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The distinction between contractors, permanent employees and casual employees is a vital but often overlooked part of running a business. To ensure a business' legal obligations towards employees are met, it is critical that team members are classified and documented correctly. What is a permanent employee? A permanent employee is usually engaged under an employment contract or Award as either part-time or full-time, and has [...]
What are sexual offences? Sexual offences are sexual activities carried out on one person without their consent. They are offences of a very serious nature which make the victim feel frightened, threatened and often suffer long-lasting effects. In criminal proceeding involving sexual offences against an adult the question of consent is often integral to the case. That is whether the other person (complainant) had consented [...]
On Friday, 20 November 2020 our office is supporting White Ribbon Day and participating in the Walk for Respectful Relationships. Having a large family law practice serving Sydney and the NSW South Coast for 50 years we are well aware of the impact on society that domestic violence has and the need to address this through both education and support. We are always here to [...]
The very recent case of Moore v Aubusson [2020] NSWSC 1466 illustrates the dangers of not making your testamentary plans clear and in writing during your lifetime. It was found that a verbal promise made by Ms Barbara Murphy (deceased) to her neighbours prior to her death substantially supplanted the contents of her Will. The promise resulted in the transfer of two properties on Louisa [...]
Expected to start from 1 July 2021, a homeowner will no longer have to pay capital gains tax “CGT” for the creation, variation or termination of a formal written granny flat arrangement that accommodates the elderly, typically family members or people with disabilities. A principal place of residence is exempt from CGT, whereas investment properties are subject to tax on any capital gains on sale [...]
What is a testamentary guardian? A testamentary guardian is someone who is appointed to provide daily care and responsibility for your children and to make decisions about your children's long term care, welfare and development in the event that one or both of the child's parents pass away. A testamentary guardian generally has the same types of powers, rights and duties as a natural parent [...]
What is the content of Section 21? Section 21 of the Crimes (Sentencing Procedure) Act, 1999, gives power to the court to reduce the term of imprisonment or the fine payable by an offender. The section gives the court discretion to award a sentence that is less severe than the maximum penalty. When does the court use section 21 of the Crimes (Sentencing Procedure) Act, [...]
What are verbal agreements? A contract is an agreement entered by two or more persons with the intention of being legally bound. Verbal agreements are agreements made between persons based on spoken words. In order to be legally binding, a verbal agreement must have all the necessary features of a contract, including: Valid offer and acceptance of the terms of contractIntention to create a legally [...]
Introduction The NSW Government has recently passed 2 pieces of legislation with the objective to increase confidence of the community in the construction industry. DBP Act The Design and Building Practitioners Act 2020 (NSW) (“DBP Act”) was enacted on 10 June 2020 and it introduces a statutory duty of care to benefit owners of land and provides for methods to regulate design and building work, [...]
For quite a few months now we have been receiving enquiries in relation to neighbourhood disputes. Is it because we are all home a lot more or do you think people have lost the ability to talk to one another? Whilst it is easy to urge you to be friendly with your neighbours as it is much easier if everyone gets along and it also [...]
