As the median age of the Australian population continues to rise, some suggest that issues of capacity will increasingly impact the legal profession. Capacity is integral to a client’s ability to enter transactions or make legally binding agreements. While there’s a common law presumption that a client has the necessary capacity to make such decisions …
Mental Capacity: A Guide for Solicitors Assessing their Clients Read More »
The two certainties in life are death and taxes. You should familiarize yourself with how to properly prepare a will to ensure that your property will be distributed according to your wishes when you pass on. One key requirement for a will is that you must properly witness it. Wills are just one type of …
Co-owning property can become problematic, especially when relationships between co-owners deteriorate or circumstances change. In such cases, section 66G of the Conveyancing Act 1919 (NSW) provides a legal solution by allowing a co-owner to seek a Court order for the forced sale of co-owned property. Section 66G and Forced Sale of Co-Owned Property Section 66G …
Forced Sale of Co-Owned Property: Understanding Section 66G Read More »
Being classified as casual may not always fit the definition under the Fair Work Act 2009 (Cth). This causes situations whereby misclassifying a permanent worker as a casual impact their entitlement to statutory benefits like annual leave.[1] So how do you know if you are a casual or full-time employee? This article explores the revised …
The right to disconnect law came into force on the 26th of August 2024 through the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (for non-small business; for small businesses it’s 2025).[1] This provision tackles Australia’s widespread issue of employees working unpaid overtime and helps clarify the boundaries between professional and personal life.[2] …
‘Right to Disconnect’: New Law Enhances Work-Life Balance Read More »
Casual employees and unfair dismissal: Know Your Rights If you believe your dismissal was unfair, your eligibility to claim unfair dismissal depends on whether you are a casual or permanent employee Under the Fair Work Act 2009 (Cth), you must meet the minimum employment period to qualify. Casual employees may find this harder to prove, …
Casual Employees and Unfair Dismissal: Know Your Rights Read More »
In Australian family law, distinguishing between a gift and a loan is crucial for asset protection during the breakdown of a marriage or de facto relationship. This distinction significantly impacts asset division, as courts apply the Family Law Act 1975 (Cth) to differentiate between gifts and loans. Specifically, whether an advance of money or property …
Inheritance often raises concerns during separation or divorce, particularly in family law. Clients frequently ask if an inheritance they received, or expect to receive, will be included in the asset pool for division with their spouse. This article explores the treatment of inheritance in family law, focusing on the keyword “inheritance family law.” Inheritance Family …