The law surrounding de facto relationships can be complex, particularly for couples who enter relationships later in life. Unlike married couples, de facto partners must establish their relationship under section 4AA of the Family Law Act 1975 (Cth) to access legal protections. This can be difficult for elderly couples who have spent decades together but …
The Challenges of Proving a De Facto Relationship Later in Life Read More »
Estate disputes can come in many shapes and sizes. Some challenges relate to a Will’s validity. Others challenge a beneficiary’s inheritance or exclusion. One of the mechanisms that parties can use to settle on a resolution is a Deed of Family Arrangement (DOFA). Beneficiaries and entitled persons agree through a DOFA on how to administer …
Deed of Family Arrangement in Estate Disputes: Key Considerations Read More »
Parental alienation is an increasingly contentious issue in Australian family law, particularly in high-conflict parenting disputes. It occurs when one parent manipulates a child to reject or fear the other parent without legitimate justification. The Family Law Act 1975 (Cth) does not specifically define parental alienation. Australian courts recognise it as a significant factor in …
Parental Alienation in Australian Family Law: Legal Challenges and Judicial Responses Read More »
Introduction Workplace bullying is a significant issue that affects both employees and employers. Understanding the workplace bullying legal definition is essential for recognising misconduct and addressing it effectively. A previous publication on our website provided a brief overview of what may constitute workplace bullying under Australian legislation and explored possible legal remedies. This article provides …
Workplace Bullying: Legal Definition, Employer Obligations & Prevention Strategies Read More »
In the City of Sydney, where there are more than two dogs for every child, it is not surprising that recent trends highlight an increasing acknowledgment of non-human family members in property settlement disputes. This raises the question: who keeps the family dog in property settlements? Views prior to the Family Law Amendment Act Previous …
Ordinary Time Earnings (OTE) are central to how employers calculate the minimum superannuation contributions they must provide to employees, as required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). OTE represents a specific subset of the broader “salary or wages” an employee may receive from their employer. Employers use OTE to calculate minimum superannuation …
Understanding Ordinary Time Earnings (OTE) and Superannuation Obligations Read More »
In a significant shift aimed at curbing exploitative workplace practices, the criminalisation of wage theft in Australia has become a criminal offence. This change, which came into effect on 1 January 2025, was part of a broader suite of reforms under the Closing Loopholes legislation. These reforms aim to enhance protections for workers, tackle wage …
The Criminalisation of Wage Theft in Australia: What Employers Need to Know Read More »
Dying without a will can leave loved ones facing uncertainty and stress. In NSW, the Succession Act 2006 (NSW) actively governs the distribution of a person’s estate when they pass away intestate. This article explores what happens in such cases, who inherits under intestacy laws, and why having a valid will is essential. The Role …
The Family Law Amendment (Information Sharing) Act 2023 (“Act”) is a significant reform to Australian family law. By improving information sharing in family law proceedings, it addresses important safety and welfare concerns for children. The Act aims to improve collaboration between courts, child welfare agencies, and law enforcement, and supports a more integrated approach to …
Enhancing Child Safety Under the Family Law Amendment (Information Sharing) Act 2023 Read More »
In the world of corporate governance, managing directors’ duty to avoid conflicts of interest is central to maintaining trust, integrity, and compliance with the Corporations Act 2001 (Cth). Directors are entrusted with fiduciary obligations, which require them to act in the best interests of the company. However, personal or external interests can sometimes create situations …