Blog

Guides

• Elder Abuse Reporting and Legal Options by State

  Where do you report elder financial abuse in NSW, Victoria or QLD? Find which body investigates, what it can compel and how money is recovered.

• Undue Influence in Wills and Lifetime Gifts

  Undue influence over a will requires proof of coercion, while lifetime gifts can rely on a presumption. See how bank records test each claim.

• Kickbacks and Secret Commissions: Tracing Payments

  Did a supplier pay someone to win the work? Learn how kickbacks and secret commissions are structured, what the law says, and how the payments are traced.

• Grey Divorce: Property, Super and Estate Issues

  When clients separate later in life, super, pensions and wills matter as much as the house. See the grey divorce issues and the records that prove them.

• Money Mule Accounts: Signs in Bank Records

  A money mule account takes in stolen funds and sends them on within hours. Learn the signs in bank records and the liability the account holder faces.

• Business Email Compromise: Tracing Stolen Funds

  What is business email compromise, and can the money be recovered? Learn how BEC fraud works in Australia and how stolen payments are traced.

• De Facto Property Settlement: Section 90SM Explained

  If your client never married, section 90SM still allows a de facto property claim. Learn the thresholds, time limit and how bank records prove it.

• Superannuation Splitting: Orders, Rules and Valuation

  Plan splitting superannuation in a divorce or de facto matter: the rules, valuing each interest, and an order example the fund trustee will accept.

• Presumption of Advancement: Gift or Loan?

  Was the money a gift or a loan? The presumption of advancement and the resulting trust decide who must prove what, and bank records often settle it.

• Granny Flat Agreements: Terms, Payments and Disputes

  Before you sign a granny flat agreement, check its written terms and template gaps. Learn how bank records prove payments if the arrangement breaks down.

• Freezing Orders: Stopping Assets Being Moved

  Use this guide to decide whether a freezing order in NSW or Victoria will protect assets for asset recovery, and what the undertaking costs.

• Interim Spousal Maintenance: Urgent Applications

  Get interim spousal maintenance in place when a client is left without funds: the urgent application, the evidence courts accept and how statements help.

• Insolvent Deceased Estates: Options and Duties

  If the debts exceed the assets, an insolvent deceased estate must follow a strict order of payment. See the executor’s options and personal risks.

• Unreasonable Director-Related Transactions (s588FDA)

  Test unreasonable director-related transactions against section 588FDA, including related party transactions, the recovery period and payment evidence.

• Illegal Phoenix Activity: Evidence and Recovery

  Illegal phoenix activity leaves the debts behind and moves the business on. See how a phoenix company is spotted and what the law does.

• Family Court Affidavits: Financial Exhibits

  How do you write an affidavit for family court that proves the financial story? See structure, exhibits, replies and the risk of false evidence.

• Can a Binding Financial Agreement Be Overturned?

  Test whether a binding financial agreement can be set aside: the grounds under s 90K, Thorne v Kennedy, and using bank records to prove non-disclosure.

• Executor Commission: What Executors Can Claim

  How much can an executor claim in commission or executor fees? Courts set it by the work done, and the estate accounts must support the claim.

• Notional Estate in NSW: Clawing Back Transfers

  If assets left the estate before death, NSW courts can designate them as notional estate. See which transfers qualify and how to prove them.

• Trade-Based Money Laundering: Signs and Tracing

  If invoices and shipments do not match the money, trade based money laundering may be at work. Learn the red flags and how payments are traced.

• Liquidator: Role, Investigations and Reports

  A liquidator winds up a company and investigates its affairs. Learn what a liquidator does, what directors provide and how reports inform creditors.

• Trust Account Audits and Fraud Investigations

  Prepare for a real estate trust account audit and learn when a shortfall points to fraud. See the NSW, Victorian and Queensland rules auditors test.

• Relation-Back Day and Voidable Transaction Periods

  Find the relation back day for a liquidation, then count each relation back period from it. Covers court and voluntary windups and section 588FE.

• Power of Attorney Reviews at VCAT, NCAT and QCAT

  Prepare a VCAT power of attorney application, or an NCAT or QCAT one, knowing which orders each tribunal can make and what accounts to demand.