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Articles at HHG

Family Law Property Settlements and Trusts


In family law matters involving trusts, there is often a dispute about whether the trust assets are available for di..

Applying for Probate


What is Probate? A Grant of Probate is a certificate issued by the Supreme Court of Western Australia that attac..

March E-Check™ Checklist: What is the Difference Between a Migration Agent and an Immigration Law


As lawyers we are often asked what differentiates us from “agents” when both of us appear to do the same..

Settling without commencing proceedings in the Family Court


Separating couples do not necessarily have to go to Court in order to fairly divide their property. Whether the coup..

Family Court Orders and Third Parties


In general, the Family Court makes orders that bind the parties to the proceedings (being the parties to the marriag..

Grandparents - Do They Have Rights?


More and more frequently grandparents are seeking advice in relation to their rights regarding grandchildren. Over t..

Hiding Assets in Family Law Proceedings


When a relationship breaks down, so can the trust between the parties. One party may find themselves in a situation ..

HHG Giving Back ‘gives back’ – to those in need of pro bono legal advice


Over the last 20 years, there have been significant cuts to Legal Aid funding. In addition (according to the Law Cou..

To Leave or Not to Leave the Home


After separation, it often becomes difficult and strained for a couple to live under one roof. A dilemma may arise w..

The Benefits of Having Great Terms and Conditions for your Small Business


When starting a small business there is a lot to do, and it can be tricky to manage the competing priorities. Getti..

Contractors: Get what You're Paying for, Then Pay


The prohibition against “pay if paid” and “pay when paid” provisions in construction contrac..

Setting Aside a Binding Child Support Agreement


For a number of years, we have noticed an increasing number of parties entering into Binding Child Support Agreement..

How to Avoid Court after Separation


The majority of family law matters are settled outside of Court. There are a number of steps that couples can take t..

Time for Reform in the Building Industry


HHG Legal Group provides ongoing support to the construction industry in WA by working with industry and government ..

Ethical Obligations of Family Lawyers


All Australian lawyers have ethical duties and obligations. These ethical duties and obligations are created by law...

What can we learn from the Monkey’s “selfie” case?


A US federal judge has (unsurprisingly) found that a Celebes crested macaque monkey cannot be the copyright owner of..

Land Tax Exemptions


Land tax is an annual tax on land. It is assessed on the total unimproved value of all land held by the owner (or o..

9 Things You May not Know about Wills


Many people share their experiences and stories from their Wills and Estate matters with family and friends. This ca..

HHG Legal Group is the only Top 10 Australian law firm in WA. Again.


HHG Legal Group, WA’s premier medium sized law firm, is yet again a top 10 performer in the leading national &..



Enduring Powers of Attorney (EPAs), Enduring Powers of Guardianship (EPGs) and Advanced Health Directives (AHDs) all..

Reasons to register a commercial lease


It is important for the landlord and the tenant to register a commercial lease on the title of the property with Lan..

What on earth is Spousal Maintenance?


Spousal maintenance is when one person provides ongoing financial support for their former partner. In certain circ..

Do I need a Grant of Probate?


Probate is the process of proving the validity of a Will to the Supreme Court. The Executor named in the Will is res..

When is a relationship de facto? - the decision in Harbrow & Boston [2015] FCCA 1414


In the recent decision of Harbrow & Boston, the Federal Court found that the parties were not in a de facto rela..

High Rise, Higher Risk: Managing the risks (Part 2)


In our last article, we looked at some of the legal and commercial risks for builders, which arise out of high rise ..

High Rise: Higher Risk for Builders (Part 1)


News about higher-density living in WA tends to focus on changes to consumers’ expectations and investment opp..

The Binding Nature of Australian Real Estate Contracts – You Like It, You Signed It, You Are Bound


Many foreign purchasers of land in Australia are surprised by the unforgiving nature of Australian real estate contracts..

My ex will not comply with parenting orders - what are my options?


Parenting Orders A parenting order is defined in section 64B of the Family Law Act 1975 (“the Act”) ..

Post Separation Financial Contributions: why quick settlements can be vital


When parties separate, it is not unusual for settlement discussions to take months and years to resolve. When a mat..

Contractors and the Personal Property Securities Act 2009


We have found that many construction contractors are surprised to learn that registering Personal Property Security Inte..

Are Australia’s Privacy Laws Ready for Drones?


There are growing concerns in the community about privacy breaches involving remotely piloted aircrafts (“RPA&..

Testamentary Promises and Family Farms


Family farms are subject to a distinct rural ideology in which farming is considered a male vocation. The cultural valu..

What is the difference between property and financial resources in family law and why does it matter


When it comes to property settlement, section 79 of the Family Law Act 1975 (“the Act”) requires the Court h..

PPSA changes: a mixed blessing for P&E hire companies


Plant and equipment hire companies have been celebrating amendments to the Personal Property Securities Act 2009. T..

What is a terms contract?


If you agree to sell your property to someone and then let them move into the property before they have paid the whole o..

What is the difference between “equal time” and “substantial and significant time” with my children?


Where there a disputes over custody of children, the Family Court will often be called upon to decide how much time ..

Behaving Badly At Work Functions


Social occasions for work colleagues are supposed to be relaxed and build morale. Even though attendance at functio..

Farms and Family Law


Family farms present a difficulty in family law property settlements. Often, farmers are asset rich, but cash ..

Rate Exemptions May be Broader than You Think


Under section 6.26(1) of the Local Government Act 1995 (WA) (“the Act”), rates must be paid on all land ..

Award winning WA Law Firm, nominated for yet another accolade


HHG Legal Group has been announced as a finalist in the Lawyers Weekly Australian Law Awards. The 15th Annual Lawyer..

Razor Gang Diplomacy – Redundancy Tips For Employers


Cutting down the size of your workforce is not usually a happy time - but it can be painless. ..

PPSA Reform: Good News for Hire Companies


From a date yet to be fixed (which could be as early as 1 October 2015), those in the business of short-term vehicle..

Employee Theft in the Workplace


hile the vast majority of employees do the right thing, employee theft affects business-owners everyday. Suspicious..

Are Australia’s Privacy Laws Ready for Drones?


There are growing concerns in the community about privacy breaches involving remotely piloted aircrafts (“RPA&..

Does Equal Shared Parental Responsibility Mean Equal Time?


The concept of equal shared parental responsibility is a cornerstone of Family Law child related matters but what do..

What is a Child Support Agreement?


As most separated or divorced parents would know, child support is managed through the Child Support Agency of the Depar..

Failure to Maintain Worker’s Compensation Insurance


There has been a marked increase in WA in the number of criminal prosecutions of employers without worker’s compen..

High Conflict Separation – the very pointy end of family law


What is “high conflict” separation? While it might seem obvious to some, “high conflic..

Multi-award winning WA law firm, HHG Legal Group, acquires Nicholson Clement (est. 1963) and expands


Announced recently as a finalist in the 2015 Australasian Law Awards for State and Regional Law Firm of the year, HH..

My ex will not comply with parenting orders – what are my options?


Parenting Orders A parenting order is defined in section 64B of the Family Law Act 1975 (“the Act&..

I want Equal Time with my Children – What will the Court say?


It is only natural in most Family Law child related matters that each parent would want to spend as much time with t..

False Sense of Security


Bouncers and security guards often look and behave like police but their ability to make arrests or use force is act..

Guarantees are not so Guaranteed under Deeds of Company Arrangement


In the recent WA Court of Appeal decision of Australian Gypsum Industries Pty Ltd v Dalesun Holdings Pty Ltd [2015] ..

Sexual Abuse Allegations in Family Law


Unfortunately allegations of sexual abuse are common in Family Law proceedings. In our experience sexual abuse alleg..

Final Parenting Orders That Aren't Working – Can I Vary Them?


What happens if Final Parenting Orders made by the Family Court are not working for you, the other parent of your ch..

How Do You Pursue a Debt?


There are many ways to pursue a debt from someone, when you've chased and they won’t pay. Most commonly this i..

Turning 18 During High School


This year is the first year in Western Australia when around half of our Year 12 school students will become adults ..

Relocation - What Do The Cases Say About Me Moving?


Cases involving the proposed relocation of a child are difficult cases for the Court to decide. The Family Law Act ..

Immunisation and Family Law


Immunisation in Australia Vaccine preventable diseases in children include: • H..

Initial Contributions: the assets you own at the commencement of a relationship can be critical


In Family Law financial settlements it is never as easy as slicing the assets of a relationship down the middle. s 79..

Defamation and Online Reviews


Online review websites such as TripAdvisor and Urbanspoon often decided for us where the best place to eat is or whe..

Happy Endings in Employment


Employees and employers are bound together in a unique relationship and breaking up is often hard to do. There are amic..

What to Include in a Shareholders' Agreement?


A standard company constitution will not always protect shareholders in the event of a dispute between members. This is ..

Lottery Wins after Separation – How are they dealt with in Family Law?


Given the extremely remote chance of having a large lottery win surely a party would never need to worry about what trea..

“Seller Beware” as Important as “Buyer Beware” When Selling ‘Off the Plans'


Before signing a contract to buy real estate, buyers must make inquiries about what they are buying. Otherwise, they may..

0-4 year olds and Overnight Stays – what does the law say?


There is a lot of debate around and research into when overnight stays for 0-4 year’s olds should commence, or at ..

Breaching Parenting Orders – What are the Penalties?


There can often be a perception by parties to Family Law child related matters that the battle has been won once the Cou..

Charlie Hebdo and Religious Vilification Laws


While the Western world has generally championed the virtue of freedom of speech in the aftermath of the Charlie Hebdo s..

Personal and Business Data Protection - How Do I Do It?


On the 19 January 2015 the Office of the Australian Information Commissioner (OAIC) released a ‘guide to securing ..

Help! My spouse has become bankrupt. How does this affect my entitlements as the non-bankrupt spouse


The Court generally requires that the debts incurred by either or both of the parties should be paid from the proper..

WA Supreme Court Ensures Liquidators Of Insolvent Construction Contractors Give as Good as they Get


In construction contracts, payment rights often conflict and compete with each other for priority. Never is this truer ..

Inheritances In Family Law, What You Need To Know


Each family law property matter broadly involves a four step process: The first step is to identify t..

Would Charlie Hebdo be Illegal in Australia?


According to Human Rights Commissioner Tim Wilson, many of the Charlie Hebdo cartoons would be banned in Australia d..

Slab Heave Causes Tribunal to Order Total Demolition and Reconstruction by Home Builder


Home builders around the country are at risk of having to pay hundreds of thousands for houses to get knocked down a..

When two People Seperate, Which Partner Gets to Stay in the Family Home Until Final Orders are Made?


The question seems simple, the answer is more complex. Even where one partner is the registered owner of the family ..

Valuations in Family Law – The Basics


When parties separate and enter into negotiations or commence proceedings in Family Court for a property settlement,..

Family Law and Interest in Business


It is well recognised that a marital or relationship breakup can have a major impact on a business. Below are s..

When the Boss Goes Broke: How to Ensure the Contractor Gets Paid for Work Done in Construction Insol


Insolvency is a game-changer in any industry. It presents a particular risk in the construction industry for two rea..

Building Contractors, Local Governments and Homeowners be Aware of New Legal Rights and Responsibili


WA is expected to see significant changes to its planning laws as a result of the Planning and Development (Local Pl..

Private Buildings Surveyors and Permit Authorities: Roles, Risks and Responsibilities


Since 7 June 2012, a new statutory regime has governed the process of certifying building designs and structures by ..

Court Ordered Boundaries in Shifting Relationships


Psychologists regularly remind us of the importance of setting boundaries. Sometimes when people cannot between them..

How quickly can I get divorced and remarried?


Getting a divorce The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This ..

When can a court grant an injunction in a family law matter?


An injunction is a kind of order made by a court that requires a person to do, or refrain from doing, a particular a..

Builders and Owners: Beware of Delay Claims


We all know how expensive building works can become. In some industries, it is not unheard of for projects to be pri..

Security of what payment? Patrick Stevedore Operations No. 2 Pty Ltd v McConnell Dowell Constructors


Claims under construction and works contracts require specialist legal expertise and advice. The team at HHG has uni..

Builders and Owners: Beware of Delay Claims


We all know how expensive building works can become. In some industries, it is not unheard of for projects to be pri..

What to Look for When Choosing a Family Lawyer


Your divorce or separation is bound to have a significant impact on all aspects of your life. This period in your li..

Are You Thinking of Setting up a Trust?


A trust is a structure of ownership that separates legal ownership from beneficial interest. The trustee legally own..

WA to introduce new Work Health and Safety Bill - How will the Changes Effect You


The anticipated introduction of the Work Health and Safety Bill (WHS Bill) will see company directors and board memb..

Same Sex Marraige in Australia


There have been numerous efforts in the recent past to have gay marriage legally recognised in Australia. All such a..

Post-nuptial Binding Financial Agreements


A post-nuptial agreement, known in Australia as a ‘Binding Financial Agreement’ (BFA), is the post-weddi..

The Secret Simplicity of a Personal Property Security Register (PPSR)


Registration on the Personal Property Security Register (PPSR) is an essential step in protecting your property from..

Restraint of Trade Clauses in Employment Contracts


Many employment contracts include a restraint of trade or anti-competition clause in an attempt to protect an employ..

Fitness to Work is a Safety Issue


Ensuring safety in the workplace includes ensuring that all employees are well enough to safely perform their duties..

Legal Capacity - What it Means for You


What does “legal capacity” mean? Legal capacity is defined as a person’s capacity to make reas..

Think you'll only need legal aid when you've been served with a lawsuit or charged with a crime? Thi


Simon Creek, HHG Legal Group's Managing Director talks about the unique legal issues facing FIFO and remote workers ..

Legal Service for FIFO and Remote Workers


Being able to access legal information from remote locations is helping to simplify legal matters for remote and FIF..

Drug Testing – Zero Tolerance and Safety


Recent decisions in the Fair Work Commission (FWC) confirm that employers’ requirements to submit to drug test..

Recovery and Relocation of A Child


A recovery order is defined in section 67Q of the Family Law Act 1975. It is an order of the Court that can require ..

Property Divisions in Short Marriages - What Principles Apply?


If you have separated but were married for five years or less, the court will closely examine the parties’ fin..

“Show me the money” – What every contractor should check before signing the dotted line.


Construction project cost blowouts are nothing of a recent phenomenon, especially given the construction boom Perth ..

Inheritance claims in Western Australia


Inheritance claims in Western Australia fall under the Family Provision Act 1972 (WA). This Acts assists people who fall..

Children’s Passports – the law


As per Australian law, everyone including children and newborn infants must be issued with their own passports. Obta..

The End of “Special Contributions” in Family Law


Up until recently, it has been possible to argue in family law property matters that one party has made contribution..

Property division in short marriages – what principles apply?


If you have separated but were married for five years or less, the court will closely examine the parties’ fin..

No Bull Approach to Protecting Your Property.


What are the legal consequences if cattle escape and trespass on to another’s land? Or worse yet, if somebody ..

Is Alternate Dispute Resolution right for you?


What is Alternate Dispute Resolution? Alternative Dispute Resolutions (ADR) is an umbrella term for issue resolv..

Second round of changes to the Retirement Villages Act 1992 (WA)


The Department of Commerce is currently in the process of drafting new regulations under section 14A of the Retireme..

Inheritance Claims in Western Australia


“Inheritance claims" (as they are commonly known) may be made pursuant to the Family Provision Act 1972 (WA) i..

Child Abduction and Family Law


International parental child abduction occurs when one parent or guardian takes their child from its home country wi..

Constrained by the Contract


The Proper Limits of Adjudicators’ Discretion under the Construction Contracts Act 2004 Across Australia,..

Recovery and Relocation


A recovery order is defined in section 67Q of the Family Law Act 1975. It is an order of the Court that can require ..

Understand and Comply with Dispute Resolution Clauses in Contracts


The recent Supreme Court of WA case of Pipeline Services WA Pty Ltd v ATCO Gas Australia Pty Ltd [2014] WASC illustr..

Legal Capacity


What does “legal capacity” mean? Legal capacity is defined as a person’s capacity to make rea..

What is an Enduring Power of Attorney?


What is an Enduring Power of Attorney? Enduring Powers of Attorney enable a person over the age of 18 years (th..

Prove It


Why the Right Evidence, In the Right Way, At the Right Time is Essential for Success In Litigation A golden..

New Year, ‘New You’?


The beginning of the New Year is a time for reflection and setting resolutions for a ‘New You’. Whether ..

Checklist: The 2014 ‘bullying’ jurisdiction of the Fair Work Commission


On 1 January 2014, amendments to the Fair Work Act 2009 will come into effect. Among the amendments is a new jurisdi..

Checklist: Six Things all Businesses and Employers Should Know About Redundancy


Six Things that all Businesses and Employees Should Know About Redundancy Tim Colcutt, Solicitor, HHG Legal Grou..

Redundancy is an unhappy part of any unsuccessful business


Redundancy is an Unhappy Part of any Successful Business. Murray Thornhill, Director & Notary Public Gre..

Instructing an Expert Witness


STEP-BY-STEP GUIDE TO INSTRUCTING AN EXPERT WITNESS Daniel Morris, Associate, Commercial Litigation HHG Lega..

Messy Mergers: Local Government Amalgamations in 2015



HHG Legal Checklist - August 2013: Property off the plans or in a package


Buying Property Off the Plans or in a Package: Important points to watch out for Daniel Morris, Associate, HHG ..

The Personal Property Securities Act: What every construction contractor should know



Construction Law - When your builder can't complete your home


Getting Paid When Your Builder Dies, Disappears or Goes Bankrupt When Building Your Home Daniel Morris, Associat..

Checklist: Going Guarantor?


Going Guarantor? Six questions to ask before you sign to be a guarantor It is now a common requirement of lender..

Personal Tax Planning: Important Points To Consider


Personal tax planning: Important points to consider It is important to make sure you know what your responsibili..

Did You Know


Did you know.... As a top-ranked*, full service law firm, we have teams of specialists in the following areas o..

Checklist: Ten Things You May Not Know About Family Law


10 Things You May Not Know About Family Law After separating, couples need to wait a minimum of 12 months before..

Basic Self Managed Superannuation Funds


HHG Legal Eagles - MBA Newsletter October-November 2012 You wouldn’t let someone else decide who gets your..

Charitable foundations - what are they?


Albany Advertiser: Legal Eagles Column January 2013 We hope you enjoyed your Christmas break with your loved one..

Dividing assets after a split ? how to get it right the first time


Albany Advertiser: Legal Eagles Column October 2012 With the high rate of separation in marriages and de facto r..

Think Before You Type


Albany Advertiser: Legal Eagles Column September 2012 Think before you speak type From reading a recent arti..

Where there's an ageing will there's a minefield in the way


Albany Advertiser: Legal Eagles Column December 2012 Did you know that if you marry or divorce this can make you..

Checklist: Triggers for Enduring Powers of Attorney


Triggers for Enduring Powers of Attorney Accidents, certain illnesses and disabilities can occur at any time and..

Tips and Tricks in Choosing a Wine


CHRISTMAS CHECKLIST Want to know how to choose the best wine for any occasion? Download our tips and tricks. Down..

Checklist: Six Tips You Should Know When Buying A Property


Six Tips You Should Know When Buying a Property When you are buying a property it is important to remember that ..

Checklist: Minimising the Impact of Tenants in Default


Checklist: Minimising the Impact of Tenants in Default What steps can a landlord take to protect itself from a ..

Role of Executor


Wills & Estate Planning - Duties of an Executor Before you act as an Executor or Administrator it is importa..

Checklist: Construction, Engineering & Civil Works Disputes


DISPUTE RESOLUTION & LITIGATION Checklist – Construction, Engineering & Civil Works Disputes ..

How to Avoid Court in a Relationship Breakdown



Trusts & Divorce: How to Lose the Family Farm


When a marriage or de-facto relationship breaks down, we are often asked to investigate family businesses such as f..

Directors' Responsibilities - Be Aware Of What You Can and Can Not Delegate


Important guidelines for Directors were handed down in a Federal Court of Australia judgment on 27 June 2011. Th..

Why Store Your Will With a Lawyer?


In a recent Supreme Court case, an elderly childless bachelor, executed a Will in 1996. He kept his original Will at..

Choosing a Settlement Agent


It is wise to engage a Settlement Agent to carry out the settlement of your property as it is a complex and time con..

Tax & Superannuation Checklist


The Small Business CGT Concessions are some of the best concessions available in the Income Tax Assessment Act (1997..

How to Deal With a Union Visit - a Quick Guide For Management


HHG Legal Group’s Employment and Workplace Relations team assist with managing and mediating relationships and..

Construction Payment Disputes: Act Quickly


When contractors come to HHG Legal Group already involved in a drawn out payment dispute, it is usually the case tha..

Contaminated Sites Legislation


The Contaminated Sites Act 2003 ( (..

Dispute Resolution Checklist - Ways to Decrease the Risk of Disputes


We have all heard the sentiment “everyone is a genius in hindsight”, and in no field of endeavour is thi..

Do You Have A Business Name?


If you carry on a business, you probably need a registered business name. Although a person (including a company) ma..

Family Court Impact on Third Parties


The Family Law Act gives explicit power to the Court to alter the rights of third parties as part of matrimonial pro..

I Have Left My Partner, But I Suspect He/She is Hiding Assets. What Can I Do?


When partners separate and move to finalise the division of their finances, the fact that one party played a greater..

Who Gets Your Superannuation When You're Gone?


The case of Edwards v Post Super Pty Ltd [2006] FCA 1380 is an important reminder for any person with Superannuation..

Buying a Business - Non-Compete Restraint Clauses & Misleading Conduct


Goodwill plays a major part in the purchase of any business. When the purchaser of a business pays for goodwill he/s..

Buying a Business - Restraint Clauses & Goodwill


When you buy a business and pay for its goodwill, you will likely seek to protect that goodwill from future competit..

Can Your Will Be Challenged?


The last thing a person making a Will wants is for their hard earned assets to end up in the hands of the wrong pers..

Choosing Your Executor


Most people don’t like to think about dying, or what will happen to their body when they die. They prefer to l..

Married For Less Than 2 Years and Already In Trouble? Counselling or Divorce?


Sadly, it is increasingly common for couples who have been together for many years in a de facto relationship to sep..

Ownership Of Assets, Including Ownership Of Real Estate


We are regularly asked how our clients ought to acquire various assets, and particularly real estate. The first ques..

Privacy and Your Business


In Australia, a Commonwealth privacy regime regulates the collection, use and disclosure of personal information. Th..

Seek Advice Before Entering Residential Care Agreements


The number of elderly people in Australia is growing and so too are their care requirements. As a result, many older..

Separation: Settling Without Going to Court


When you have relationship problems, the difficult decision of whether to leave is often compounded by not knowing w..

Setting Aside a Statutory Demand - Not One Day Late


One effective way to demand a debt owed by a company is to issue a statutory demand. If the company fails to pro..

Special Disability Trusts


A Special Disability Trust is a Trust specifically designed to provide for the long term care of a person with a sev..

Special Rules For Lawyers


Download pdf (/pdf/42_Special rules for lawyers.pdf)..

Testamentary Trusts & Tax


A Testamentary Trust is a trust contained in a Will. Major advantages of Testamentary Trusts include taxation be..

To Leave Or Not To Leave the Home


When couples separate, the Family Lawyers at HHG Legal Group are often asked whether leaving the family home will af..

What Is Probate?


Dealing with the death of a friend or family-member is often a difficult period, as feelings of grief and loss combi..

Who Are You Going To Call?


Download pdf (/pdf/50_Who are you going to call.pdf)..

Willmaking - For the Mentally Disabled or Infirm


Traditionally, there were many people who could not make Wills because of a mental disability or infirmity. Changes ..

Leases - Impact of a Mortgage


Leases of commercial premises are an essential element of business. A lease provides certainty for both landlords a..

Commercial Leasing - Mortgagee Consent


Leases of commercial premises are an essential element of business. A lease provides certainty for both landlords an..

Wills - Marriage & Divorce


It is important to know that marriage and divorce can affect the validity of a Will where the marriage or divorce oc..



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Greg Gaunt joins HHG Legal Group in inaugural Executive Chairman role.


HHG Legal Group has just this week taken the next big step in its progress as a major player within the WA Legal Ind..

Simon Creek receives The Law Society 2017 Lawyer of the Year Award


At the highlight of WA Law Week, Law Society Awards Night on Thursday 18th 2017, Simon Creek, HHG Legal Group Managi..



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