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Consumer Law Compliance

Consumer Law Compliance: How to Avoid ACCC Penalties for Misleading Practices

Ensuring Consumer Law Compliance under the Australian Consumer Law (ACL) is a critical responsibility for businesses. The ACCC has increased its focus on misleading practices, especially refund policies and consumer rights. Companies that breach the ACL face penalties, reputational harm, and loss of trust. This article outlines ACL obligations and recent ACCC enforcement actions. It …

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Unfair dismissal in Australia

Unfair Dismissal In Australia: Employee Rights and Legal Remedies

Losing a job can be a distressing experience, but when a dismissal is unfair, employees have legal avenues to challenge it. Unfair dismissal in Australia happens when an employer terminates an employee in a harsh, unjust, or unreasonable manner or fails to follow proper procedures. In Australia, the Fair Work Act 2009 (FWA) sets out …

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Guardianship Disputes NCAT

Guardianship Disputes at NCAT: Resolving Family Conflicts

Introduction The Guardianship Division of NCAT resolves disputes over appointing guardians or financial managers. These disputes involve individuals with impaired decision-making. Family members often disagree when a loved one has cognitive impairment, disability, or illness affecting their capacity. Such situations can lead to complex, emotionally charged, and legally intricate family conflicts. This article explores the …

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NSW hate speech laws

Compulsory Acquisition NSW: Case Law & Compensation Changes

“It’s not a house, it’s a home” – Public awareness of compulsory land acquisition law grew partly due to the 1997 film, The Castle. The Kerrigan family contested the forced acquisition of their home. They ultimately took their case to the High Court of Australia. Unlike Dennis Denuto’s “vibe”-based arguments, legislation governs compulsory acquisitions in …

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AI in law

AI in Law: Risks, Benefits and Ethical Challenges

The legal profession has long been a bastion of tradition—pages upon pages of case law, meticulous research, and the ever-reliable leather-bound books housing centuries of legal wisdom. Yet, in recent years, artificial intelligence has been making its way into this time-honoured field, promising efficiency, accuracy, and a revolution in legal practice. But as we have …

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de facto family law

The Challenges of Proving a De Facto Relationship Later in Life

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 …

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Deed of Family Arrangement

Deed of Family Arrangement in Estate Disputes: Key Considerations

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 …

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Parental alienation

Parental Alienation in Australian Family Law: Legal Challenges and Judicial Responses

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 …

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Workplace Bullying Legal Definition

Workplace Bullying: Legal Definition, Employer Obligations & Prevention Strategies

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 …

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Who Keeps the Family Dog in Property Settlements

“I’m taking the dog, dumbass!” How Courts Decide Who Keeps the Family Dog in Property Settlements

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 …

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