Parke Lawyers

Parke Lawyers

Information Centre.

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

Featured guides.

Family LawFeatured guide

Parenting Orders in Australia: A Complete Guide for Separating Parents

National cornerstone guide to parenting orders under Part VII of the Family Law Act 1975 (Cth), reviewed against the current compilation — best interests, safety, parental responsibility, family dispute resolution, evidence, court process, interim and urgent orders, relocation, recovery, overseas travel, costs, contravention and variation.

Estimated reading time: 50 min readReviewed by JULIAN McINTYRE, Associate
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ConveyancingFeatured guide

Buying Commercial Property in Victoria

A purchaser's roadmap to buying commercial property in Victoria — entity and contract decisions, Section 32 review, title, planning, building, contamination and lease due diligence, GST and going concern, duty and CIPT, land tax and windfall gains tax, foreign investment and withholding, finance and settlement.

Estimated reading time: 31 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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By practice area

Browse by practice area.

Family Law

49

Divorce, property, parenting and intervention orders.

Wills & Estate Planning

40

Wills, testamentary trusts and planning for the future.

Probate & Estate Administration

51

Grants of probate, executor duties and estate administration.

Estate Litigation & TFM Claims

27

Contested wills, family provision (TFM) claims and estate disputes.

Powers of Attorney & Elder Law

16

Enduring powers of attorney, medical decision-making and elder-law protections.

Retirement Living & Aged Care Advice

17

Retirement village contracts, aged care agreements, exits and disputes.

Superannuation & SMSF Succession

7

Binding death benefit nominations, SMSF succession and trustee control.

Commercial & Business Law

69

Contracts, structures, sales, acquisitions and business succession.

Conveyancing & Property

35

Buying, selling and leasing property in Victoria.

Employment Law for Employers

16

Workplace policies, performance, terminations and disputes for employers.

Litigation & Dispute Resolution

41

Court proceedings, mediation and dispute resolution.

Criminal & Traffic

10

Criminal, drink-driving and traffic matters in Victorian courts.

Recent additions

Latest articles.

Commercial

What Happens to a Family Trust When the Appointor Dies?

A practical Australian guide for business owners, family groups, trustees, appointors, executors and advisers on what happens to a family trust when the appointor dies — the appointor role, succession clauses in trust deeds, the executor's involvement, control of family businesses after death, asset protection, taxation considerations and common mistakes.

Estimated reading time: 25 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

Can an Executor Distribute an Estate Before Tax Is Finalised?

A practical Australian guide for executors, beneficiaries, accountants and advisers on whether an executor can distribute a deceased estate before tax is finalised — the difference between authority and readiness, the deceased's final return, estate income tax returns, CGT, super death benefit issues, ATO assessments, interim and final distributions, beneficiary indemnities, retention amounts, executor personal liability, over-distribution risks and how to manage beneficiary pressure.

Estimated reading time: 28 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

Who Pays Tax on Estate Income in Australia?

A practical Australian guide for executors, beneficiaries, accountants and family members on who pays tax on estate income during administration — the administration period, executor obligations, beneficiaries presently entitled, trustee assessment, interest, dividends, rent, capital gains and testamentary trusts.

Estimated reading time: 15 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Family Law

How Are Post-Separation Contributions and Changes in Asset Value Treated?

How post-separation contributions and changes in asset value are considered under ss 79 and 90SM of the Family Law Act 1975 (Cth) — no automatic add-backs or default valuation date, and the effect of financial and homemaker contributions, market movement, business growth and liabilities is assessed on the evidence.

Estimated reading time: 14 min readReviewed by JULIAN McINTYRE, Associate
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