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So far WMD Law has created 147 blog entries.

CONTRACT IS KEY – High Court emphasises the importance of a written contract in employee vs contractor distinction

By |2022-04-08T00:58:02+00:00April 8th, 2022|COMMERCIAL LAW, LEGAL NEWS|

The High Court of Australia has recently handed down decisions that emphasises the importance of a written contract in the employment or contractor relationship. On 9 February 2022, the High Court handed down two landmark decisions, Construction, Forestry, Maritime, Mining and Energy union v Personnel Contracting Pty Ltd [2022] and ZG Operations Australia Pty Ltd v Jamsek [2022].  These decisions clarify the distinction between an [...]

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International Child Abduction – Have you heard of the “Hague Convention?”

By |2022-04-08T00:04:10+00:00April 7th, 2022|FAMILY LAW|

With the reopening of Australia's international travel borders comes an increased risk that one parent will take their children overseas without the other parent's consent. Warring parents with links to, or extended families in other countries might be tempted to take their children out of Australia away from their former partner.  But, as the Family Court has noted 'Child abduction, as between separate and conflicted [...]

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The laws surrounding Posthumous IVF Conception

By |2022-03-16T23:50:23+00:00March 16th, 2022|ESTATE LAW|

So you and your partner have decided that you would like to have children together. But what if one of you dies before you conceive? This is not a question that many couples trying to conceive ask themselves. Although not a common event, the questions surrounding posthumous in vitro fertilisation bear thinking about. Posthumous conception involves the conception of a child after one or more [...]

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Electronic signatures here to stay following new federal Bill

By |2022-03-16T23:39:08+00:00March 16th, 2022|COMMERCIAL LAW, LEGAL NEWS, NEWS|

Formal deeds and contracts have been executed by companies using electronic means rather than traditional handwritten signatures following the Covid-19 lockdown restrictions which have prevented in-person conferences.  The ability to sign documents electronically was initially a temporary solution to lockdown restrictions and was due to expire on 1 April 2022. However, businesses have keenly embraced the newfound convenience and efficiency of signing documents electronically. To [...]

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Providing financial assistance to family members or friends

By |2022-02-23T23:30:13+00:00February 23rd, 2022|ESTATE LAW, FAMILY LAW|

The concept of the “Bank of Mum and Dad” is one that has been frequently aired in the mainstream media in recent years.  The practice of obtaining financial assistance from parents or relatives has assumed prominence because of the rapidly rising prices of real estate in Australia and a community perception that, without such assistance, younger people may be unable to secure a foothold in [...]

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Have you been caught drink driving? Here is what you need to know about the interlock program

By |2022-02-18T02:57:04+00:00February 16th, 2022|CRIMINAL LAW|

Drivers who are convicted of high-range, middle-range, repeat and combined drink and drug driving offences in New South Wales are required to have an interlock device fitted to their vehicle. An interlock device is installed and linked to the ignition of a vehicle and in order for the vehicle to start, the driver must provide the device with an alcohol free sample of breath.  An [...]

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Buying a Business in NSW

By |2022-01-12T02:57:38+00:00January 12th, 2022|COMMERCIAL LAW|

Overview Buying a business is a daunting prospect at the best of times. With a variety of factors to consider, risks to weigh up and more, the whole process can seem very confusing. This article provides a summary of the processes involved in buying a business in NSW and factors one should consider before getting involved in such a transaction. Buying A Business As a [...]

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How can I tell if my beneficiaries will argue about my estate when I am gone?

By |2022-01-12T02:56:13+00:00January 12th, 2022|FAMILY LAW|

Families will react to the loss of a parent in different ways but, having practised in estate law for almost 40 years our Greg Dickson, CEO and Accredited Specialist in Family/De Facto Law can identify a number of factors which are common to most families who argue about inheritances following the death of a parent. The following is not intended as an exhaustive analysis of [...]

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Update: High Court Protects Business Goodwill

By |2021-12-15T04:38:08+00:00December 15th, 2021|COMMERCIAL LAW|

In October 2021, the High Court of Australia ruled on a restraint of trade dispute between a real estate agency at Concord and a former employed real estate agent. The High Court affirmed the Decision of the Court of Appeal of the Supreme Court of New South Wales in Devine Real Estate Concord Pty Ltd V Agha. Issues Arising Restraining a former employee from contacting [...]

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Does your ex-partner repeatedly breach Family Court orders?

By |2021-12-15T04:36:31+00:00December 15th, 2021|FAMILY LAW|

Most people who are subject to Family Court orders comply with them but there are still many people who suffer the continuing torment of an ex-partner who repeatedly breaches orders. Non-compliance has been a long-standing problem for many who have received the benefits of orders by the Family Court, particularly those who have received parenting orders.   It is likely that you or someone you know [...]

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