While no one ever expects to lose the capacity to manage their own affairs, many people receive comfort from knowing that they have planned ahead, and made arrangements for a …
Can your ex-spouse make a claim on your lottery winnings after separation?
It sounds like a nightmare: you finally separate from your spouse, but before the divorce is finalised you win the lottery and your ex claims they are entitled to a …
Non-compete and restraint of trade in employment contracts
By Jacob Carswell-Doherty Employers are increasingly taking former employees to Court to enforce restraint of trade clauses in a contract following a termination/resignation of employment, but where does the …
How does the Fair Work Commission determine Adverse Action and General Protection matters?
Under the Fair Work Act 2009 employees are able to make an application to the Fair Work Commission (FWC) for adverse actions (such as termination or negative treatment) made against …
How does the anti-bullying scheme in the Fair Work Act apply to you and your employees?
Since the introduction of the new anti-bullying legislation, located in the Fair Work Act 2009 (‘FW Act’), many employers and employees have questioned if these provisions apply to them. The …
Joint Tenancy and Tenancy in Common. What’s the Difference?
When acquiring property together with other people, there are two ways in which ownership can be shared: joint tenancy and tenancy in common. These concepts mostly arise in the context …
Are you Considering Selling Property in 2015
A new Sale of Land Contract (approved by both the Law Society of NSW and Real Estate Institute of NSW) has been introduced and prescribed for use. Some of you …
Assisted Suicide – Full Article
The legality of assisted suicide is subject to extensive debate around the world. Many jurisdictions, including Australia and the United Kingdom, prohibit it even though a significant proportion of society …
Assisted Suicide – Likely to become a reality?
HE AUSTRALIAN CASE OF A The common law in Australia in respect of assisted suicide is best stated in Hunter and New England Area Health Service v A [2009] NSWSC …
Buyer Beware: Builders do not owe duty of care to residential apartment owners
On 8 October 2014, in the landmark decision of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36, the High Court of Australia (“HCA”) unanimously found that …