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...
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...
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...
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,...
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...
Separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life, and this stress and trauma can be compounded or amplified if there are children involved. When there are children involved, it is extremely important that parties remain child focused and do...
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...
The use of Self managed super funds (SMSF’s) in Australia has been growing in popularity over the past several years due to the many potential tax benefits associated with an SMSF. In early 2014, there were approximately 528,701 SMSF’s in existence, and according to the latest statistics released by the Australian Taxation Office (ATO),...
We have previously canvassed the importance of having a Financial Agreement drafted correctly to ensure that it complies with the requirements of the Family Law Act 1975 and is thus binding on the parties. However, in light of the 2014 case of Parker v Parker, we thought it prudent to highlight that the timing for...
