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The Duty of Disclosure refers to the obligation on all parties to a family law dispute to disclose any information that is relevant to the issues in the case. This includes disclosing information and documents that the other party may not know about. Disclosure in property matters Full and Frank disclosure of each parties’ financial circumstances, including all assets & liabilities and all financial & [...]
A jury is a group of people who listen to the facts and evidence of a case and apply the law (as directed by a Judge) to reach a verdict. Most commonly, juries are used in criminal trials but occasionally they will be used in civil matters, such as defamation cases. Jurors are randomly selected from within the community to ensure that legal verdicts are [...]
We are delighted to formally announce the incorporation of Woodward Wickes Wicken Lawyers into our growing practice. Nic Wicken, Principal of Woodward Wickes Wicken, has joined our WMD Law Team. Nic has extensive experience in Property, Business, Family Law and Litigation as well as Wills and Estate Planning. Nic will continue to service clients in Sutherland Shire and surrounding regions. About Nic Wicken Nic [...]
Many people aren’t aware that pre-contract negotiations conducted over email could amount to a legally binding contract. In recent years the Courts have ruled that email negotiations create binding contracts, regardless of whether a formal contract is ever signed. When negotiating via email, always proceed with care. The informal nature of an email does not prevent either party involved from enforcing an agreement reached via [...]
Separating from your partner is stressful and difficult however there are some matters that should be dealt with promptly. If your partner commences legal proceedings in order to finalise your property matters, ignoring their approaches in the hope that the dispute will resolve itself can seriously impact the outcome of your court proceedings. The Family Law Act requires full financial disclosure by each party when [...]
Social media is extremely popular as it allows you to easily connect with family and friends all over the world. What you may not be aware of is that what you post on social media may affect the outcome of your parenting proceedings. It is important to remember that the Family Court has allowed photos and other material published on social media platforms, such as [...]
An important change has been made to Fair Work legislation affecting employers of casual employees Following the decision made in WorkPac Pty Ltd v Skene [2018] FCAFC 131, the Fair Work Act Regulations 2009 (Cth) has been amended to protect employers from casual employees "double dipping" by receiving casual loading as well as entitlements due to permanent employees, such as paid annual leave. The new [...]
PEXA (Property EXchange Australia) is an electronic platform for the settlement of conveyancing and other land related transactions. The types of transactions which can be effected on PEXA are sales and purchases, the lodgement of caveats, the granting and discharge of mortgages and refinance matters. There is a mandated timeline for these transactions to be effected electronically and PEXA is already the only way in [...]
The National Employment Standards (NES) are 10 minimum terms of employment that apply to all employees in accordance with the Fair Work Act 2009 (Cth). The 10 minimum workplace entitlements in the NES are: A maximum standard working week of 38 hours for full-time employees, plus ‘reasonable’ additional hours. A right to request fl exible working arrangements to care for a child under school age, [...]
A divorce is the dissolving of a marriage and does not include the financial settlements or parenting agreements. In order to apply for a divorce you and your spouse must have been separated for twelve months and meet one of the following criteria: Be an Australian citizen. Have lived in Australia for 12 months before making an application. Be lawfully present in Australia and consider [...]
