News at Scanlan Carroll

Separated? How to get the most from your first meeting with your lawyer

The breakdown of a long term relationship or marriage is recognised as one of the most stressful things that someone can face. The prospect of dividing property, selling or refinancing your home, dealing with investment properties or a family business and making arrangements for the care of your children can seem overwhelming.

So where to begin?

Can I draft my own employment contracts? What are the risks?

It is worthwhile to obtain legal advice in relation to these important documents as they serve as an important foundation and there are many examples of what happens when employment arrangements go wrong.

Resettlement of Trusts

What is resettlement of a trust and why is it important to avoid?

The greater risk of elder abuse in the COVID-19 pandemic

The economic and social impact of the COVID-19 pandemic is likely to increase the presence of elder abuse in Australia’s ageing population. Legal advice should be obtained before certain transactions between family members to reduce the risk of elder abuse.

Is trust property protected against an ex-spouse’s claim?

lawyers are regularly asked whether a trust can protect assets against a claim made by a beneficiary’s ex-spouse in property settlements. The upshot? It depends on control.

When can an employee be stood down from work?

The Covid-19 pandemic has served as a reminder of the fact that proper consideration of all of the circumstances is necessary prior to standing an employee down.

Scam alert!

Protect yourself and your business in light of a recent increase in scammers looking to steal your money and personal data.

Advertising promotions and misleading and deceptive conduct

Businesses may think that the term misleading and deceptive conduct only encompasses actions or words that amount to explicit and blatant lying to consumers. However, the term is much broader than this public perception, and applies to many different behaviors of businesses in advertising and selling products.

Have you been left out of a Will?

In Victoria, if you have been left out of a relative’s Will, or consider that you should have received a larger amount under the Will, you may be able to make a claim to the Court.

Changes to consumer guarantees – is your business up to scratch?

From 1 July 2021, the Australian Consumer Law (ACL) will be expanded. The Australian Competition and Consumer Commission (ACCC) have stated they will take an aggressive stance to non-compliance from this date.

Accordingly, now is the time for your business to review its practices and procedures and consider whether any changes need to be made to comply with the ACL.