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Loans to Children - Don’t be Vague
When making loans to children, you will probably be nagged by conflicting emotions and truisms. Should I document the loan for clarity? But they look so happy together and can…
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Issues with Expert Evidence
Many cases before the courts involve expert reports - such as medical evidence in personal injury cases; accounting evidence in loss of profit cases; and valuation evidence in property cases.…
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My Health Record: Are your children at risk?
In 2012 the Australian Government commenced a digital health record system known as My Health Record. In May 2017, the Government announced that the system would transition into an ‘opt-out’…
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Charity in Wills - Don’t waste the gift
Wills are ambulatory. The circumstances existing on the death of the will-maker apply. This poses difficulties since most people cannot help but write Wills with “today” in mind. A recent…
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What a difference a (leap) year makes
What a difference a (leap) year makes We have all heard jokes about people born on 29 February in a leap year, claiming to be younger than they really are…
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Exceptions to the rule - Who’s listening?
S 7(1) of the Surveillance Devices Act 2007 (NSW) sets out a general prohibition to a person using a listening device to record a private conversation to which the person is a…
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Superannuation….. Who gets it when I die?
It comes as a surprise to many people to learn that they do not own their superannuation and therefore cannot include their superannuation as an asset to be disposed of…
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Can a retaining wall be a dividing fence?
Nham & anor v Hayes & anor [2018] NSWCATCD 17 NCAT looked at several issues in this Dividing Fences application, the most interesting one involved retaining walls. In short, the…
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Am I in a de facto relationship? Part 1
People often seek an answer to this question because it has a financial impact on them. Family courts have jurisdiction to make orders in respect to maintenance and property settlement…
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A Shift in Calculating Personal/Carer’s Leave
The Fair Work Commission (“FWC”) recently handed down its decision in AWU v AstraZeneca Pty Ltd [2018] FWC 4660. The case is being described as a landmark decision on personal/carer’s leave for shift workers.…
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Am I in a de facto relationship? Part 2
Section 4AA(2) of the Family Law Actlists factors to be considered in the determination of whether or not a couple are or have been living together on a genuine domestic…
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New Fair Work Regulation addresses casual “double dipping”
Since the decision of the Full Court of the Federal Court of Australia in Workpac v Skene [2018] FLAFC 131 (“Skene“), employers have been concerned that in addition to paying casual employees…
