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FAQ’s 2018-03-27T05:18:26+00:00

The easiest way to stay informed.

At Lewis & McNamara we believe whole heartedly believe in the power of education and its ability to allow people to make well considered and informed decisions. Here is the perfect place to find answers to those question that have been on your mind.

Wills & Estates

You are never too young to have a will.  Although you may not know it, your superannuation is likely to have a death benefit attached to it which would result in a large amount of money (sometimes between $50,000.00 and $150,000) being available to your family in the event of your death.  Without a will, it will be more difficult than it has to be for your family to access those funds.

You should regularly review your will every three years or in the event of a change in your circumstances.  Your will is automatically revoked in the event that you get married or divorced so you should review it if either of these occur.  A will is therefore only a three year plan.  It may still be appropriate and relevant after three years, but you should read it again to make sure.

We often see the unintended consequences of a poorly completed will kit.  From incomplete wills to wills that don’t effectively deal with all assets, there are numerous things that can go wrong with a will kit.  These errors can end up costing your family members thousands of dollars upon your death if your DIY will cannot be admitted for probate or the Court’s assistance is required to interpret the DIY will.  Wills need to be tailored to each individual and expert advice is needed to ensure that it covers all necessary issues.

Everyone’s will is different.  There are a myriad of issues that need to be considered when drafting a will – distribution of your assets, payment of your debts, the tax consequences of your estate plan, effectively dealing with assets held in trusts or companies, preservation of your property for your children, your wishes to be buried or cremated to name just a few.

Business & Commercial Solutions 

An unfair contract term pursuant to the Australian Customer Law is a term:-

  • Causes a significant imbalance in the parties rights and obligations under the contract;
  • Is not reasonably necessary to protect the legitimate interest of the party advantaged by the term;

Causes detriment (financial or otherwise) to a small business if it was to be applied or relied upon

The ACCC has identified a number of potential contract terms that could be seen as unfair. Some examples include;

  • The right of an advertiser to remove advertisements for any reason without prior notice.
  • Unilateral variation of a contract, including the variation of product offering or price.
  • Limitation of liability.
  • Automatic renewal – Many contracts contain terms where there is an automatic renewal of the contract if the customer does not provide notice that it wishes to terminate the by the end of Initial term.
  • Early termination – Allowing a provider of a service to terminate a customer’s service
  • In relation to franchise agreements, unilateral variation of operations manuals.
  • The right of a landlord to vary rules of shopping centres unilaterally.
  • Misleading statements that contracts contain ‘entire agreement between the parties’.
  • Liquidated damages clauses.
  • Restraint of trade clauses.

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