Legal Insights

Legal Insights & Articles

Practical, plain-English guides to the legal questions our clients ask most — written by the team at Tragear & Harris.

Family Law 11 Mar 2025

How Mediation Can Help Resolve Your Family Law Matter

Mediation offers a confidential, cooperative alternative to court — and often delivers better outcomes for everyone involved, especially…

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Wills & Estates 11 Mar 2025

Why It's a Bad Idea to Write Your Own Will

DIY will kits are cheap but can cost your family dearly. Even a small mistake in wording or witnessing can invalidate your wishes or cause…

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Conveyancing 11 Mar 2025

Do I Need a Conveyancer or a Lawyer to Buy a House?

Both can handle the basics — but the right choice depends on how complex your transaction is. Here's what to consider.

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Wills & Estates 3 Mar 2023

Testamentary Trusts

Testamentary trusts can be very effective estate planning tools to assist in providing for spouses, children and grandchildren — and are…

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Family Law 3 Mar 2023

Children's Care Arrangements Following Separation

Following a separation, parents do not have to go to court about the care arrangements for their children — here's how parenting plans and…

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Conveyancing 3 Mar 2023

Buying a Property at Auction: Things You Need to Know Before Auction Day

There is no cooling-off period at auction, so the work happens before the hammer falls: reviewing the contract, inspecting the property…

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Family Law 6 Feb 2023

Can you be separated and live under the same roof?

To divorce, you must have been separated for 12 months — but that can include time living under the same roof. How the Court assesses it…

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Wills & Estates 6 Feb 2023

Dying intestate – the perils of not making a Will

Without a valid Will, the law decides who administers your estate and who inherits. What happens when you die intestate, what can go…

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Commercial Law 6 Feb 2023

Options to renew in commercial leases – don't get caught out!

Miss the window to exercise an option and you can lose your premises. How option periods work, why courts read them strictly, and how to…

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Probate & Estates 5 Dec 2022

Challenging a deceased estate – have you missed out?

Victorian law lets certain people ask the Court for provision from a deceased estate when a Will (or intestacy) leaves them without proper…

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Commercial Law 5 Dec 2022

Managing commercial disputes – key steps and processes

Court is not the only way to settle a business dispute. Negotiation, mediation, conciliation, arbitration, expert determination, VCAT and…

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Family Law 5 Dec 2022

The perils of representing yourself in the Family Court

Up to 30 per cent of Family Court cases involve a party who represents themselves at some point. Weigh up the risks of going it alone…

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Family Law 7 Nov 2022

Saving your rights to see your grandchildren

Grandparents can ask the Court for orders to spend time with their grandchildren after a family breakdown. What rights exist, whether they…

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Conveyancing 7 Nov 2022

Self Managed Super Funds – Buying Property

Self-managed super funds can borrow to buy residential, commercial and industrial property. How SMSF borrowing structures work, what is…

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Commercial Law 7 Nov 2022

Why your company needs a Shareholder Agreement

The Grill'd dispute shows what happens when co-owners have no agreed rules. What a shareholder agreement is, why you need one, and what it…

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Wills & Estates 3 Oct 2022

Frequently Asked Questions on Estate Planning

Do you really need a Will? When should you update it, who should be your executor, and can a Will be challenged? Answers to the estate…

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Family Law 3 Oct 2022

Six Things to Know About Binding Financial Agreements

Binding financial agreements let couples decide how property will be divided if they separate. How BFAs work, when to make one, how…

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Commercial Law 3 Oct 2022

Commercial leases – things you should know

Rent, outgoings, options, make-good and assignment: the key terms of a commercial lease, and the extra protections for retail leases in…

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Commercial Law 25 Aug 2022

'Click here' – electronic execution of documents is here to stay

Since the COVID-19 pandemic, companies can validly sign documents electronically and in split form. Here is what the permanent changes to…

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Family Law 25 Aug 2022

Family Law Property Settlements – Is a 50/50 split the starting point?

There is no automatic 50/50 entitlement when a marriage or de facto relationship ends. The factors the Court actually weighs when dividing…

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Wills & Estates 25 Aug 2022

Making a Will if capacity is in question

Anyone over 18 can make a Will — provided they have capacity. Who decides on capacity, when the Will should be signed, and how to reduce…

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Commercial Law 12 Jul 2022

Director Identification Numbers – deadlines approaching

Every company director must hold a Director ID from the Australian Business Registry Services. What a director ID is, how to apply, and…

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Wills & Estates 12 Jul 2022

Making your Will count – healthy Will checklist

A Will is only as good as its last review. Our healthy Will checklist of life changes that mean it is time to update yours — including…

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Commercial Law 30 Sep 2021

Do you have a business partner? Then you need a Partnership Agreement!

A partnership agreement sets out each partner's duties, how decisions are made and how disputes are resolved — before the relationship…

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Family Law 30 Sep 2021

Fact or fiction – top 5 myths about family law property settlements

You do not need to be divorced to divide property, and a 50/50 split is not automatic. Five common myths about family law property…

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Wills & Estates 30 Sep 2021

What a Will Kit doesn't do

A will kit fills in blanks; a lawyer prepares an estate plan. How professional advice prevents gifts failing, protects assets, plans for…

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Articles are general information only, not legal advice. For advice on your own situation, book a free 30-minute consultation.

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