Jacob Carswell-Doherty

Family Law Amendment (Information Sharing) Act 2023

Navigating Parenting Orders in High-Conflict Cases

Australian family law, guided by the Family Law Act 1975 (Cth) (“Act”), addresses complex issues related to high conflict parenting orders. These orders determine child custody, visitation, and parental responsibilities. In recent years, several significant cases and legislative changes have shaped the court’s approach in managing these disputes, particularly where parental conflict is high. The …

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business purchase legal advice

Business Purchase Legal Advice: Expert Guidance for Buying a Business in Sydney

Purchasing a business is one of the riskiest investments you can make, yet it often receives less scrutiny than it deserves. Before diving in, it’s essential to seek business purchase legal advice early in the process. However, there are critical steps you can take yourself beforehand. If you’re buying a business in Sydney and need …

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Protecting trade secrets

Protecting Trade Secrets in the Australian Context

The recipe for Coca-Cola is one of the most famous trade secrets in history, safeguarded for over 130 years. This example illustrates the critical role trade secrets play in protecting valuable business information. In Australia, while trade secrets are crucial to maintaining a business’s competitive edge, they lack a specific statutory framework, unlike patents or …

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mental capacity

Mental Capacity: A Guide for Solicitors Assessing their Clients

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 …

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caveatable interest in land

Forced Sale of Co-Owned Property: Understanding Section 66G

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 …

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pro-rata long service leave

Am I A Casual Or Full-Time Employee?

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 …

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testamentary trust setup benefits

Casual Employees and Unfair Dismissal: Know Your Rights

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, …

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Inheritance family law

Inheritance in Family Law

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 …

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Binding financial agreement family law

Binding Financial Agreements Family Law

Enforceability of Binding Financial Agreements in Family Law Introduction Binding Financial Agreements (BFA) in family law determine financial arrangements during and after a relationship. BFAs provide clarity and security regarding asset and liability division. However, their enforceability can be contested. This article explores the enforceability of BFAs and the conditions under which they can be …

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