Increases Needed for Families, says ACTU in Minimum Wage Bid 29/1/2004

ACT Child Protection Review 28/1/2004

Rising Numbers of Child Protection Cases 23/1/2004

WA Quick to React to Domestic Violence 21/1/2004

Western Australian Crackdown on Domestic Violence Committed in Front of Children 19/1/2004

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Changes to Law of Powers of Attorney
By Kin Cho of TurksLegal
The Powers of Attorney Act 2003 ("the new Act" ) was assented to on 23 October 2003 and is due to come into effect on 16 February 2004. Noteworthy changes have been made, in particular to the form of a power of attorney, gifts and taking of benefits by attorneys and enduring powers of attorney. This article will focus on these changes.

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Below is a selection of cases for the last week. Click here for more cases .

Douglas v Train, [2003] QSC 437 RTF
SUCCESSION FAMILY PROVISION AND MAINTENANCE FAILURE BY TESTATOR TO MAKE SUFFICIENT PROVISION FOR APPLICANT PROCEDURE, ORDERS AND OTHER MATTERS OTHER PROCEDURAL MATTERS where applicant son of testator where testators widow entitled to whole of real and personal estate under testators will where applicant claimed no adequate provision made for him under the will where estate consisted of numerous parcels of property and companies where numerous orders made since August 2002 where procedure put in place by Court order for the selection by applicant of one of three valuers nominated by first respondents to value real estate by a specified time where valuations not provided in specified time where valuations of all but one property provided by time present application heard whether series of orders should be made to facilitate valuation of estate by litigation support accountant whether accountant of applicant make a valuation of the estateSUCCESSION EXECUTORS AND ADMINISTRATORS TITLE AND ESTATE OF REMOVAL AND DISCHARGE whether executors should be removed and replacedPROCEDURE CONTEMPT, ATTACHMENT AND SEQUESTRATION CONTEMPT - WHAT CONSTITUTES DISOBEDIENCE OF ORDERS OF COURT OTHER CASES whether first respondents should be cited for contempt of courtSUCCESSION FAMILY PROVISION AND MAINTENANCE FAILURE BY TESTATOR TO MAKE SUFFICIENT PROVISION FOR APPLICANT PROCEDURE, ORDERS AND OTHER MATTERS ORDERS where first respondents required to file an affidavit deposing to estates assets and liabilities where information regarding assets and liabilities of estate provided from various sources where beneficiary provided statement of her assets and liabilities whether first respondents should file an affidavit listing the estates assets and liabilities, and estimates of value, and any information they have about the assets and liabilities and sources of income of beneficiaries with competing claims whether second respondent should file an affidavit listing her assets, liabilities and sources of income whether director or principal executor officer of trustee of family trust should file an affidavit setting out assets, liabilities and sources of income of family trustSUCCESSION FAMILY PROVISION AND MAINTENANCE FAILURE BY TESTATOR TO MAKE SUFFICIENT PROVISION FOR APPLICANT PROCEDURE, ORDERS AND OTHER MATTERS ORDERS where certain properties sold by executors and one property transferred to second respondent prior to applicants claim being made where affidavit material revealed no intention to further dispose of any properties where undertaking by respondents put as alternative order whether first respondents should be restrained from further distributing the assets of the estate whether order should be made restraining second respondent from disposing of, encumbering or otherwise dealing with estate assets which have been distributed to her whether undertaking by respondents sufficient SUCCESSION FAMILY PROVISION AND MAINTENANCE FAILURE BY TESTATOR TO MAKE SUFFICIENT PROVISION FOR APPLICANT PROCEDURE, ORDERS AND OTHER MATTERS ORDERS where first respondents required to submit to applicant a panel of three accountants to value companies in Papua New Guinea where applicant to nominate accountant and first respondents to appoint accountant to carry out valuations where first respondents to provide copies of valuations within 5 days of receipt where accountant appointed where valuations not yet completed whether time for compliance with order should be extended PROCEDURE COSTS DEPARTING FROM THE GENERAL RULE OTHER CASES FAILURE IN PART OF CASE where application originally also alleged respondents in contempt of court where issue not pursued where only some of relief sought in application obtained whether applicant entitled to costs of and incidental to the application from the estate

Edstein v Secretary, Department of Family and Community Services, [2004] AATA 68 RTF
CATCHWORDSSOCIAL SECURITY benefits and entitlements aged pension assessment of rate of pension income from family trust applicant is an attributable stakeholder under Part 3.18 of the Social Security Act 1991 amount of income to be attributed from trustSocial Security Act 1991 Part 3.18

Secretary, Department of Family and Community Services v Ibrahim, [2004] AATA 12 RTF
CATCHWORDSSOCIAL SECURITY - family tax benefit actual income greater than estimated income - overpayment - debt to Commonwealth waiver decision set asideA New Tax System (Family Assistance) Act 1999 ss. 3(1)58, Schedules 13A New Tax System (Family Assistance (Administration)) Act 1999 ss. 95, 97, 101

Care for School Students in Cyberspace (Sydney, 7-8 May)

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