Adams Legal in Wollongong, New South Wales | Divorce & Family Lawyer

Adams Legal

Locality: Wollongong, New South Wales

Phone: 42259222

Address: Unit 37, 71-83 Smith Street 2500 Wollongong, NSW, Australia

Website: http://www.adamslegal.com.au/

Likes: 394

Add/Update information

Reviews

Tags

• Divorce & Family Lawyer

25.01.2022 How will the Court divide my assets following separation? Whether you have separated, or are considering separating from your partner, it is often a time that c...auses angst and anxiety. Determining how the assets of the relationship will be divided and the prospect of being able to support yourself and moving past the separation can be quite a daunting experience. If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required. It is important to note that parties can divide their assets before actually getting a divorce. If your matter proceeds to court, the court is asked to determine the alteration of property interests. Based on the law as it stands today, the court applies the following steps to come to a decision: Step 1 The court first needs to ascertain whether it is required to make an order altering legal and/or equitable rights and whether it has jurisdiction to do so. Step 2 The court identifies the value of all the assets, liabilities and financial resources. The values are usually determined by way of consent or if there is no agreement, valuations are obtained. It is important to note that any values will generally be the value as at the date the court determines the matter unless there is compelling evidence before the court that the value of the asset pool or specific assets within the pool should be considered as at the date of separation. Step 3 A court will determine what financial and non-financial contributions each party has made (both directly and indirectly) to the acquisition, conservation and improvement of those assets, liabilities and financial resources, as they stand at the time the matter is determined by the court. Step 4 Taking the results after step 3, a court assesses whether any adjustment of property for future needs arises, with reference to a myriad of factors set out in either section 75(2) (for parties to a marital relationship) or section 90SM (for parties to a de facto relationship) of the Family Law Act 1975. The court is required to identify whether an adjustment will be afforded to either of the parties based on one or more of those factors being applicable in the matter. Step 5 After consideration of the matters raised above, the court is then required to determine if an alteration of property interest is required, and if it is just and equitable in all of the circumstances having regard to the matters raised above to make orders. Judicial Discretion The court is made up of different judges exercising discretion so there is no strict mathematical approach to what the outcome will be. However, an outcome that is within a percentage range, based on the best and worst-case scenario in a matter is generally able to be provided in the early stages of the matter upon receipt of instructions addressing the matters set out above. Next Steps If you are separated or considering separation and don't know what the next steps are in your matter or how to progress the matter in a meaningful and cost-effective way, our specialists can provide guidance on the process. Credit to Jacob Smith & Nicole Pearce.

25.01.2022 WE WIN CASES LIKE YOURS!

24.01.2022 Who Pays my costs in Family Law matters? The usual rule is that each party pay their own costs in all family law matters. However there are times when a court w...ill order one party pay the others costs and sometimes on an indemnity basis. In the matter of Jaros & Calden, a case heard in the Federal Circuit Court in Adelaide in August 2019, the issue of indemnity costs were explored by Judge Heffernan: "Such an order involves a very significant departure from the ordinary course and should only be made in exceptional circumstances. Some categories of matter in which it has been held appropriate to make an order for indemnity costs have been: where a party makes allegations of fraud knowing them to be false; or a party makes irrelevant allegations of fraud; evidence of particular misconduct that causes loss of time to the Court and to other parties; the fact that proceedings had been instituted and maintained for an ulterior motive; where proceedings have been commenced in disregard of known facts, or clearly established law; and, the making of allegations which ought never to have been made or a case based on groundless contentions. I am satisfied by virtue of the conduct of the father in the proceedings, his making of allegations which were not reasonably capable of belief, his deliberate non-compliance with orders of the Court; and what he must have well known to be the hardship caused to the wife in having to make the Application by reason of her difficult financial circumstances, that an order for costs on an indemnity basis is justified in this case with respect to the Application in a Case. Parties must be dissuaded from making baseless allegations, disobeying Court orders for tactical reasons, using children as weapons in a litigious war of attrition and wasting Court time. When all of those features are present, as they are here, they are matters which can tip the balance in favour of an exercise of the Court's discretion to make an exceptional order for indemnity costs. They have done so on this occasion." (at paragraph 27)." Conclusion The matter of Jaros & Calden highlights that whilst indemnity cost Orders are uncommon and should not be expected by parties in family law litigation, a party who has been forced to incur legal costs in an unreasonable situation, may be able to seek costs from the other side.

23.01.2022 LawPath is not a law firm, and is not engaging in legal practice. LawPath, and its consultants, are not acting as lawyers. LawPath does not provide legal advice. LawPath provides general information Straight from their website.

22.01.2022 Congratulations to Australia's newest lawyer

22.01.2022 ON YA BIKE! NSW Police have been accused of using bike fines as a "hidden justice system" to enable searches of poor and vulnerable people, with new data obtained under freedom of information laws showing penalties are soaring in some suburbs while others have none. Police issue around 500 fines each month to cyclists for not wearing a helmet, each one worth $344, and now account for 70 per cent of all bike fines issued since 2014.

22.01.2022 Can you guess what type of business we have helped a client buy and sell recently? Love these kinds of thanks.

22.01.2022 Man sent to prison for defrauding desperate farmers! Stephen John Swindle (His real name) from Parkes had a business masquerading the sale of hay and grain to f...armers, but simply did not deliver it after receiving payment. Mr Swindle was imprisoned last week for defrauding New South Wales farmers of more than $80,000 in a scam that lasted more than two years, after being found guilty of 10 counts of fraud under section 192E of the Crimes Act 1900. During Mr Swindle's sentencing hearing, the presiding magistrate described his actions as reprehensible, in light of the tough drought affecting our farmers, and labelled the defendant as "lying, dishonest and violent". According to police papers, several vulnerable farmers purchased food for their livestock through Mr Swindle's business. Some of the orders were partially delivered, while others were not delivered at all. Mr Swindle lied to his customers about the whereabouts of the delivery trucks, and spent his ill-gotten gains on trips to theme parks, accommodation on the NSW South Coast, sports betting, groceries and liquor. Mr Swindle has been sentenced to a total of three years and six months behind bars and will be eligible for parole in November 2020. Funny how people used to have the name of their trade - still applies in his case,

21.01.2022 One side of the debate: As debate about the new parliamentary inquiry into the family law system continues, one family lawyer explains how he has witnessed nume...rous instances of baseless allegations of domestic violence to prevent the other parent’s time with their child. In conversation with Lawyers Weekly, Cudmore Legal principal Luke Cudmore explained that courts are required to take all allegations of domestic violence and abuse seriously, and that when confronted with false allegations, the court must err on the side of caution given the catastrophic consequences of not doing so. But, he said, parties can abuse this approach to obtain state domestic violence orders which can operate to prevent all contact between a child and a parent. The delays in the court systems and high costs of access mean long periods of time may elapse before orders can be obtained permitting the children to see their parent again, he said. Even once the matter gets to the Family Court, it is possible the child’s time with the parent will continue to be limited while the Court takes steps to investigate the allegations resulting further delays before the child/parent relationship can properly resume. These delays cause untold damage to child/parent relationships which Mr Cudmore says he has seen firsthand. In the worst of cases, the withholding parent will use the lengthy delays to alienate the child such that they no longer want to spend time with the other parent. These are some of the most difficult and saddening cases we have to deal with.

21.01.2022 Communication after separation In the age of the Corona-virus, communication by telephone or video call has been key to keeping families connected, particularly... for families spread across multiple households. But telephone communication, particularly video calls may not always be reliable. For some families, parents may be bound by Orders in the Family Court of Federal Circuit Court in relation to facilitating communication between their children and their former spouse. When technical difficulties arise with telephone/video communication, which prevent an order for communication from being fulfilled, those parents may be wondering where do I stand? A recent case in the Family Court of Australia decided in December 2019 looked into the difference between the cancellation of a call, and a call that has gone unanswered.1 In this case, it was alleged that the Mother had failed to facilitate contact between the child and her Father, as required by final Orders of the court. However, the evidence showed that while the Father had placed calls to speak to the child, many of those calls had been 'cancelled' before the call could be answered. There was little evidence to say that the child's phone actually rang on those occasions. In circumstances where the call was 'cancelled', the Mother was not held to have breached the order for communication. As a general rule, parents should do everything possible to facilitate any communication that is required by court Orders, to avoid the risk of a possible Contravention Application. Things you can do to ensure communication is successful include: Keeping your former spouse updated with any change to your phone number or contact details (this may also be required as part of the orders) Keep that phone charged and easily accessible, particularly during the time frame communication is due to occur When communicating by video call, try to ensure a stable internet connection (which may involve taking the call from home wherever possible, instead of being out and about). Particular Apps have also been designed for families engaged in family law proceedings, to help them through the process. Certain Apps can assist you to keep a record of communication. Thanks Franca Parolin

18.01.2022 A special thank you from lovely clients. Makes my day.

17.01.2022 A divorce is the court's recognition that a marriage no longer exists and a separation shows your intention to divorce. In Australia you are required to be sepa...rated for a period of 12 months before you can make an Application for Divorce. This means that you have to wait for the 12 months to expire before you file your Application. If you file earlier then your Application will be dismissed. This is the case even if the actual hearing of your divorce takes place after the expiration of the 12 months period. The important date is the date that you file the Application. It is not necessary for you to wait to obtain a Divorce to resolve your children and financial issues. You can resolve those issues at any time during separation. Further, in the event you are unable to resolve your financial and children issues, you can bring an Application to the court at any time after separation for the Court to determine those matters.

17.01.2022 How current is your will? Do you actually have one? The recent corona virus outbreak has led to economic and health tidal waves throughout Australia and the world. It has affected every Australian and has created a huge demand for people to make or update their legal will. With the heightened health risks presented by coron avirus, now is a good time to review your legal will. Or if you don't have one, it's a prime opportunity to get it sorted.... So, before creating or reviewing your legal will, what do you need to consider? Who would look after your children if you were to die? If you have minor children, under the age of 18, it's important to nominate who would look after them if you were to die. When deciding on their guardian, be sure to consider whether they will also be your executor, which would empower them to access and deal with your children's trust accounts after you die. It's recommended to appoint only one person as a legal guardian, as multiple guardians needing to make unified decisions about your children can often lead to difficulties. Do you need to set up a trust for minors in your will? Trusts can be created and included in your legal will to protect the inheritance of a child until they reach a certain age. You might prefer your children to wait until they're 21 or 25 years old before they inherit. Until this time, your appointed executor and trustee will have the power to access the trust for your child's education, medical needs and general upbringing. We can draft your will on line or by telephone. Call on 1300 913 284

17.01.2022 What a team! We have had a great year together. Time for a wind down before heading into 2020. Stay safe and have a lovely Christmas.

17.01.2022 High Court clarifies NES paid personal/carer's leave The entitlement to paid personal/carer's leave is calculated under s 96(1) of the Fair Work Act 2009 (Cth) (FW Act). This provides that for each year of service with his or her employer, an employee is entitled to 10 days of paid personal/carer's leave. In an appeal decision handed down on 13 August 2020 (Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2020) HCA 29...Continue reading

16.01.2022 HUSBAND FINED $54,000 In a recent family law matter (Lescosky & Durante) The husband was ordered to pay to his wife's solicitors the sum of $30,000 as well as n...ot deal with any assets of the relationship outside the normal course of business and to provide 7 days notice to his wife's solicitors of any proposal to deal with any asset over $1000 in value. He later bought $180,000 of Crypto Currency in 18 different transactions and failed to notify the solicitors and failed to pay them the $30,000. The Family Court Judge fined him $3,000 for each breach of the Court Orders. He appealed the decision and the Full Court of the Family Court dismissed his appeal. He then also had to pay the wife's costs of the appeal. Family Court orders are to be taken very seriously.

16.01.2022 The question Is: what changes in legislation or change in culture will prevent mental illness associated with the breakdown of relationships? There may be a red...uction in post separation family violence if more resources were allocated to addressing the feelings of isolation and a (Misconceived) perception that the Family Law Act discriminates against men. The current Baxter tragedy clearly demonstrates that more needs to be done as no child should be in danger from, or lose their life as a result of parental conflict. So sad. See more

16.01.2022 FWO issues some guidance on new annualised wage clause

16.01.2022 New penalties for anyone caught tossing a lit cigarette from their car will come into effect from midnight tonight. Motorists will now be penalised five demerit points if they are caught tossing a lit cigarette form their car. The penalty will double to 10 demerit points and a fine of up to $11,000 if the offence is committed during a total fire ban. Penalties will also apply to passengers caught tossing a lit cigarette on or near the roadway. They will be fined $660 and this figure will double during total fire bans.

15.01.2022 New Laws to Prevent Phoenix Activities: The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2019 (Cth) (Act) came into operation on 18 February 2020.... The purpose of the Act is to give regulators greater powers to 'detect and disrupt phoenix activity, and to prosecute directors and other professional advisors who engage in or facilitate the activity'.1 Illegal phoenixing involves the stripping and transferring of an entity's assets, thereby denying creditors' access to those assets to meet unpaid debts. Creditors, including employees, are often left out of pocket due to illegal phoenixing and these amendments are designed to crack down on directors who actively seek to avoid paying creditors and employees and dodgy pre-insolvency advisors who recommend and facilitate illegal phoenixing. Key points The key measures introduced are: Strengthening enforcement options through the introduction of new phoenix offences and civil penalty provisions, carrying the highest penalties available under the law, to target both those who conduct or facilitate illegal phoenixing; Introduction of a new recovery power for ASIC, and extending the recovery provisions available to liquidators, to improve their ability to recover assets lost through illegal phoenixing; Preventing directors improperly backdating resignations, or ceasing to be a director, when this would leave the company with no directors to avoid liability or prosecution; Extending the director penalty provisions to allow the Commissioner to collect anticipated GST and related liabilities thus making directors personally liable for these liabilities; Expanding the ATO's power to retain refunds where there are outstanding tax lodgements; and Protecting the interests of legitimate businesses when restructuring or attempting to turn around a financially distressed business by protecting transfers of property made when the directors are in a safe harbour against insolvent trading. Creditor defeating dispositions The Act introduces a new concept known as a creditor defeating disposition. A disposition of property of a company is a creditor-defeating disposition if: The consideration payable to the company for the disposition was less than the lesser of the following: the market value of the property; the best price that was reasonably obtainable for the property, having regard to the circumstances existing at that time; and The disposition has the effect of: preventing the property from becoming available for the benefit of the company's creditors in the winding-up of the company; or hindering, or significantly delaying, the process of making the property available for the benefit of the company's creditors in the winding-up of the company. Thanks to Scott Butler

15.01.2022 SOCIAL MEDIA Going through a separation can be extremely difficult to deal with, thanks to the significant emotional stress and/or court proceedings to deal wit...h. Because of this, it is not uncommon for a party to turn to social media to vent their grievances in relation to their family law matter. One of the reasons people will often do this is to get some emotional support or even advice in dealing with a really difficult time in one's life. Unfortunately, depending on what you say in such a public arena, it can also be very damaging to your case and, in particular in relation to parenting matters, to you and your child/ren in the future. It is important when taking to social media to remember the following: If you have social media accounts, it is a good idea to ensure that you change your passwords following separation, particularly if your former partner was aware of your passwords. A change in passwords will protect your privacy and further ensure that your former partner cannot access your account and make disparaging posts or comments on your behalf. If you intend to make a disparaging or negative comment about your former partner, it is quite likely that this information will be funnelled back to your former partner and/or their family. Regularly, in family law proceedings, Facebook posts, Instagram posts and other social media posts are annexed to or tendered to the Court in support of allegations that you are not prepared to facilitate a relationship between your child/ren, or a party in attempting to alienate a child from one of their parents. Before you post, make sure that you think about how an objective person, who does not know you, or the other party would view the post. It would also be a good idea to rest on the post and come back to it the day after before deciding if you really want to post it. You should also ensure that your immediate family, friends or new partner are careful in what they post. It is not going to assist your matter or your case in Court, if you have made negative and disparaging comments on social media about your former partner. These posts are often accessed by the other party and utilised in proceedings to show the overall character of your social network. Another issue to consider with social media posts is that often the post will provide an indication of your whereabouts through the metadata and/or location data. This can be concerning if there are serious matters of family violence in your case and you do not wish for your former partner and/or their family to have any indication as to your whereabouts. If you are currently engaged in Court proceedings in relation to family law matters, including parenting and property, please ensure you do not make any posts or upload any memes or comments disparaging the Court, the process and/or the Judge dealing with your matter. Again, you can be sure that these posts would become available to the court. Be careful to ensure that any posts including photos are of a tasteful nature. The last thing you need is for your former partner to provide distasteful posts that you have made to the court and ask the court to have regard to the post when considering your lifestyle and the impact your lifestyle has on the children and/or your capacity to parent. Thanks to Anna D'Addona

14.01.2022 DODGY ORDERS SET ASIDE BY COURT: When it comes to any proceedings before the Family Court a failure to disclose - whether it be between the parties or in relation to third parties - can lead to any orders being set aside. A recent decision of the Full Court of the Family Court is a timely reminder that when parties wish to enter into Consent Orders, honesty is the best policy, and Consent Orders made chiefly for the purposes of defeating creditors, can be set aside by the Cou...rt. In a recent case of Cantrell v North, a couple entered into Consent Orders which provided that the former matrimonial home be transferred to the wife. However, the parties had not disclosed the fact that there was a creditor who was owed some $381,000.00, perhaps hoping to cheat the creditor by having the property transferred to the wife. The parties ought to have disclosed the interest of the creditor because in such cases, the Court must know whether there are any creditors who are entitled to become a party to a case before approving and making any orders, including Consent Orders, which may affect such creditors. After the parties had approved Consent Orders, and thought they were safe, the creditor made an application to the Supreme Court, obtaining an order declaring that the transfer of the matrimonial home pursuant to the Consent Orders, was void. The couple appealed that decision in the Full Court and argued that the Supreme Court had not considered whether substantially different orders would have been made, had the husband and wife made proper disclosure. However, the Full Court of the Family Court did not accept this argument and said that in circumstances where there had been a failure to disclose to the Court the existence of a significant creditor who was entitled to join the proceedings, the Court was not obliged to consider what final property orders would have been made had there been proper disclosure. It was the Court's view that any Consent Orders obtained on the basis of false information, was enough of a circumstance to justify an order varying or setting aside those Consent Orders, and the appeal against the Supreme Court's orders was dismissed.

14.01.2022 IT IS NOT OK TO PAY EMPLOYEES IN FOOD AND DRINK! Who would have thought eh? The operator of a Brisbane café has been penalised $139,800 by the Federal Circuit Court for having partially paid some of its employees in food and drink. The court imposed a $95,000 penalty against Timi Trading Pty Ltd, which operated Café 63 Chermside. Director and manager Tien Hoang Le and company manager Minh Vo Duy Nguyen were both hit with fines of $20,000, and Hamish Watson the owner of the ...café 63 brand was hit with a 4800 penalty. The cafe was found to have forced 11 employees to accept part of their remuneration in food and drink during two periods between August 2017 and January 2018. Most of the affected workers were visa holders, including seven juniors aged under 21, who worked as cooks, kitchen attendants and food and beverage attendants. Eight of the 11 employees were paid according to Individual Flexibility Agreements (IFAs) that provided for flat hourly rates and a list of bonuses and allowances instead of being paid penalty rates and overtime under the Restaurant Industry Award 2010. These allowances included employees being allowed food and drink up to the value of $42 per day when working, including $20 in meals, $7 in desserts and $15 in drinks.

13.01.2022 FUNDING BOOST AND NEW EMERGENCY MEASURES TO PROTECT TENANCIES Residential landlords facing financial hardship due to COVID-19 will receive increased support and greater certainty from the NSW Government’s new temporary rental support measures announced today. The six-month support package includes a moratorium on applications for forced evictions due to rental arrears for those financially disadvantaged by COVID-19, and new requirements for landlords ...Continue reading

13.01.2022 The former operators of two Hello Juice outlets in Victoria were penalised $276,929 by the Federal Circuit Court for deliberately exploiting 27 employees. Skypic Group Pty Ltd and Skypac Group Pty Ltd, who operated the Hello Juice outlets until April 2019 and March 2020 respectively, were penalised $161,988.75 and $80,325 respectively. Hua Gong, who was the general manager of both stores, was penalised an $34,616. The underpayments were uncovered in an auditing activity, in... which the Fair Work Ombudsman found that employees had been underpaid of the ordinary hourly rates, casual loadings and penalty rates for weekend and public holiday work they were entitled to under the Fast Food Industry Award 2010. The 27 employees were underpaid a total of $38,458 over various periods in 2017, though they have been back-paid. Gong and Skypac Group Pty Ltd also breached laws relating to cashback arrangements on two separate occasions by requesting a worker aged in her 30s to pay amounts totalling $4,42.19 to cover part of a rectification payment and a tax refund payment made to her ($1,300 of which was paid). Gong and both companies were found to have breached laws relating to payslips and record-keeping. Skypic Group and Gong also failed to comply with a Notice to Produce records or documents, and Skypac Group and Gong provided inspectors with false or misleading records.

11.01.2022 AMP ordered by the Federal Court to pay $5.175M penalty. The Federal Court of Australia on Thursday has ordered financial services giant AMP to pay over $5 mill...ion after finding that AMP failed to prevent insurance churn by its financial planners. Earlier today, the Federal Court ordered AMP to pay a $5.175 million penalty after the court found AMP failed to take reasonable steps to ensure its financial planners complied with the best interests duty and related obligations under the Corporations Act. ASIC had alleged that a number of AMP’s financial planners engaged in rewriting conduct, which it described as providing advice that results in the cancellation of the client’s existing insurance policies and the taking out of similar replacement policies by way of a new application rather than through a transfer. By cancelling insurance policies and advising clients to submit new applications, clients were exposed to a number of significant risks and the planners received higher commissions than they would have by simply transferring the policies, ASIC said in a statement. The court noted that the rewriting conduct by one of AMP’s financial planners, Rommel Panganiban, was morally indefensible. The court accepted the argument put forward by the regulator that, having become aware of Mr Panganiban’s conduct, it was necessary for AMP to ascertain the extent of breaches by other planners to meet its legal obligations, ASIC said. AMP failed to do so, it continued, with the court finding that the lack of an effective response is an illustration of how badly things had gone wrong within the organisation. In today’s ruling, the Federal Court identified a total of six contraventions of section 961L of the Corporations Act and thus imposed a penalty of $5.175 million, and also indicated that it will make orders requiring AMP to undertake a review and remediation program to ensure financial planning clients who were subject to rewriting conduct are detected and properly remediated.

11.01.2022 Firmer stance against unfair contract terms for small business: Assistant Treasurer Michael Sukkar has announced that Commonwealth and state and territory governments have agreed to make unfair contract terms unlawful and give courts the power to impose a civil penalty when a breach occurs. This nationwide agreement aims to strengthen the protection of small businesses against unfair contract terms and impose heavier penalties against the big businesses who are practising thi...s now unlawful act. The move has earned the praise of Australian Small Business and Family Enterprise Ombudsman Kate Carnell who said, The government has clearly listened to the concerns my office has long held in relation to the impact of unfair contract terms imposed on small businesses by big businesses. Importantly these reforms will ensure unfair contract terms are illegal and the courts will have the power to levy penalties for breaches. The ASBFEO also welcomed the expansion of the definition of small business to under $10 million turnover or up to 100 employees, a change that will bring 99 per cent of Australian businesses within the scope of the unfair contract protection.

11.01.2022 RBA October Meeting: As widely expected, the RBA resisted cutting rates yesterday and decided to wait and see how the budget panned out The government has made it clear they want to support the housing market at all costs with the removal of responsible lending guidelines, more FHLDS places and further support for trades to support the construction industry It is now widely expected that the RBA will cut from 0.25% to 0.15% at the November meeting.... o This has been reflected over the last couple of weeks with banks reducing variable rates in expectation of this cut. Given that the purchase process is at least 6 weeks long, there is a small window of opportunity before the Christmas shutdown. With the scrapping of the 'Responsible Lending' and the expected interest rate cuts; We are hoping that investors who maxed their borrowing capacity to be able to borrow more and grow their real estate portfolio. First Home Buyers: A further 10,000 FHLDS spots have been released however these are only applicable for NEW BUILDS and not established builds, meaning off the plan properties and house and land packages. o They also increased the max purchase price for this scheme from $700k up to $950k. This will increase competition in other price brackets like the Sydney and the surrounding real-estate market.

11.01.2022 From all of us at Adams Legal and Kim's Conveyancing we wish you a happy Christmas and New Year.From all of us at Adams Legal and Kim's Conveyancing we wish you a happy Christmas and New Year.

10.01.2022 PARENTING arrangements may be effected by the virus, the impending lockdown, and the closure of schools. Right now, we do not have details of what a lockdown wi...ll mean for all of us. The best advice we can give at this stage is that you should ensure that you do your best to follow court orders, and if you cannot follow the orders due to circumstances, you need to document and provide evidence for those circumstances. In the event that you want to change arrangements in the court orders then you should try and communicate with the other party. If you cannot communicate with them, try to communicate through a third party or through your lawyer. The Family Court and Federal Circuit Court schedules are being updated almost on a daily basis to adjust for the corona-virus. The Chief Justice of both courts has indicated that he will fight to keep the courts open and functioning during these uncertain times. If your matter is being listed in the next 6 months, you may want to confirm that it is still proceeding when it gets closer to your court date. We will have lawyers at our office every day even though most staff are working from home. If you have any questions and you need an answer please feel free to telephone 1300 913 284.

10.01.2022 IT'S HARD TO WRITE A WILL WHEN YOU ARE DEAD! "Why do I need a Will?" you may ask. The reason is simple. If you die without one, the government not you decides who shares in your estate and who'll be responsible for managing it. But don't assume that just because you have a Will everything is taken care of forever. You should review it regularly. Again, the reason is simple: circumstances change. Children grow up, your original executor moves overseas. If you're lucky, you... win the lottery and now want to leave something to your favourite charity. The point is, your Will should always reflect your current circumstances. In our experience, people often tend to think about Wills and powers of attorney only when they are about to go to hospital (or worse) or take a big trip or an emergency like Covid-19 strikes. That's not the way to do it. It leads to rushed, poorly considered documents. 1300 913284

09.01.2022 JobKeeper: Do I have to nominate all eligible employees? The JobKeeper wage subsidy scheme is now being implemented by the Australian Taxation Office (ATO) in workplaces across Australia. The obligations on employers to execute this scheme appropriately and effectively have been clarified through a number of different bodies. A key step that must be taken for employees to access the JobKeeper scheme is to complete a signed nomination form and give it to their employer. That ...Continue reading

09.01.2022 Breaking news- we have made it easier for you to contact us. Click on https://adamslegal.leapweb.com.au/

09.01.2022 Live-in nanny paid $2.33 per hour Managing director of Award Mortgage Solutions, Kit Antony (Tony) Lam, and his wife Ming Wei (Tiffany) Tong are facing prosecu...tion over allegedly requiring a Filipino nanny to work between 88 and 106 hours per week and underpaying her by $155,178.90. The nanny was paid 40,000 Philippine pesos per month over a 12-month period, her total pay for that time being equivalent to $12,574 Australian dollars. Averaged across the alleged hours she worked, this equates to $2.33 per hour. The Fair Work Ombudsman (FWO) alleges that under the Miscellaneous Award, the nanny should have been paid between $17.29 and $18.91 per hour, and up to $37.82 for overtime hours. If the court decides that the nanny was not covered by this award as there is no award specifically covering nannies and domestic workers the FWO will allege that she should have received the national minimum wage between $17.29 and $17.70 for every hour she worked, amounting to a total underpayment of $85,834. Sandra Parker of the FWO says this case will help clarify the coverage of domestic workers and nannies under the Miscellaneous Award. We allege the worker in this case was vulnerable to exploitation given she was new to Australia, resided with Mr Lam and his family and did not know what her workplace rights were, Ms Parker said. The scale of the alleged underpayments and the unreasonable work hours are concerning. It is alleged that agents for Mr Lam, whose company claims a turnover of more than $1.5 billion per year, recruited the worker directly from the Philippines. The FWO launched the investigation after receiving a referral from the immigration department, which had received anonymous reports on the worker’s conditions. See more

08.01.2022 Off-the-plan apartments fall in value leaving buyers short-changed as COVID-19 hits Kim’s Conveyancing Works licenced conveyancer Kim Adams said she had a number of clients begin to face problems when it came to settlement as social distancing measures ramped up in the middle of March. [This is] regardless of the fact they entered the contract 18 months ago when everything [was] rosy, Ms Adams said.... Once the effects of COVID-19 hit, their circumstances changed in that moment, she said. People lost their jobs, clients who had pulled out money from their super they were $40,000 short of what they expected to have on settlement, she said. I’ve had quite a few clients struggling from settlement deadlines. As conveyancers we’re scrambling to help our clients because their costs are rising each day. In another case, Ms Adams found an off-the-plan buyer had also been short-changed since the COVID-19 downturn began, because their small business had also taken a hit at the same time. [The buyer] doesn’t want to commit to this contract but equally doesn’t want to lose her deposit, Ms Adams said. We’re calling on vendors to be a little bit lenient in regards to penalties on purchasers. There will be more people in this boat. There are so many units out there where people have entered contracts of off-the-plan units.

08.01.2022 Feeling pumped and sooo energised. Only 2 hrs into the 2nd day at The Meet the Press Masterclass. Pitching to the Journalists live still to come. #meetthepressmasterclass

08.01.2022 WHO STAYS IN THE FAMILY HOME? When a marriage or de facto relationship breaks down, some spouses find that it is practical, economic and easier on the children,... to both continue to occupy the family home - albeit as a separated couple - until they have reached a final agreement, or obtained final orders, on parenting and property matters. However, this is not always an option, or viable in circumstances where the breakdown of the relationship is particularly hostile, or there are issues of violence. It is also not ideal to stay living under the same roof, if the children are being exposed to continued argument and debate. What if you cannot continue to occupy the family home together, and you want sole occupation of the family home pending a final resolution of all matters? Ideally, the best approach at first instance, is to try and reach a practical agreement with your spouse by exploring sensible options, for example, can your spouse move in with their parents? However, if an agreement cannot be reached, or you are not in a position to negotiate because there are issues of family violence, you ought to seek advice about the option of applying to the Court for an exclusive occupation order to reside in the matrimonial home exclusively under the Family Law Act 1975 (the Act). The Court has a wide discretion in deciding such cases. Whilst each case is determined on its own merits, facts and circumstances, in broad terms, the Court will usually take the following matters into consideration: whether the application is reasonable or unnecessary; the interests of any children; the relationship between the parties; the financial position of each party; whether it is practical and financially possible for either party to obtain alternate accommodation; any issues of family violence; alternate options available to the parties, for example, temporarily moving in with parents or moving into an investment property; convenience or hardship to either party of moving out; and, any other matter that the Court considers relevant. The Court is not restricted by the above list and will make whatever order it considers to be appropriate in the circumstances of the case.

08.01.2022 What if my EX has assets in another country? To commence proceedings in Australia, statutory requirements in relation to a connection to Australia (citizenship, residency, domicile, and/or geographical) must be met. Provided these are met, the Australian Family Courts will have jurisdiction to make Orders dealing with overseas assets in property settlement proceedings. There are strategic considerations to take into account for parties who may need to compare their respective...Continue reading

08.01.2022 Worker sacked over positive drug test wins reinstatement after FWC slams illogical no-tolerance policy: A Sydney Trains customer service attendant sacked afte...r failing a random drug test has won reinstatement in an extraordinary case that has exposed an apparent logical inconsistency in Transport NSW’s zero-tolerance drug policy. The 64-year-old Sydney Trains worker was dismissed last year after testing positive for cannabis following a random urine test in late-2018, but Fair Work Commission (FWC) deputy president PJ Sams has overturned the sacking on grounds it was harsh and unreasonable. The case, details of which were published to the FWC’s website on Monday, has given rise to questions about whether the drugs and alcohol policies enforced by Sydney Trains are fair, or even able to meet their stated intentions. Sams branded Sydney Trains’ evidence as meaningless, misleading and lack[ing] logic, ordering it to reinstate the worker within 21 days with remuneration equal to 50% of his lost pay. Asked to comment, Sydney Trains declined, saying the matter was still subject to legal proceedings, suggesting it is pursuing an appeal that would be considered by the full bench of the FWC. Puffing the magic dragon The basic facts of the sacking were not disputed. The worker admitted to smoking a joint with an old friend the day before his shift, but maintained throughout the investigation he was not impaired by the time his duties started at 6.00am the next day. An hour after starting his shift, the attendant was called in for a random drug test, conducted periodically for Sydney Trains workers under the organisation’s drug policy, which stipulates zero tolerance for prohibited drugs. Following the test, the worker continued his duties for a further two days before asked to explain why he tested 78 ug/L for THCCOOH above the 15 ug/L cut off stipulated in the drug policy. Once Sydney Trains started its investigation, the worker expressed remorse, claiming the decision was a mistake, and there was no evidence he was a habitual cannabis user, even providing a subsequent test, signed by his doctor, stating he tested negative for cannabis several days after the first probe. The worker, aided by the Australian Workers Union, also submitted his record as an employee was previously unblemished, asking for an alternative punishment to sacking. There were also additional concerns the worker, who supports a family and is required to make mortgage repayments, would have difficulty finding another job due to his age. Zero tolerance? But Sydney Trains argued during a FWC hearing in Sydney last December that the attendant engaged in risk-taking behaviour that placed himself and our customers at an increased and unnecessary risk of harm, stressing its zero-tolerance approach to prohibited drugs required dismissal. The employer argued the conduct was reckless and undermined its trust in the worker, saying they could not claim human error because the worker did not smoke the joint by accident. Responding to a counter-argument that there was no evidence the worker was impaired on the job, Sydney Trains officials said it was not actually relevant whether the worker was high, or that no safety incidents occurred on the day he tested positive. Instead, they said, the relevant factor was the breach of its drug policy, and that by attending work with prohibited drugs in his system the attendant had taken a gamble that he would not be tested, putting Sydney Trains’ reputation at risk. Meaningless, misleading and lack[ing] logic However, deputy president Sams questioned the logical veracity of Sydney Trains’ drug policy, noting initial urine screenings only record a positive THC result over 50 ug/L, and thus an employee who tested over the cut off but under 50 ug/L could walk off scot-free. While Sydney Trains’ Drugs and Alcohol Policy is said to be underpinned by a ‘zero tolerance’ approach to drugs and alcohol in the workplace, the reality is that there is no such thing, Sams said. Further, Sams said Sydney Trains did take into account mitigating factors such as the worker’s age and financial circumstance, which are inconsistent with zero tolerance towards prohibited drugs. Sydney Trains admitted during the hearing that it took the attendant’s circumstances into account, but still decided to sack the worker for the positive drug test result. The evidence makes it abundantly clear that such considerations can never sway the decision-maker from a decision to dismiss, Sams said. This evidence not only demonstrates internal inconsistencies but Sydney Trains’ submissions are meaningless, misleading and lack logic.

08.01.2022 What the new BUILDING GRANT PROVIDES: Your Build Contract must be entered between 4th June 31st Dec 2020 Price cap at $750,000 for a House and Land package, off-the-plan or build (where you've already secured the land).... For renovations the price of works must be between $150,000-$750,000 (with the dwelling value not more than $1.5m) Income cap Singles income must not exceed $125,000 and for couples $200,000 (based on tax return 2018-2019 or later) Eligibility 18 years or older and Australian citizen and for use on your principal place of residence (not an investment) Time frame Construction commencement within 3 months of contract date Tax Home Builder grant will not be taxed First Home Owner Grant can be used to complement the new Home Builder grant Investment property not applicable for use on an investment property Payments distributed via State (Territory) Revenue Office

07.01.2022 All sub-trade or trade work will be award-covered by 1 July 2020 On the next pay period after 1 July 2020, all national system employees who perform work that is low-skilled, semi-skilled or requires a trade qualification and which is not of a managerial or professional nature will be covered by a modern award. That follows a ruling on 25 March 2020 by a Full Bench of the Fair Work Commission (FWC) extending the coverage of the Miscellaneous Award. The FWC removed the exclus...ion in the Miscellaneous Award of employees in an industry covered by a modern award who are not within a classification in that modern award. The FWC observed this exclusion was inconsistent with the purpose of the Miscellaneous Award, which is to ensure award coverage of employees who are not covered by another modern award and who perform work of a similar nature to that which has historically been regulated by awards. The FWC adopted the assumption that all work that is low-skilled, semi-skilled or requires a trade qualification and which is not of a managerial or professional nature is work of a similar nature to work that has in the past been regulated by awards, either by modern awards or former State awards. This is the case, even though the work itself was not being performed when State awards existed (i.e. because the work is in an emerging area that has only come into existence after the commencement of modern awards in 2010), or the work was not actually regulated by an award before 2010. The FWC used the example of cleaners and security guards employed outside the contract cleaning or security services industries to indicate the effect of the extended operation of the Miscellaneous Award after 1 July 2020. Under the Miscellaneous Award, in its current terms, these cleaners and security guards would not be covered by the Miscellaneous Award. This is despite the fact that the work of cleaners and security guards has traditionally been the subject of award coverage by, for example, State common rule awards. The FWC could not identify any intelligible industrial rationale for this outcome and stated: With respect to cleaners and security guards, who generally perform lower-skilled duties for low or modest pay, we see no reason why the identity of their employer should make a difference as to whether such employees have the benefit of award entitlements or not. Being award-free means, among other things, that such employees have a lesser entitlement to minimum wages (being only entitled to the National Minimum Wage), and have no entitlement to penalty rates for working unsociable hours or for overtime, in circumstances where the work performed is the same as that of award-covered employees. See more

07.01.2022 The Tsunami is coming!! There’s a moment before a tsunami where the tide pulls back, and the beach is bare and calm just before a devastatingly big wave crash...es in. That’s the moment Australian businesses are facing right now, where after months of challenging trading, JobKeeper and rent relief, government packages and cash injections, we are in a brief second of unnatural calm. Right now, the creditors can’t come calling. Right now, the debts can remain unpaid. But within 80 days, the waves will start to wash away the work of business owners who have built up their companies over years only to lose them in the wake of COVID-19. To get a sense of how big the wave might be, let’s look at the ripples we can see already. Back in March, with the prospect of thousands of businesses collapsing overnight, the federal government put in place key initiatives to forestall that event. Since a moratorium preventing creditors issuing statutory demands was introduced, the number of businesses entering external administration has nearly halved. Under the moratorium, the minimum amount for creditors issuing a statutory demand jumped from $2,000 to $20,000, and the time to reply to the demand increased from 21 days to six months. At the same time, the government also introduced a temporary safe harbour defence against civil insolvent trading, which would normally make directors personally liable for debts incurred when they should have suspected their company to be insolvent. Both changes were due to run until mid-September but were extended again until the end of December. The impact of the moratorium is obvious. If you think your business may not make it then now is the time to act. NOW. 1300 913284 and start planning to protect.

05.01.2022 Contesting a will It is a generally accepted principle of law that an individual is entitled to leave their property by Will to whomever they wish when they di...e. However, there are unique circumstances where the Court may alter the terms of the Will. If you believe that the deceased in his or her Will has not made appropriate provisions for you, you may be entitled to contest its terms by lodging an application with the Court for an order for provision to be made out of the deceased's estate to you (known as the family provision application). Contesting a Will is often a confronting process, and there are a number of factors which you should consider when deciding whether or not to contest a Will. Things to Consider Adopting a 'human approach' to these situations can often make the process much easier. If you have an amicable relationship with the executor(s) and/or other beneficiaries of the Estate, you should consider whether or not you can voice your concerns in an attempt to reach a solution through common ground. When deciding whether or not you should contest a Will, there are a few questions that you should ask yourself about your current circumstances: Are you financially secure? Do you have any health concerns or disabilities? Are you independent? This is because not everyone is entitled to contest a Will. Eligibility is determined by the Succession Act 2006 (NSW). The Act states that the following are considered to be eligible persons who may make a family provision application within 12 months from the date of death of the deceased person: a spouse, a de facto spouse, child of the deceased, former spouse, a person who: was totally or partially dependent on the deceased at any time which need not necessarily be at the date of death of the deceased, except in the case of grandchildren, and was a member of the same household as the deceased at any time (for example, step-children or parents), or a person, whether or not related by family, with whom the deceased person was living in a close personal relationship as at the date of death of the deceased, and one or each of whom provides the other with domestic support and personal care at the time of the deceased's death. While all of these people may be eligible, there is no requirement for a will to treat all dependants equally. You should also consider what the total size of the Estate might be. The Court will be more reluctant to intervene in an Estate that holds minimal value. While a solicitor with experience in family provision applications will be able to help you determine whether or not your Application has reasonable prospects of success, it is worth your time to consider each of these factors and know that they may be relevant.

05.01.2022 Does job insecurity make people work harder? While some may believe job insecurity increases productivity by motivating employees to work harder, recent resear...ch has revealed the opposite. Employees exposed to job insecurity for more than four years can become less emotionally stable, less agreeable, and less conscientious, a study has found. And it’s not just employees who actually experience job insecurity firsthand. A perceived sense of instability in the job market can also lead to these shifts. Dr Lena Wang from RMIT, who co-authored the Effects of chronic job insecurity on Big Five personality change report, said this study adds to growing research that demonstrates the negative consequences of job insecurity. Traditionally, we've thought about the short-term consequences of job insecurity - that it hurts your well-being, physical health, sense of self-esteem, Dr Wang said. But now we are looking at how that actually changes who you are as a person over time, a long-term consequence that you may not even be aware of. The study used data from the Household, Income and Labour Dynamics in Australia Survey, analysing 1,046 employees’ answers about job security and personality over a nine-year period. Applying a personality model called the ‘Big Five’, the personalities of the respondents were categorised into five traits: emotional stability; agreeableness; conscientiousness; extraversion; and openness. Researchers found long-term job insecurity had a negative impact on conscientiousness, emotional stability and agreeableness. These findings go against commonly held assumptions about job insecurity, Dr Wang said. Some might believe that insecure work increases productivity because workers will work harder to keep their jobs, but our research suggests this may not be the case if job insecurity persists, she said. We found that those chronically exposed to job insecurity are in fact more likely to withdraw their effort and shy away from building strong, positive working relationships, which can undermine their productivity in the long run. The report’s lead author Professor Chia-Huei Wu from the University of Leeds said insecure employment can include short-term contracts or casual work, jobs threatened by automation, and positions that could be in line for a redundancy. However, Professor Wu said many worries about job insecurity are down to perception, and there are steps employers can take to reduce that. This is as much about perceived job insecurity as actual insecure contracts, he said. Some people simply feel daunted by the changing nature of their roles or fear they'll be replaced by automation. But while some existing jobs can be replaced by automation, new jobs will be created. So employers have the ability to reduce that perception, for example by investing in professional development, skills and training, or by giving career guidance. See more

04.01.2022 Because hazardous chemicals are present in almost every workplace and are often commonly used, people sometimes overlook the dangers these substances pose. But ...no one ever should. As with any other health and safety hazard, you have a strict legal duty to protect your workers and others from harmful exposure to any chemical. This means implementing a system to correctly identify, label, store and handle any potentially dangerous substance and ensure that your staff are properly trained in these procedures, especially in the event of a spill or an emergency. Whatever industry you are in. If you fail to do this, the consequences can be catastrophic. A few months ago, the Royal Hotel in Queanbeyan was ordered to pay $59,000 in penalties and costs after its kitchen hand inadvertently stood in an odourless and colourless alkaline cleaner thinking it was water. He suffered chemical burns to both feet, requiring three skin grafts and a month of hospitalisation. This accident would have been avoided if the employer took the correct action. Make sure you take every step necessary to avoid a similar incident occurring in your organisation to protect your workers and your business from prosecution. See more

04.01.2022 Can I empty the joint bank account? Separating from a de facto partner or spouse is an incredibly stressful event. It can happen suddenly, for example, when an affair is discovered, or it can be a slow winding-down of what started as a blissful and loving union. In either case, emotions run high and people are often justifiably fearful that their formerly beloved partner may unilaterally withdraw funds from joint bank accounts for their own benefit. This inevitably leads to b...oth parties considering whether they should access the funds first to preserve, or spend, them before the other can. There are scenarios where it may be necessary to withdraw joint funds; for instance, if there is a history of domestic violence and the partner trying to leave cannot support themselves, or where there are genuine gambling or addiction issues. However, except for those extreme cases, I would caution parties not to jump the gun and access joint funds without first seriously thinking about the consequences. Accessing joint funds without the other party's consent is a sure-fire way to cause further strain on what is already likely to be a tenuous relationship. It often results in the other party being more difficult in subsequent negotiations because trust has been completely eroded. Imagine the role was reversed and your recently separated spouse did this to you; do you think it would affect your behaviour towards them? You should never access joint funds during a period of separation with the intention of spending them extravagantly. For one, it will deplete your property pool. Secondly, it may be that, for family law purposes, those funds are notionally added-back to the pool as an asset of yours, even though they no longer exist. If you are genuinely concerned your ex, or soon-to-be ex, will access joint funds without consulting you, you can contact your bank and request that the account be immediately frozen. When that occurs, the bank will then only permit transactions that are jointly approved by both account holders.

04.01.2022 Cold-hearted text costs employer $12K The Fair Work Commission (FWC) has taken exception to a small business’s dismissal of a casual employee over text, which ...Commissioner Ian Cambridge described as unconscionably undignified. AFS Security 24/7 Pty Ltd dismissed its casual employee of more than two years with the following text: Effective immediately we no longer require your services as a casual patrol guard with AFS Security. When the employee texted back asking Please explain, he received no response. He then telephoned. The employer did not answer. The employee then drove to the company’s office and approached the director’s wife and payroll officer, who had messaged him, repeatedly asking for an explanation for his dismissal. She told him that as he was a casual employee, she was not required to give him an explanation. Further, the employer did not provide him with any documentation confirming the termination of his employment. The employee submitted to the FWC that he had been unfairly dismissed as he was employed by AFS Security regularly and systematically for more than 12 months. He also had a problem with being dismissed over text. As well as being disrespectful, he said the text message didn’t give him an opportunity to respond if there was anything to be discussed before dismissal. He also said that he had never been given any warnings or anything like a warning prior to the dismissal. In its defence, AFS Security said it had relied on guidance from the Fair Work website as it had no experience in HR. The director said the website stated that a casual employee does not have to have a firm commitment in advance from the employer about how long they will be employed for, or for the days or hours they work. The director also submitted that the employee's employment was not regular or systematic, and he did not have any reasonable expectation of continuing employment on a regular and systematic basis. Moreover, he argued that text messages were a generational thing and were the normal method of communication for the company. The only reason the director gave for the employee’s dismissal was in the application form he submitted before the hearing: His services as a casual employee were no longer required. However, Commissioner Cambridge found that the casual employee’s employment was regular and systematic and as he had completed a minimum employment period of 12 months, he was entitled to unfair dismissal protection. He pointed out that AFS Security did not comply with the Small Business Fair Dismissal Code where it states, unless an employee is summarily dismissed, that it must do the following: [T]he small business employer must give the employee a reason why he or she is at risk of being dismissed. The reason must be a valid reason based on the employee’s conduct or capacity to do the job. The employee must be warned verbally or preferably in writing, that he or she risks being dismissed if there is no improvement. The small business employer must provide the employee with an opportunity to respond to the warning and give the employee a reasonable chance to rectify the problem, having regard to the employee’s response. Rectifying the problem might involve the employer providing additional training and ensuring the employee knows the employer’s job expectations. Commissioner Cambridge said the employer simply believed that because [the employee] was described and paid as a casual it could dispense with his services whenever it felt like it, and with or without any reason. The true motivation for the dismissal of the applicant must remain something of a mystery as the employer offered no other explanation for the reason for the dismissal of [the employee] other than; ‘His services as a casual employee were no longer required’, he said. Employer lacked ‘basic human dignity' Unless there is some genuine apprehension of physical violence or geographical impediment, the message of dismissal should be conveyed face to face, Commissioner Cambridge said. To do otherwise is unnecessarily callous. Even in circumstances where text message or other electronic communications are ordinarily used, the advice of termination of employment is a matter of such significance that basic human dignity requires that dismissal be conveyed personally with arrangements for the presence of a support person and documentary confirmation. The procedure that the employer adopted whereby it advised the applicant of his dismissal by way of text message, and which was for undisclosed reason, was plainly unjust, unreasonable, harsh, and, unconscionably undignified. The dismissal of [the employee] with such perfunctory disregard for basic human dignity reflects very poorly upon the character of the individual or individuals responsible, he said. Commissioner Cambridge ordered AFS Security to pay the former employee $12,465 in compensation. See more

04.01.2022 Many businesses are being affected by challenging economic conditions. You may be thinking about pausing, changing, or permanently closing your business. When making these decisions, it's important to get advice from a registered professional law firm like Adams Legal. Be wary of advisers who may recommend inappropriate or illegal actions.... Untrustworthy or unregistered advisers may suggest things such as removing assets before a business is wound up. Watch out for red flags including: - people you don't know cold calling with advice - unsolicited letters, emails, or phone calls after you've been through court action with a creditor - advice to transfer assets to a third party without payment - refusal to provide advice in writing - suggesting they have a sympathetic liquidator who will protect your personal interests and assets - advising you withhold certain records from the bankruptcy trustee or liquidator - suggest you provide incorrect information to authorities - suggesting they deal with the liquidator or trustee on your behalf. If you follow inappropriate or illegal advice, you put yourself at risk. You could receive a fine, criminal conviction or even a jail term.

02.01.2022 The cheer of the festive season does not always extend to our relationships. Generally, the Christmas and New Year break is a time for celebration, however, it ...also has a reputation for being a peak period for separations and relationship breakdowns. For family lawyers the return to work can be one of the busiest periods of the year, as couples have called it quits after sharing one final Christmas together. In 2018 it was reported that about 119,000 Australians tied the knot. In the same year, however, about 50,000 ended their marriage. A study by the Australian Institute of Family Studies (AIFS) has concluded that about two out of five relationships will irretrievably break down. Family law practitioners are very aware that the jurisdiction involves heightened tensions with parties in high conflict. High conflict can range from parties simply refusing to speak to each other through to the tragic events that we saw in Brisbane last week. By far the most important consideration during separation is the welfare of children. If you you are concerned even in the slightest, about the welfare of either yourself or your children make sure you call one of our practitioners who will guide you to the organisation best equipped to suit your particular needs, whether that be for legal assistance or practical assistance and support to ensure yours and your children's safety.

01.01.2022 Alan Jones does it again. We recently reported on the Wagner family of Toowoomba who were the recipients of a damages awards in excess of $3 million after a court found that Nine Network Australia and their journalist Nicholas Cater falsely reported that the family was responsible for floods that led to the destruction of a town and the deaths of 12 people. But last year, Alan Jones and his broadcasters were similarly found guilty of defaming the family after the radio shock-...Continue reading

01.01.2022 MCDONALDS IN STRIFE: A McDonald's Queensland franchisee that suggested it could stop staff from using the toilet or drinking water outside scheduled breaks has been ordered to pay penalties totalling $82,000 in what sends a clear message. The Federal Court has ruled Tantex Holdings, which runs six Queensland restaurants to pay the Retail and Fast Food Workers Union $72,000 and former Brisbane crew member Chiara Staines $10,000.... However, this matter has only just begun. While the penalty may seem like a drop in the ocean for a global fast-food giant, today’s judgement in the Federal Court sends a clear message to McDonald's that fundamental workers’ rights are not up for negotiation. According to court documents, a general manager of a McDonald's franchisee, Tantex Holdings, had made a Facebook post telling a group of crew members the company was not obliged to let them go to the toilet outside scheduled breaks. "What this means is that if we implement this over our current situation, on your shift this 10 minute break would be the only time you would ever be permitted to have a drink or go to the toilet, the post wrote. Justice John Logan said the threat made by Mr Crenicean was a sinister one. There is a quality of cruelty to workers about it,’’ he said. Justice Logan found workers were entitled to use the bathroom when reasonable outside of their paid 10-minute breaks. After the retail union took a case to the Federal Court, in September Justice Logan ruled that Tantex was guilty of several contraventions of the Fair Work Act. Justice Logan found Tantex had failed to provide Ms Staines with 10-minute paid drink breaks. He also found the franchisee had recklessly made false representations about the rights of employees at its McDonald's Central Station restaurant in Ann St, Brisbane. The outrageous coercion of children by this employer which continues to employ hundreds of children and young workers was absolutely unlawful and it must now pay the penalties imposed on it.