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So far WMD Law has created 70 blog entries.

Domestic Violence and Coercive Control

By |2024-08-30T01:36:44+00:00August 30th, 2024|CRIMINAL LAW, FAMILY LAW|

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 [...]

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Understanding Redundancy Entitlements and Unfair Dismissal Claims in cases of Redundancy under the Fair Work Act

By |2024-09-18T10:15:23+00:00August 30th, 2024|COMMERCIAL LAW|

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 [...]

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How is the voice of the child heard in Family Law parenting matters?

By |2024-08-14T02:49:38+00:00August 14th, 2024|FAMILY LAW|

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 [...]

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Some of the Most Common Mistakes in Estate Planning

By |2024-08-14T02:41:03+00:00August 14th, 2024|ESTATE LAW|

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. [...]

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What is a Statement of Testamentary Intention?

By |2024-07-17T00:54:34+00:00July 17th, 2024|ESTATE LAW|

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 [...]

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Understanding Minimum Periods of Notice for Termination under the Fair Work Act

By |2024-07-17T00:52:55+00:00July 17th, 2024|LEGAL NEWS|

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 [...]

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E-bikes and Children: What does the Law say?

By |2024-06-12T01:03:47+00:00June 12th, 2024|LEGAL NEWS|

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 [...]

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Purchasing an Existing Business

By |2024-06-12T01:01:30+00:00June 12th, 2024|COMMERCIAL LAW|

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 [...]

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Mediation in Family Law Matters

By |2024-05-15T03:25:35+00:00May 15th, 2024|FAMILY LAW|

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 [...]

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Should a vendor accept a Deposit of less than 10% on a Property Sale?

By |2024-05-15T03:23:12+00:00May 15th, 2024|PROPERTY LAW|

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 [...]

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