http://www.hjlaw.com.au/blog/ The latest Blog feeds from www.hjlaw.com.au en-us Sun, 08 Nov 2026 04:29:59 +1100 Rocketspark http://www.hjlaw.com.au/blog/post/13472/recording-a-conversation-during-separation-what-nsw-law-says/ If things are tense with your ex-partner, it's tempting to hit record. Maybe you want proof of what was said, or you're worried about your safety. Before you do, it helps to know where you stand legally, and how a recording might actually play out in your family law matter.The general ruleIn NSW, the Surveillance Devices Act 2007 makes it an offence to record a private conversation without the consent of everyone taking part, even if you're one of the people in it. This applies whether you're re... Mon, 02 Nov 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13472 http://www.hjlaw.com.au/blog/post/13473/digital-assets-and-your-will/ Your life isn't just physical anymoreTraditional Wills focus on property, money, and possessions. But so much of life now exists online, and it's easy to forget these things need thinking about too.What counts as a digital assetEmail accounts, social media, photos stored in the cloud, online banking, loyalty points, cryptocurrency, and subscriptions all count. Some hold financial value. Others hold sentimental value, like photos and messages your family may want access to.The access problemEven ... Mon, 02 Nov 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13473 http://www.hjlaw.com.au/blog/post/13474/what-happens-during-the-cooling-off-period/ If you have bought or are about to buy residential property in New South Wales, you would have heard of the cooling-off period. It is a short window after you sign the contract when you can still change your mind. But it is more limited than many people expect.How long it lastsIn New South Wales, the standard cooling-off period is 5 business days, starting the day the contract is signed. It can be shortened, extended, or waived in some situations, so it is worth checking what applies to your con... Mon, 02 Nov 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13474 http://www.hjlaw.com.au/blog/post/13469/when-should-you-update-your-will/ Life changes, and your Will should keep up with it. A Will written years ago might no longer reflect your relationships, your assets, or your wishes. Here are the moments worth pausing to check.A relationship changesMarriage, separation, or divorce can all affect a Will. In New South Wales, marriage can automatically revoke (cancel) an earlier Will in some cases, while separation without divorce might not. It's worth checking rather than assuming.You have children, or more of themA new child mea... Mon, 26 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13469 http://www.hjlaw.com.au/blog/post/13470/buying-your-first-home-what-conveyancing-involves/ A big step, with a lot of moving partsBuying your first home is exciting, but it also comes with a lot of paperwork you have probably never seen before. Conveyancing is the legal process of transferring a property from the seller to you, and it is worth understanding what it actually covers.Before you sign anythingA conveyancer or solicitor should review the contract before you sign, not after. This is when we check the property title, look for anything unusual in the contract, and flag anything... Mon, 26 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13470 http://www.hjlaw.com.au/blog/post/13471/family-law-update-the-fcfcoa-enforcement-list/ The Federal Circuit and Family Court of Australia (FCFCOA) has introduced a new National Enforcement List which commenced on the 21st of September 2026.What is the National Enforcement List?The National Enforcement List is established in the family law jurisdiction of the FCFCOA. It is designed to prove a more streamlined process for enforcement applications and enforcement requests. These applications will now be lodged for filing by email (enforcementlist@fcfcoa.gov.au). What is an enforc... Mon, 26 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13471 http://www.hjlaw.com.au/blog/post/13251/superannuation-and-property-settlement-after-separation/ Superannuation can be one of the most significant assets accumulated during a relationship. When a marriage or de facto relationship ends, superannuation generally needs to be considered as part of the overall property settlement.Australian family law allows superannuation to be divided between separating couples. The process involves identifying the relevant superannuation interests, obtaining information about them, valuing them and then deciding whether they should be divided by agreement or ... Mon, 19 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13251 http://www.hjlaw.com.au/blog/post/13382/who-can-be-a-surrogate/ Becoming a surrogate is a significant decision, and one that comes with legal requirements designed to protect everyone involved, the surrogate, her family, and the intended parents.Age requirementIn New South Wales, a surrogate generally needs to be at least 25 years old at the time the arrangement is entered into.Independent advice and counsellingBefore entering an arrangement, a surrogate needs to receive independent legal advice, separate from the intended parents' advice, and counselling. T... Mon, 19 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13382 http://www.hjlaw.com.au/blog/post/13381/what-is-probate-and-do-you-need-it/ 'Probate' comes up a lot after someone dies, but it's rarely explained clearly. In simple terms, probate is the court's official confirmation that a Will is valid, and that the named executor has the authority to act on it.Why it existsBanks, land title offices, and other institutions need proof that the person managing an estate (everything someone owned) is legally allowed to. Probate is that proof. It protects everyone, the executor, the beneficiaries, and the institutions involved.Do you alw... Mon, 19 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13381 http://www.hjlaw.com.au/blog/post/13377/blended-families-and-wills-getting-it-right/ If you've remarried, or you have children from an earlier relationship, a standard Will often doesn't reflect what you actually want. It's a common gap, and an easy one to fix once you know to look for it.The problem with assuming it'll "work itself out"A Will that simply leaves everything to a current spouse can unintentionally leave children from an earlier relationship with nothing, especially if the spouse later updates their own Will. This isn't usually anyone's intention. It's just what ha... Mon, 12 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13377