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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 [...]
The Fair Work Act 2009 (FWA) sets out provisions for the minimum periods of notice required for terminating employment for employees under the national system. This article outlines who is covered by these provisions, who is excluded, and the specific notice periods mandated by the FWA. Coverage of Employees Section 117 of the Fair Work Act specifies that national system employees are entitled to minimum [...]
The recent popularity of electric bikes, especially among children, raises the question as to how its use is regulated on NSW roads. Powered with rechargeable batteries, e-bikes assist pedalling to help users ride faster than a traditional bicycle, while helping to manage hills easier and travel longer distances without feeling as tired. Bicycles must meet the requirements of a permitted e-bike to be legally used [...]
Purchasing a business involves various legal complexities that must be navigated carefully to ensure a smooth transition and mitigate potential risks. Some of the main considerations are outlined below: 1. Due Diligence: This process involves investigating the financial, operational, and legal aspects of the business to assess identifying potential risks. Purchasers should review financial statements, contracts, leases, intellectual property rights, and any existing legal disputes [...]
Since the introduction of the Federal Circuit and Family Court of Australia (which replaced the previous Family Court system in 2021) there has been a greater focus on trying to resolve a dispute through mediation before approaching the Court and also once parties are participating in the Court system. It is now a requirement that parties attempt to engage in a dispute resolution process such [...]
Ordinarily a purchaser of a property is required to pay a 10% deposit when a contract is exchanged and then the balance of the purchase price is payable on settlement. It is becoming more common that purchasers are requesting to pay a 5% deposit on exchange rather than a 10% deposit. These requests are being made for a variety of reasons. For example, a purchaser [...]
There are new laws which will apply to fixed term contracts entered into from 6 December 2023. The new law requires employers to give any employee engaged on a new fixed term contract a Fixed Term Contract Information Statement (FTCIS). The FTCIS will be available to download from the Fair Work website from 6 December 2023. There are also new limitations on when fixed term [...]
No matter what type of issue you engage a lawyer to assist you with, there are ways to minimize the legal fees that will inevitably arise. Set out below, in no particular order, are some of the best ways to reduce legal fees and get the most out of your relationship with your lawyer. Be as organized as possible. Even if you are not a [...]
Understanding the key milestone of Practical Completion during home building works is essential for both homeowners and builders alike, marking the point at which a project is deemed finished and triggering important legal implications. Practical Completion Defined: Practical Completion is a term used to signify that a building project has reached a stage where it is fit for occupation and use for its intended purpose [...]
It goes almost without saying that every adult should have in place an up to date formal Will as well as an Enduring Power of Attorney and an Enduring Appointment of Guardianship. The Will operates after death to ensure that the wishes of the person are followed regarding assets. The Power of Attorney and the Guardianship documents operate during the life of the person to [...]
