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Spousal Maintenance in NSW: Who Can Claim and How Courts Decide Separation often creates immediate financial pressure. One household becomes two. Income may no longer cover rent, mortgage payments, children’s expenses, medical costs or basic living needs. In some matters, one party has managed paid work and assets. The other may have cared for children, reduced employment, or relied on shared finances. Spousal maintenance exists to address that imbalance. It is not automatic. It is also separate from property settlement, child support and divorce entitlements. Instead, it focuses on financial need and capacity to pay. At Maguire & McInerney Lawyers, we advise on family law matters involving separation, divorce, parenting and financial arrangements. We focus on clear advice, practical strategy and early resolution where possible. When court action becomes necessary, we provide strong representation in family law court proceedings. What is spousal maintenance? Spousal maintenance is financial support paid by one former spouse to the other after separation or divorce. For de facto relationships, similar maintenance rights may apply under the Family Law Act 1975. The legal test has two main parts. First, the person seeking maintenance must be unable to support themselves adequately. Secondly, the other party must be reasonably able to provide support. A claim may arise because of: care of a child under 18 age or health issues reduced earning capacity limited access to income or assets family violence impacts any other adequate reason recognised by the court Therefore, spousal maintenance NSW claims are highly fact-specific. The court [...]

Director Duties and Personal Liability in NSW Companies Running a company brings opportunity. However, it also brings legal responsibility. For directors of NSW companies, the company structure may limit some personal exposure, but it does not remove accountability. Director duties are strict. They apply to large companies, family businesses, start-ups, professional firms and small proprietary companies. In many cases, ASIC compliance and corporate governance issues arise before a dispute reaches court. Therefore, early legal advice can reduce risk. At Maguire & McInerney Lawyers, we regularly advise businesses, directors and individuals on disputes, insolvency risk and commercial decision-making. Our approach is practical. We explain legal duties in plain English, then relate those duties back to commercial realities. This article explains key director duties in NSW companies, the risks of personal liability, and practical steps that can help directors manage compliance. What director duties apply in NSW companies? Director duties in NSW mostly come from Commonwealth law. The main legislation is the Corporations Act 2001 (Cth). These duties apply across Australia, including NSW. Directors also owe duties under general law. In some cases, company constitutions, shareholder agreements and employment contracts add further obligations. The core statutory duties include: acting with care and diligence acting in good faith and for a proper purpose not improperly using position not improperly using company information avoiding and managing conflicts of interest preventing insolvent trading These duties apply to formally appointed directors. They may also apply to de facto directors and shadow directors. As a result, a person [...]

Understanding Bail in NSW: What You Need To Know Few court decisions have a more immediate impact than bail. A successful bail application can mean you returning home to your family, getting back to work and continuing your life while your matter progresses through the court. A refusal of bail can mean remaining in custody until the case is finalised.  For families, employers and business owners, the consequences of a bail decision can be significant and immediate. In NSW, bail is governed by the Bail Act 2013 (NSW). The legislation sets out how police and courts assess risk, when bail conditions can be imposed, and when bail must be refused. At Maguire & McInerney Lawyers, we act in urgent bail matters across NSW. Our experienced criminal lawyers move quickly to prepare evidence, address the court’s concerns and present strong, practical bail applications designed to achieve the best possible outcome. What Does Bail Mean in NSW? Bail allows a person charged with a criminal offence to remain in the community while their case moves through the court system. Importantly, bail is not a finding of guilt or innocence. Instead, it is a mechanism used to manage risk until the matter is resolved. After an arrest, police may grant bail. If police refuse bail, the matter is usually brought before a court as soon as possible, where a judge will decide whether bail should be granted, refused, or granted subject to conditions. In many cases, carefully tailored bail conditions can address the concerns [...]