Legal Updates

My Health Record

There has been a fair bit of media commentary on the My Health Record (MyHR) system. If you do not ‘opt out’ before 15 November 2018, a MyHR will be automatically created for you. If you then ‘delete’ it, your data will still be stored for 30 years after you die (or 130 years after…

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Elder abuse – not just physical

With the recent call for a Royal Commission into aged care, there is now closer scrutiny on elder abuse.  This comes as a relief to many who have borne witness to family members being the victims of harmful acts from people in whom they have placed trust. Elder abuse can take several forms, be it…

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PMSI super-priority confirmed by South Australian Supreme Court

Last Friday, the Full Court of the Supreme Court of South Australia delivered its judgment in Samwise Holdings Pty Ltd v Allied Distribution Finance Pty Ltd [2018] SASCFC 95. The Full Court upheld Justice Blue’s decision that Allied Distribution’s PMSI had priority over an earlier registered AllPAP security interest with respect to 40 motorcycles. The…

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Minimising the challenges of estate planning for blended families

If you, or someone you know, are in a second marriage then you need to contact us to discuss your estate plan. The current divorce rate in Australia is about 40%.  The majority of clients we see today are in their second marriage, often both with children from their first. These blended family situations, whilst…

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Recent changes to Probate Applications

What is Probate? When a person passes away he or she usually leaves behind an estate which requires administration.  It is the assets comprising the estate which dictate and determine whether the Executor named in the deceased’s Last Will and Testament needs to apply for a grant of Probate. Probate is simply the process of…

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Are we there yet? Practical completion and handover

Practical Completion can be tricky to navigate.  The contract will usually specify a finish date when the building work is to be complete, but there are times when this date isn’t met.  Once the building work is complete (or substantially complete as explained below) then Practical Completion has been reached. Practical Completion does not require…

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Worker’s Liens: what to keep in mind when registering a lien

There’s nothing worse than finishing up your work and then having an argument about getting paid. That’s when a worker’s lien can be helpful and help you get paid for work done and materials supplied. What is a worker’s lien and why is it important? Worker’s liens date back over a century but are still…

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Supervision only anyone?

You may be asked to be supervisor for a job.  You might think this is a way to earn some easy money but before you jump in, consider the risks. A supervisor has a duty of care to properly supervise the work of others.  That means regular visits to the site and careful checking of…

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Beware the unlicensed builder

Licensed builders A person must be licensed as a building work contractor if they want to undertake building work for a client (this includes gas fitting, plumbing and electrical work).  Section 6 of the Building Work Contractors Act 1995 (SA) (Act) makes it an offence to undertake or give the impression of carrying on a…

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