Moores | News | Lawyers & Solicitors, Melbourne | Moores

19 August 2019
Estate Planning: How to protect your vulnerable loved ones
Planning for a loved one who may have a disability or have some other form of vulnerability such as a drug addiction, financial susceptibility or pressure from undue influence can present many challenges. Often, there is a need to find a balance between ensuring that the beneficiary is looked after for their lifetime and ensuring that they do not have control over the funds.
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- Estate Planning & Structuring
19 August 2019
Claims by adult children against parent’s estates – recent cases and key lessons
Several recent cases in NSW and Victoria have highlighted the difficulties that can arise in family provision claims by adult children. The concept of fairness in the sense of “equality” between children has little bearing in family provision claims. In order to successfully challenge a parent’s will, adult children need to be able to demonstrate financial need.
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- Estate Planning & Structuring
- Wills & Deceased Estates
19 August 2019
Banking and Elder Financial Abuse – What has changed?
Recently, you might have seen the media splash that was the launch of the Australian Banking Association (“ABA”) campaign to stop elder financial abuse. The ABA is calling for nationally consistent powers of attorney laws, a national powers of attorney register and the establishment of somewhere to report abuse in each state that can investigate and act.
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- Elder Financial Abuse / Elder Law
19 August 2019
Extending the Deceased Estate CGT Main Residence Exemption - New Safe Harbour Rules
Capital gains tax (CGT) is a tax payable when you sell an asset for a profit. Fortunately, it does not apply to your family home. This exemption also applies if you have died, provided that the home is sold and settled by your executors within 2 years. But what if there is a delay with the estate?
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- Estate Planning & Structuring
- Wills & Deceased Estates
16 August 2019
ATO clarifies its position on superannuation and annual leave loading
There has been much talk in recent months regarding the payment of superannuation on annual leave loading. Until early this year it was common for employers not to make superannuation payments on annual leave loading. Ordinarily, superannuation is payable with respect to ordinary time earnings (OTE), that is clear. What is unclear however, is whether annual leave loading constitutes OTE.
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- Workplace Relations
16 August 2019
When co-educational schools can’t strike the right (gender) balance
Moores’ recent success in assisting Carey Baptist Grammar School to obtain an exemption under the Equal Opportunity Act 2010 (Vic) (the Act) to lawfully discriminate in student enrolments, is an example of an effective and strategic pathway for schools to ensure an appropriate gender balance in their student cohort without breaching their legal obligations.
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- Education & Early Childhood
16 August 2019
Top 10 tips for running an effective child safety investigation
We have seen a significant increase in demand from organisations needing support in child safety investigations. While organisation might be familiar with running investigations into workplace allegations, child safety allegations carry heightened safety risks and require a nuanced approach. Here are some of our top tips for running an effective child safety investigation.
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- Child Protection / Safety
15 August 2019
Breaking news: Religious and spiritual leaders to be mandatory reporters, without confessional seal
Under a Bill introduced yesterday, religious and spiritual leaders will be added to law as mandatory reporters, and will no longer have the exemption of the confessional seal.
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14 August 2019
What’s not to like? Child safety and social media
The impact of social media on child safety is a growing concern that not even social media companies themselves can ignore. Most recently, Instagram has rolled out a trial in Australia to remove the number of likes being publicised on posts. Instagram is not alone in its efforts to address the negative impacts of social media, with Facebook and Twitter also recently revamping its policies – but when it comes to child safety, is it enough?
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- Child Protection / Safety
14 August 2019
New Child Safety Complaint Handling Guide
On Monday 5 August 2019, the National Office for Child Safety released its Complaint Handling Guide (the Guide), developed with the NSW Ombudsman’s Office, the Australian Human Rights Commission and the e-Safety Commissioner amongst others. The message is clear – organisations need to be prepared for child safety complaints and allegations.
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- Child Protection / Safety

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