lawwmd

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 [...]

Bali Democracy Students Conference (BDSC) is a student conference on democracy that was held earlier this month in Bali, Indonesia. Tristan Croft a Paralegal from our Bega Office was selected to attend. The theme of this years conference was "Democracy for Prosperity - Students Perspective". Around 137 students attended as guests of the Ministry of Foreign Affairs of the Republic of Indonesia. Tristan has prepared [...]

A caveat is a warning recorded on the title of a property to alert all interested parties of an interest in the property. We often are approached by clients who would like to lodge a caveat over a property which is owned by a person who owes them money, however being owed money is normally not sufficient to entitle you to lodge a caveat. In [...]

More often it seems there are claims being made that one parent consumes alcohol excessively and that this has a negative impact upon their ability to parent the children of a marriage or relationship. If the Family Court is asked to determine a child's living arrangements, the Court's focus will be on what is in the child's best interests. One of the things the Court [...]