Fixed term employment contracts are a common means by which employers employ staff in Australia. A recent decision of the Full Bench of the Fair Work Commission has now opened the door for employees engaged under fixed term employment contracts to bring unfair dismissal claims at the end of their contract term. Traditionally fixed term […]
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“Control” clauses in leases are those clauses which provide that where the lessee is a corporate entity and the control of that corporate entity changes as a result of transfer or sale of shares in the corporate entity then such change is deemed to be an “assignment” of the lease and therefore the corporate entity […]
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One question a lot of people ask when faced with redundancy or the option of voluntary redundancy, is how will it affect child support payments. In a nutshell the answer is – if it’s considered taxable income then you will need to pay child support. Most redundancy packages are calculated based on a number of […]
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Going Through a Divorce and my Ex Transferred her House into her New Boyfriend’s name – What Now? Emotions are running high and you’re at your wits end… then this happens! Your ex is trying to hide matrimonial assets to protect them from division under the property settlement, and you just found out she transferred […]
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The terminology used in the legal industry regarding statements of evidence can be confusing. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. This article explores the difference between these documents and how they are used within the legal system: 1. Affidavit An affidavit […]
MoreIt has become fairly common these days for parents to assist their children to purchase a home. There are many aspects to be cautious about in this regard:- 1. Parents advancing money to their children should be specific whether the advance is a gift or a loan. A gift is made without expecting anything in […]
MoreA recent decision of the Federal Court of Australia has confirmed that the question of an employer’s right to suspend an employee is still not fully understood by a lot of employers. The case involved circumstances where an employee was “suspended” whilst certain aspects of that employee’s conduct was the subject of a review. Whilst […]
MoreSo, you’re going through a divorce and your ex is trying to claim a piece of the Discretionary Trust that your parents set up years ago. What now? Whether you’re still in negotiations or if court proceedings are on foot, here are a few things to consider: 1. Do you actually have any control over […]
MoreIn late October 2017, the NSW State Government passed a number of amendments to the Road Transport Act 2013 (the “Act”) which overhaul the system as it relates to driving disqualifications. The aim of the amendment is to reduce unlawful driving by giving people an opportunity to have their licences returned in certain circumstances where […]
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Most people assume that the end of a relationship, divorce papers and, a property settlement marks the end of their legal obligations to that person. In the eyes of the law however, that is not always the case. Family/succession law has the ability to extend well beyond the end of a relationship giving a former […]
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