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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 [...]
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 [...]
