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The Federal Government has put forward proposed changes to parts of the Family Law Act 1975 (Cth) (the Act) that will influence how property settlements between separated couples are determined, introducing the Family Law Amendment Bill 2024 (the Bill) on 24 August 2024. The Bill’s aim is to clarify the court’s process when defining the parties’ property entitlements and codifying principles decided in case law [...]
In NSW, entering an early guilty plea of guilty can provide significant benefits. The timing of a defendant's guilty plea can also influence the sentencing outcome. Sentencing discounts are mechanisms used to incentivise early admissions of guilt, promote efficiency, and reduce the emotional and financial burdens of legal proceedings on the victims and the state. Defendants can receive a sentencing discount ranging from 1% to [...]
In an era where digital scams are increasingly sophisticated, scam protection in Australia is evolving as the government takes bold steps to safeguard citizens. New consumer protection laws are set to reshape how businesses handle scam prevention, fraud detection, and victim compensation. Let's explore what these changes mean for you and the companies you interact with daily. The Human Cost of Scams Imagine saving for [...]
The law regarding pets in New South Wales is largely confined to the Prevention of Cruelty to Animals Act and the Companion Animals Act. You may have noticed that specific dog breeds such as Corgis, Rottweilers, and Boxers now have long tails, unlike the docked or cropped tails that were common some years ago. This is because it is now illegal to dock or crop [...]
When a marriage or de facto relationship ends, one important consideration for both parties is financial support. In Australia, spousal maintenance refers to payments made by one spouse or partner to the other to help support them after separation. This guide will help you understand your rights and obligations when it comes to spousal maintenance, outlining key factors such as eligibility, types of maintenance, how [...]
In a significant legislative advancement, the New South Wales (NSW) government has enacted the Crimes Legislation Amendment (Coercive Control) Act 2022, which introduces a comprehensive framework targeting coercive control and abusive behaviour within intimate relationships. The Act amends the Crimes Act 1900 to include a new Division 6A, specifically targeting abusive behaviour towards intimate partners. Under Section 54D, the legislation establishes a precise offence for [...]
The Fair Work Act 2009 (FWA) provides employees with various rights and remedies upon termination of employment, including statutory entitlements to redundancy pay and protections against unfair dismissal. This article outlines redundancy entitlements and the conditions under which an employee can bring an unfair dismissal claim for redundancy. Statutory Entitlement to Redundancy Pay Under section 119 of the FWA, employees are entitled to redundancy pay [...]
In parenting matters, conducted in the Federal Circuit and Family Court of Australia (Court), ensuring the voice of the child is heard in a safe and age-appropriate way is important. The Court must determine what arrangements are in each child’s best interests and in doing so, one of the factors it considers is any views expressed by the child. Although children do not appear in [...]
Estate planning is a task that most people don't relish and frequently postpone. Sometimes this is due to an unwillingness to confront the prospect of death and sometimes it is due to the distress that contemplating family arrangements after your death brings. Often it's just procrastination. Whatever the reason, this article sets out some of the most common mistakes that people make in Estate Planning. [...]
A person’s will sets out their wishes for who shall inherit their assets after their passing. However, at times a testator may decide to exclude an eligible person such as a child from their will, or they may distribute their assets amongst their children in unequal shares. As a result, a disaffected child may pursue a Family Provision claim. Faced with such a claim and [...]
