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Communicating Dismissals to your employees
It is no surprise that emails, text messages and other communication apps are prevalent in most workplaces. Recent decisions of the Fair Work Commission have found that when it comes…
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The aging process -legal mental capacity
In Re Estates Croft, deceased [2018] NSWSC 1303 a couple with 6 children, made last Wills which favoured certain children rather than each other. This led to some children receiving more of the…
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Making the rules the same for everyone
When parties to a marriage or a de facto relationship want Court Orders to divide their property, time limits apply as to when they can bring an application. A party…
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Alert for Agents and Landlords of Residential Tenants in NSW
All landlords and agents of residential tenancies should be aware that the Residential Tenancies Act 2010 (NSW)will be amended effective from 28 February 2019 to enable tenants to escape circumstances of domestic violence. Tenants…
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If you need to flee - ending a lease when there is domestic violence
The Government recently passed a Bill amending the Residential Tenancies Actto provide some assistance to tenants who need to escape a domestic violence situation. Those tenants will need to give their…
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Busting some Family Law misconceptions
The emotional side of ending a relationship can leave those involved completely unprepared for financial separation - often not helped by some notions that float around (well-intentioned) back-yard barbeque and…
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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…
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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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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 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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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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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…
