Use

For residential units, the development will usually require approval for a material change of use.

Following construction, it is prudent to obtain a standard town planning certificate to confirm whether a material change of use approval was obtained and the terms of that approval. Our recommendation about a town planning certificate appears below.

• Town Planning Certificates

There are three types of planning and development certificates that can be obtained from the local authority. The information these searches disclose and their relative cost is set out in the buyer’s Searches List:

1. Limited Certificate – (Takes approximately 12 business days)

Provides:

1. 1. Information as to the town plan area or zone in which the Property is located; and
   2. By reference to the plan, a description of the planning scheme provisions applying to the Property.

Limited certificates do not tell you whether the existing use is lawful or whether any conditions for the use of the Property have been complied with. This certificate reveals the designated zone of the land and any other restrictions on the use of land in the zone (e.g. if the Property is in a Demolition Control Precinct or subject to character housing or other development codes of general application to the area).

1. Standard Certificate – (Takes approximately 12 business days)

Provides:

1. 1. The same information as in a limited certificate; and
   2. A copy of every decision notice or negotiated decision notice for a development approval that has not lapsed, which has been issued by the local authority for the Property.

By looking at the existing use of the property, the local authority area or zone and the approvals obtained, it is possible to ascertain if the property is capable of being lawfully used for its existing use or for other uses.

The certificate does not identify compliance with any approval conditions.

1. Full Certificate – (Takes approximately 30 business days)

Provides:

1. 1. The same information in a limited certificate and standard certificate; and
   2. If there is currently in force for the Property a development approval containing conditions (including conditions about the carrying out of works or the payment of money), a statement about each condition’s fulfillment or non-fulfillment.

The full certificate is more expensive because a town planning officer from the local authority needs to inspect the Property and go through approval conditions to identify compliance and non-compliance.

• Recommendation on Town Planning Certificates

1. 1. For a residential dwelling or vacant land, a limited certificate will generally be adequate unless you intend to develop the property when you may require a standard or full certificate;
   2. For residential units, the overall development must have been granted approval for a material change of use. It is prudent to obtain a standard certificate to confirm approval was obtained.

Despite the above, we still recommend you instruct us to obtain a standard certificate otherwise you may not be able to establish that the use is lawful. In addition, information about some local government charges that may apply to the Property (such as infrastructure charges) is only available by obtaining a standard (or a full) certificate. Local government approval for a change in use or a reconfiguration will often include conditions requiring the payment of charges for infrastructure use or upgrade. If the seller does not pay any relevant charges attaching to the Property, you may become responsible for their payment.

We recommend, at the very least, that you instruct us to obtain a limited certificate.

It is important to note that any development approval for the Property attaches to it and will bind the owner (and any occupier) of the Property. If you purchase the Property and there are outstanding obligations under a development approval, you may become liable to perform them and for any consequences of non-compliance (including prosecution for an offence).

The only sure way of knowing whether approval conditions have been complied with is to obtain a full certificate. Obtaining a full certificate is costly and takes considerable time (you may not necessarily receive the certificate by settlement even if ordered immediately). The certificate is legally binding on the council and the search may discover non-compliance issues that the other town planning certificates will not.  If you intend to develop the Property or are particularly concerned with compliance with all approvals (and your settlement date is sufficiently far enough away to allow the results to be obtained in time) it can be beneficial. If you require a full certificate please contact us as soon as possible.

• Future Use

If you have any plans to change the present use of the Property or any building structures on it in the future, it is your responsibility to investigate what approvals you require from the local or other authorities. This is not part of our retainer.

• Environmental Protection

The Environmental Protection Act 1994 (Qld) (“EPA”) requires that the Seller makes specific disclosure, before entering into the Contract, if any of the following are applicable to the land (including the common property if in a Community Titles Scheme):

1. The land is listed on the Contaminated Land Register or Environmental Management Register;
2. The land is the subject of an EPA notice or evaluation (generally about possible contamination or notifiable activities such as underground fuel storage); or
3. A magistrate has issued an EPA order for an authorised person to enter the land to conduct an investigation or carry out work.

If any of these apply and the Seller does not give disclosure before you enter the Contract then, you may terminate before the earlier of settlement or possession. If the Seller has not complied with these disclosure obligations, the Seller may still give disclosure after the Contract has been entered into, but you will be given a period of 21 business days after disclosure to terminate the Contract. If you do not terminate in that time you will lose the right. Given the limited time period available for termination, it is important that you contact us promptly if you receive a notice from the Seller to remedy a failure to comply with its disclosure obligations.

If you terminate the Contract because of the Seller’s failure to make relevant disclosure, all money paid by you under the Contract must be refunded.

The searches we undertake only identify land on the Contaminated Land Register or the Environmental Management Register but not notices and orders. If you think the land may be contaminated, consider the prior or current use of the land might contribute to any contamination issues or any notices or orders that may affect the land, please contact us as soon as possible so that we can take the necessary steps.

• Administrative Advice 

Administrative advice may reveal interests on title impacting on the land that require disclosure by the Seller such as heritage listing or agreements, coastal protection notices, nature conservation orders, vegetation clearing offences, or Milton Brewery notices (for a lot in respect of a unit).

Administrative advice on title may note that the land is declared acquisition land under the Queensland Reconstruction Authority Act 2011 (Qld) and the following would apply:

1. The owner is not able to sell the land other than to the authority; and
2. If the owner does want to sell the land the authority must acquire it.

If coastal protection or tidal works notice is given under the Coastal Protection and Management Act 1995 (Qld), this should appear as administrative advice.  If you buy land with this on the title, then the Contract may be of no effect unless the Seller has given you written advice of the undischarged notice not less than 14 days before settlement, or if settlement is less than 14 days after the Contract Date, at or before entering the Contract.

Your rights for any administrative advice, including termination rights, may depend on the administrative advice and the extent of disclosure.

• Physical Limitations, Government Intervention and Operational Issues Affecting the Land

Unless you specifically instruct us to do so or unless the information is provided in the results from our standard searches, our retainer does not include advice about any of the following issues:

1. Whether the land is subject to laws about acid sulfate soils;
2. Whether there are agricultural land protection laws affecting the site or nearby land, air pollution;
3. Animal conservation laws over the site including current or proposed future wildlife corridors;
4. Bushfire control laws;
5. Whether the site is subject to commonwealth government environmental laws;
6. Laws about a potential acquisition of part or all of the site by government or quasi-government entities;
7. Whether the site or nearby land is contaminated or potentially contaminated;
8. The ability for the site to treat effluent;
9. Impacts on the site from current or future extractive resource developments including existing or possible future road haul routes;
10. Flooding from storm surge, overland flow, or other sources;
11. Foul water drainage, stormwater drainage pipes, sewerage pipes whether existing or proposed;
12. Whether you have any rights in negligence or contract or any other basis against an approving or acquiring authority;
13. Service connections to the site by services such as sewerage, water, power, telephone, internet or gas;
14. Whether the site is subject to land slip-on or steep slopes;
15. Any laws relating to waste management and the use of the site for waste management activities;
16. The availability of waste collection services for the site; or
17. Watercourses and underground water sources on the site and their effect on the usability of the site.

If you have any particular concerns relating to any of these matters then you should contact us.

• Unregistered Encumbrances

Unregistered encumbrances and other government rights or interests may affect the Property or the title such as:

1. Unregistered water, sewerage or combine drains; or
2. Access or extraction rights under the Greenhouse Gas Storage Act 2009 (Qld); Geothermal Energy Act 2010 (Qld) or the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

The standard searches may not reveal all unregistered encumbrances or other rights or interests. Council rates searches often show sewerage or drainage lines through the Property.

If you have any concerns about unregistered encumbrances, please contact us as soon as possible.

• State Government – Prescribed Projects

It is possible that infrastructure projects undertaken by the State Government under the State Development and Public Works Organisation Act 1971 (Qld) may affect the land or nearby properties (e.g. water infrastructure pipeline works).

Your use and enjoyment of the land may be affected by a project even though the land is not directly affected. Our searches only reveal issues affecting your land.

We suggest you check to see if projects have been declared or proposed in the area.

• Urban Encroachment

The Sustainable Planning Act 2009 (Qld) (“SPA”) contains provisions for the registration of urban encroachment areas that are known to be affected by the emission of aerosols, fumes, light, noise, odour, particles, or smoke.

If the Property is in an affected area, then you are restricted from taking proceedings against the industry making the emissions, with few exceptions.

There is generally no termination right if it is discovered that the Property is in an affected area. However, contracts for units in the Milton Rail Precinct that are subject to a current development application made before 27 April 2009 may be terminated if you did not receive a notice before the Contract.

An owner must not lease a unit in an urban encroachment area before giving notice to any tenant that the unit is in the area and noting the restriction on proceedings.

• Neighborhood Disputes

Please tell us if you hear about or receive any copies of documents relating to disputes between the Seller and neighboring property owners about dividing fences or trees.  In particular, please tell us if you are aware of any:

1. Notices to fence from a neighbor; 
2. Applications to QCAT for fencing or trees; or 
3. QCAT orders for fencing or trees affecting the Property.

If there are three applications or orders affecting the Property and you receive them from the Seller before you enter into the Contract, then you can be obliged to respond to the QCAT application or complete work specified in an order which has not been completed.

If copies of three applications or orders are not given to you prior to your entry in the Contract then you may have the ability to terminate at any time prior to settlement. The Seller may also be liable for your reasonable legal and other expenses incurred in relation to the Contract after you signed it.

If you complete the purchase and the Seller has not completed all work required in a QCAT tree order not disclosed to you before the contract, the Seller will remain liable to carry out the work after settlement.

• Building Covenants

Are you aware of any building covenants affecting the Property or have you signed any document relating to any covenants? If so, please provide us with details and a copy of any documents signed, as these may impact your proposed use of the Buying a Property or bind you to additional contractual obligations or liabilities.

Article Source: Property Law

Federal Court Imposes A Pecuniary Penalty Of $20 Million For False Or Misleading Representations

  

This article aims to analyze the recent decision of the Federal Court imposing a pecuniary penalty of $20 million for false or misleading representations on the Colonial First State Investments Limited (Colonial). 

Summary Of Facts

The cited case is Australian Securities and Investments Commission v Colonial First State Investments Limited [2021] FCA 1268. Colonial in this case admitted that between 2014 and 2016 it designed and implemented a communications campaign, via letters and telephone calls with nearly 13,000 of the members of its FirstChoice Personal Super product, in which it made false or misleading representations about members’ entitlements in relation to their superannuation investments. 

The Court noted that Colonial’s conduct in sending 12,911 letters on or about 22 April 2014 to members of its FirstChoice Personal Super product from whom Colonial did not hold an investment direction (as defined) and who had accepted superannuation contribution into Colonial’s FirstChoice Personal Super product in contravention of s 29WA of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) (the Letters) and further, by making 70 telephone calls between 18 March 2014 and 21 July 2016 to members of its FirstChoice Personal Super product who were in the same position as the recipients of the Letters (the Calls), as part of a program of calls to at least 12,209 members.

What Was Considered To Be False Or Misleading Representations?

The Court viewed that in the Calls and Letters, Colonial did not disclose to its members that it was in breach of s29WA and further misrepresented to members the nature of the obligation under that provision. It also misled its members in a manner designed to maximize the prospects of the members providing Colonial with an investment direction. Obtaining an investment direction was in Colonial’s commercial interests because those members would continue to pay higher fees associated with the FirstChoice Personal Super product rather than the lower fees payable under no-frills, low-cost MySuper product.  

Why Was The Penalty Not Higher Than $20 Million?

Justice Murphy in handing down the decision opined that he has taken into account that Colonial has embarked on a substantial remediation program, and the penalty would have been higher had it not done so. His Honour further stated that Colonial, in respect of telephone calls made to its members of FirstChoice Personal Supper (not just the 70 Calls which are the subject of the Declarations) it has paid a total of $77,079,209 to date in relation to 7,695 members accounts, doing so on the assumption that, in each case, the members would not have provided Colonial with an investment direction had the call not occurred. The Court also took note of the fact that, in respect of the contravening Letters, Colonial has committed to remediating all affected customers that have not already been compensated, which is likely to amount to approximately a further $45 to $53 million, in relation to losses arising from conduct within the scope of this proceeding. 

What Other Measures Did The Court Deem Appropriate?

Justice Murphy further opinioned that in his view it is appropriate to make an adverse publicity order which will provide a notice advising of the contraventions to appear 90 days on the home page of Colonial’s website, and for one year on the webpage which appears after a member or employer logs into Colonial’s secure online service via the ‘member’ or ‘employer’ sections of the webpage using personal credentials; Colonial is also to mail the notice to members of its FirstChoice Personal Super product in the relevant period. 

Why A Pecuniary Penalty After All?

The Court is of the view that the principal object of a pecuniary penalty is deterrence, directed both to discouraging repetition of the contravening conduct by the contravener which is commonly known as specific deterrence and discouraging others who might be tempted to engage in similar conduct which is commonly known as general deterrence.

👉👉 For advice or assistance with all consumer matters and the latest update contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Source: False Or Misleading Representations

How To Stay Safe From Property Fraud?

  

Particular issues of property fraud concern

If there are matters regarding the Property of particular concern or importance to you or your financier then you should contact us so that we can determine whether a special condition is required and appropriate investigations can be made.  For example:

1. Is the purchase subject to the sale of the Buyer’s existing property?
2. Is payment of deposit by insurance bond or bank guarantee?
3. Rights of termination if particular searches are adverse for example if an existing or proposed tunnel or abandoned mines are discovered beneath the Property.

Fraud, Identity Theft, and Hacking

There has been a recent increase in the number of attempted property fraud relating to real estate.

It is essential to the conveyancing process that you provide us with a range of private information.  Much of that information can be obtained by fraudsters and identity thieves from publicly available records or by hacking, phishing, or trolling through unsecured email transmissions.

Parties to a conveyance are targeted as the conveyancing process often requires the transfer of large quantities of money.

We will take steps, such as obtaining personal identification from you, to assist to minimise the risk of property fraud.

We recommend that you also take steps to minimise the risk that your personal information is fraudulently obtained by being cautious about all communication. This could include the following steps:

1. Double-check that all money transfer requests are legitimately requested by our law practice or your financier – despite how legitimate the request may appear;
2. Do not transfer any money to any account other than our trust account (at our request – details of which are in the To-Do List) or to your existing financier or mortgage accounts (at your financier’s request) – without first checking with us that the transfer is necessary for your transaction;
3. If you are contacted by someone you don’t immediately personally recognise representing themselves to be from our law practice, your financier, or somehow linked to the transaction, ask the representative some historical questions about the transaction that you can be certain will verify that they are who they say they are;
4. Avoid sending personal and sensitive information such as bank account numbers via email;
5. Where instructions are requested or advice is provided via email, check with another form of communication.

Promises Made By the Seller or the Agent

Please tell us of any promises or warranties made to you by the Seller or the agent which are not contained in the Contract as soon as possible, as we may not be aware of them. There may be no protection for you in the Contract in relation to such issues.  Your options may be limited to:

1. terminating under any applicable cooling-off period or some other contractual term (where applicable); or
2. a claim for compensation.

Court action is expensive and if you are aggrieved by the misrepresentation it may be more cost-effective to terminate, if possible using any contractual rights if you have the opportunity.

Other Professionals

We suggest you seek advice about the purchase from  other professionals, including:

1. an accountant – about the commercial viability, appropriate purchasing entity, tax considerations of the purchase, and (if applicable) compliance with your SMSF’s investment strategy;
2. a valuer – to assure yourself that the price represents the market value of the Property; and
3. a town planner – to assess planning compliance issues or give advice regarding proposed future development.

If the proposed lot includes vacant land, you might also consider seeking advice from:

1.a surveyor – to survey the property to check for a boundary, area, and encroachment issues;

2.a soil tester – if you are planning on building (particularly in a new estate) to assure yourself that the soil condition does not require any special construction requirements. 

Article Source: How To Stay Safe From Property Fraud?

Where Family Law and Estates Intersect

  

Introduction

In addition to the two legal estates inland, it is also possible to have an interest inland. This is a lesser right over the land which falls short of possession.

Anyone can own an interest in land.

It is not always necessary to own land to have an interest inland. For example, à privilege, or ‘profit a prendre’, allows the owner of that interest to enter a person’s land in order to take produce from it, such as crops or firewood, without actually being the owner of any land themselves.

Aim Higher

There are exceptions to this rule, as easement can only benefit an individual as the owner of the benefited land. This is discussed in further detail in Chapter 9.

As a property right, an interest in land can be sold by the owner of the interest or transferred to a third party in the same way as an estate in land can. The owner of an interest in land can also protect their interest against a third-party purchaser of the estate in which the interest is held.

Legal and equitable interests in land

Interests in land can be legal or equitable.

Legal interests

According to s 1(2) of the Law of Property Act 1925, there are five legal interests that can exist over land. These are:

1. an easement, right or privilege;
2. a rent charge;
3. a charge by way of a legal mortgage;
4. miscellaneous statutory charges;
5. rights of entry.

Family Law and Estates Intersect

The recent Canadian case of Carrigan v Carrigan’s Estate is a timely reminder of the need to ensure that we all keep our financial affairs in order, particularly when there have been changes in our family circumstances.

In this Canadian case, Mr. Carrigan passed away leaving a DeFacto partner with whom he had been living at the time of his death but also a wife from whom he had not been divorced. In that situation, the Canadian Courts were called upon to decide who should receive which elements of Mr. Carrigan’s Estate.

Whilst that decision was based on the relevant legislation in Canada, it is a timely reminder to all of us to keep our Life Insurance and Superannuation benefit nominations under review, as well as our Wills, and to amend them if family circumstances change. For advice in relation to Family Law and estates Matters or in relation to the preparation of Wills contact Ian Field on 07 3236 0001 or ifield@aylwardgame.com.au.

Article Source : Where Family Law and Estates Intersect

Domestic and Family Violence and Wills and Enduring Powers of Attorney and Superannuation Nominations

The definition of domestic and family violence is widely drawn in Queensland, and an increasing amount of attention is being paid to what is described as coercive control. It would not be uncommon for 2 people who are married or in a de facto relationship to write wills or EPOA’s appointing each other as attorneys and executors. These appointments do not change unless you take steps to implement changes. Therefore if your wishes change, you need to act to give effect to your new intentions and wishes. 

If you are making plans to leave a relationship, changing your will or your enduring power of attorney is a step that you can consider taking as part of your preparation. If you have already left your relationship, this is something not to forget to attend to. In most situations it should be straightforward and it will not be necessary to notify your former partner, but it would be preferable to take legal advice as there may be situations in which this may not be so straightforward. Your enduring power of attorney qld allows you to appoint someone you trust to make decisions for you during your lifetime.

Another consideration is your Super fund, and whether you have made a Binding Nomination to your Super fund. If you are in a de facto relationship that ends then an entitlement to receive a payment on death will cease when the relationship ceases, but for people who are married the entitlement only ceases on divorce, so again make sure you consider this. Also don’t overlook that Super Fund nominations usually need to be renewed every 3 years, or they will lapse.

For Family Law Advice with a practical focus or need an Enduring Power of Attorney QLD, Call Aylward Game Solicitors on 1800 217 217

Learn more here: Family Lawyer Brisbane & Estate Lawyers QLD