If you’re anything like us at Lynn & Brown, you’re wondering what happened to 2024! It’s hard to believe that 2025 is just around the corner. But before we get to the New Year, we have the silly season to get through. To help you survive (and enjoy) Christmas and the festive season, we have some legal tips from each of our teams to help see you through.
Commercial team
From our Commercial team:
- What happens if a contract due date falls on Christmas Day?
Most contracts will specify that “day” means a “business day”, which automatically means that if a period expires or falls due on a public holiday or weekend, it will automatically default to the next business day.
A “business day” is usually defined in a contract to only include week days that are not public holidays, but this is not always the case.
You should note that different jurisdictions, even within Australia, have different public holidays, and it may therefore become important to know what state legislation is applicable to the contract.
Note:
- All of Australia has Christmas Day and Boxing Day as public holidays;
- The Northern Territory and South Australia have from 7pm until midnight on Christmas Eve as a public holiday;
- Queensland has from 6pm until midnight on Christmas Eve as a public holiday.
- What happens if you don’t like or want a gift?
The Australian Consumer Law governs in what circumstances you can return goods. Generally speaking, this can be done if:
- The gift is of an acceptable quality and is fit for purpose, it is acceptable in appearance and finish and it is free from defects, safe and durable.
- The gift is reasonably fit for any disclosed fit for purposes; and
- The gift matches it’s description.
Some retailers will allow a gift exchange if you just don’t like it for an in-store credit, but you will usually require a receipt.
- Avoid the Christmas rush and get in early.
Our firm will be closed from 19 December 2024 until 2 January 2025. Don’t wait if you have a contractual matter which may need addressing over the festive season. Speak to one of our commercial lawyers now.
Wills and Estates
Hannah has written a very salient reminder about having a Will, especially focusing on young adults.
After you’ve digested that article, some other reminders from the Wills and Estates team are:
- Many people who don’t often see family members will catch up at Christmas time so, although it may seem a bit morbid, it may be a good time to think about having discussions with family members about what your estate planning involves and how they may be impacted.
- This is also a good time of year to reflect on changes in your family which may impact how you want to divide your estate, or even who you want to administer your estate.
- Have there been any births, deaths, marriages or changes in financial circumstances that you want to take into account?
- The New Year is the time for New Years resolutions, and what better than a resolution to ensure that all of your estate planning needs are up to date – make an appointment now for January to see one of our estate planning lawyers to make sure all of your needs are covered, so you’ll have one resolution you can tick off the list in January!
Family Law
The festive season can be a difficult time for newly separated couples, especially if they are navigating their first Christmas with children after a separation. Recommendations from the Family Law team include:
- Remember that all arrangements for the children should be guided by what is in their best interests (not yours!) to ensure that they have the best possible day without conflict and too much upheaval.
- Reach an agreement with your former partner about the Christmas arrangements as soon as possible, confirm it in writing and advise the children in advance, so that they have peace of mind that Santa can find them!
- Communication is vital between parents at this time of the year, and if you can’t reach an agreement for arrangements for the children, consult one of our family lawyers now, before time runs out.
Good wishes for the season
No matter what your plans are for this festive season, we hope that it is safe, joyful and stress-free.
We wish you a Merry Christmas and a Happy New Year!
If you want to see what some of our lawyers might get up to over Christmas, have a look at our 2024 Christmas video here.
Merry Christmas to all, and to all a good night!
About the Author: This article has been authored by Jacqui. Jacqui has over 20 years’ experience in legal practice and practices in family law, mediation and estate planning. Jacqui is also a Nationally Accredited Mediator and a Notary Public.
