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Superannuation and Bankruptcy

If a person is bankrupted, many of their assets are available to the trustee in bankruptcy to be realised and applied for the benefit of the trustee’s fees and creditors.  But does this include amounts in a superannuation fund? The answer is generally no, however as is typical, there are exceptions.  While each matter depends […]

FIRB changes for residential property

FIRB Update – Fee changes aimed at Australia’s current housing crisis On 10 December 2023, the Federal Government announced that 2024 would see the introduction of new legislation, tripling FIRB application fees for foreign residents purchasing established dwellings and a reduction in FIRB application fees for build-to-rent projects. The changes are aimed at ‘improving housing […]

What if your attorney loses capacity?

What happens if your Enduring Power of Attorney loses capacity? An Enduring Power of Attorney (EPOA) is a legal document that allows someone (the principal) to appoint another person (the attorney) to make decisions on their behalf, particularly in financial and legal matters, even if the principal loses mental capacity. However, if the appointed attorney […]

AI Fail

Artificial Intelligence is being increasingly used by clients attempting to reduce their reliance on lawyers, and in some cases by lawyers themselves in legal research.  In a US decision of Mata v Avianca Inc (2023), submissions were prepared using Chat GPT, citing a number of court decisions, and these submissions were provided to the court.  […]