There is a common misconception that caveats are a tool to secure the repayment of a debt. Client’s often state to lawyers, “person A owes me money, I will put a caveat over his property and get my money back”. However, it is important to note that the lodgement of a caveat by a person...
As a result of the sudden drop in temperature on the Gold Coast, you may have noticed that the health of your family has also taken a turn for the worst. Unfortunately, this often means that busy parents need to take time off work in order to care for their sick child. You may find...
The recent decision of Thorne & Kennedy [2015] FCCA 484, involved a 67 year old multimillionaire property developer, who met, (his now former) 36 year old wife over the internet. When they met, the wife lived overseas, had minimal English speaking skills, a previous divorce and no real assets. They fell in love and were...
Justice Nye Perram of the Federal Court has today handed down a decision in the case of Dallas Buyers Club LLC And Voltage Pictures LLC v iinet Limited, Internode Pty Ltd, Amnet Broadband Pty Ltd, Dodo Services Pty Ltd, Adam Internet Pty Ltd And Wideband Networks Pty Ltd which could have a significant impact on...
Another interesting decision regarding Estate matters which was handed down recently is the Western Australian case of Mead –v- Lemon. In this case, the deceased was a very wealthy individual who was survived by four children at his death (three of whom were born as a result of one of his earlier marriages and one...
Section 311 of the Fair Work Act 2009 (‘FWA’) sets out some of the circumstances in which a ‘transfer of business’ can occur, and with it, a transfer of liability in respect of employee entitlements (including redundancy entitlements) from the old employer to the new employer. These factors are important to be aware of if...
If you believe you have beneficial ownership of a house (or part of a house), or you are contemplating providing funds to a family member for the purchase of a house (without becoming a registered owner on title) it is a good idea to obtain legal advice in respect of your position and to ensure...
Agreeing to act as guarantor for someone is a significant responsibility, and one that should not be entered into without a thorough understanding of the implications and risks associated with signing on the dotted line. Essentially, when a person is acting as guarantor, they have contractually agreed to pay the borrowers loan repayments (and ultimately,...
A recent decision handed down by the Full Bench of the Fair Work Commission has confirmed that comments made on the social networking site ‘Facebook’ can amount to bullying at work, within the meaning prescribed by the Fair Work Act. For the Fair Work Commission to make an order regarding bullying, the applicant must satisfy...
Employees covered by the national system are generally entitled to take public holidays off work in accordance with the Fair Work Act 2009 (Cth). The eight recognised public holidays for 2015 are: New Years Day – 1 January 2015; Australia Day – 26 January 2015; Good Friday – 3 April 2015; Easter Monday – 6...
