What is Chose in Action? A chose in action refers to a personal right to recover property or enforce a claim against another party. Unlike physical assets, a chose in action represents an intangible legal right, enforceable through court action. Common examples include debts, intellectual property rights, and shares, where the holder possesses a legal […]
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What is an Enforcement Order? An enforcement order is a legal directive issued by a court to compel an individual or organisation to comply with a previously determined court order. Enforcement orders are typically issued when one party fails to meet the obligations or terms outlined in a judgment or court ruling. These orders are
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Family Trusts and Divorce: Understanding How Divorce Impacts Family Trusts Divorce can significantly impact family trusts, particularly in terms of asset division and property settlements. In Australia, family trusts are a popular way for families to manage and protect their assets, often for tax benefits or to secure wealth for future generations. However, during divorce
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Understanding Financial Resources Family Law Financial resources family law refers to any source of financial support or potential financial gain that an individual may have access to, even if it’s not legally owned property. This can encompass a wide range of assets and resources, including future inheritances, business benefits, or even the financial contributions of
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Is Loan an Asset? Whether a loan is considered an asset depends on the financial context and who holds the loan. A loan is indeed an asset for the lender because it represents funds expected to be repaid with interest over time, thereby generating income. For the borrower, however, a loan is classified as a
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How to Prove False Allegations in Family Court Proving false allegations in family court requires a strategic approach focused on gathering evidence, maintaining accurate records, and relying on credible witnesses. False claims can complicate family court proceedings, but individuals can demonstrate the inaccuracies with the right preparation and protect their interests. By thoroughly documenting events,
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Tender Bundle in Family Court A tender bundle in family court proceedings is a carefully compiled set of documents that a party intends to present as evidence in support of their case. This bundle ensures that all relevant materials are organised and available for easy reference during hearings. Preparing a well-structured tender bundle helps streamline
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Family Court Appeal Success Rate The success rate of appeals in the family court is generally low, reflecting the complexity and strict criteria associated with overturning original court decisions. Family court appeals involve a higher standard of proof, as appellants must demonstrate that a legal error significantly impacted the original judgment. While success rates can
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Understanding Add Backs Family Law Add backs family law refer to adjustments made to the pool of assets when one party has used joint funds or assets in a way that may be deemed unfair to the other party, particularly in the period leading up to separation. This concept is commonly applied during property settlements
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What is Legal Capacity? Legal capacity refers to a person’s ability to make legally recognised decisions and understand the consequences of those decisions. It requires the individual to comprehend the nature and effect of their choices, including agreements, contracts, medical treatments, or financial matters. In Australian law, legal capacity ensures that a person understands the
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