Parke Lawyers
A curated legal knowledge centre from the lawyers at Parke Lawyers — authored, reviewed and maintained in plain English. Browse by practice area or search the full library.
Pinned reading
National cornerstone guide to parenting orders under Part VII of the Family Law Act 1975 (Cth), updated for the 6 May 2024 reforms — best interests, safety, parental responsibility, family dispute resolution, evidence, court process, interim and urgent orders, relocation, recovery, contravention and variation.
A practical guide to making a valid Will in Victoria, including capacity, executors, beneficiaries, signing, witnessing, storage and later updates.
What probate is, when it's required, and the practical steps executors must take to obtain a grant of probate in the Supreme Court of Victoria.
A practical legal guide for purchasers considering commercial property in Victoria — contract review, due diligence, leases, GST, planning, settlement and the legal issues to address before signing.
Why business owners need an estate plan, how different structures pass on, and the agreements and insurances that keep a business running after death.
A practical guide to enduring powers of attorney and medical treatment decision makers under Victorian law — and what happens if you don't have one.
By practice area
Divorce, property, parenting and intervention orders.
Wills, testamentary trusts and planning for the future.
Grants of probate, executor duties and estate administration.
Contested wills, family provision (TFM) claims and estate disputes.
Enduring powers of attorney, medical decision-making and elder-law protections.
Retirement village contracts, aged care agreements, exits and disputes.
Binding death benefit nominations, SMSF succession and trustee control.
Contracts, structures, sales, acquisitions and business succession.
Buying, selling and leasing property in Victoria.
Workplace policies, performance, terminations and disputes for employers.
Court proceedings, mediation and dispute resolution.
Criminal, drink-driving and traffic matters in Victorian courts.
Recent additions
A Notice of Decision refusing access to funded aged care services, setting a classification level or assigning a priority category can be challenged. This guide explains which decisions are reviewable under the Aged Care Act 2024 (Cth), how to request reconsideration within 28 days, what the internal decision reviewer must do within 90 days, the deemed-affirmation rule, and how and when to apply to the Administrative Review Tribunal.
A reverse mortgage lets an older homeowner borrow against home equity while ordinarily keeping ownership, with repayment postponed until a contractual trigger. This Victorian guide explains the consumer-credit protections that apply, what the credit contract and mortgage actually control, how capacity and enduring powers of attorney affect the transaction, what happens to a spouse or co-resident, and how the debt is dealt with on a move into aged care or on death.
An executor who cannot locate or identify a beneficiary cannot simply distribute the estate as though that person did not exist. This Victorian guide explains the reasonable searches expected of an executor, how to document them, the limits of the presumption of death, when a Benjamin order or other Supreme Court directions are needed, and how retention, insurance, payment into court and unclaimed-money procedures actually differ.
How the PPSR works — security interests in substance, attachment and perfection, PPS leases, PMSI timing, insolvency vesting and the registration errors that matter.
A practical Victorian guide to the diversion program — what diversion is, who is eligible, the role of police and prosecution consent, typical conditions, and the effect on your criminal record.
A Victorian advance care directive can contain an instructional directive, a values directive, or both. This guide explains the legal difference under the Medical Treatment Planning and Decisions Act 2016 (Vic), the formal signing and witnessing requirements, when each type of statement operates, what health practitioners and medical treatment decision makers must do with it, and the limits and exclusions that apply.
