Springdale Legal in Albany, Western Australia | Lawyer & law firm

Springdale Legal

Locality: Albany, Western Australia

Phone: +61 8 9842 7601

Address: Communications House, 125 Grey St West 6330 Albany, WA, Australia

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

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25.01.2022 Have a look at latest legal information at Springdale Legal, and ensure your contracts are as binding as they can be: https://springdalelegal.com.au/the-important-of-some-but-n/

23.01.2022 Article at https://springdalelegal.com.au/new-rights-to-access-your-o/ - New rights to access your own data - particular effect on banks.... The Australian Government passed legislation on 1 August 2019 to provide new rights for consumers and small businesses to their data from July 2019. The Treasury Laws Amendment (Consumer Data Right) Bill 2019 (Cth) provides a new "Consumer Data Right" (CDR), which will have a major impact particularly on the banking sector.

21.01.2022 Latest news at springdalelegal.com.au/news: Principles regarding the right to dispose of a body... how to ensure wishes are carried out... Have a read and if it is of interest, share it around!

19.01.2022 The second of two new articles at springdalelegal.com.au/news today: Recent criticism of the Australian Taxation Office, and remedies for taxpayers... Recent criticism has been levelled at the Australian Taxation Office, in that they are using disturbing and heavy-handed tactics to target small businesses....Continue reading

19.01.2022 The first of two new articles at springdalelegal.com.au/news today: Is farting towards an employee a breach of acceptable worplace behaviour? The recent case of Hingst v Construction Engineering involved an allegation that the plaintiff’s immediate supervisor deliberately farted in his specific direction. The case raises questions about what constitutes bullying and unacceptable workplace behaviour. Indeed, it raises questions about the potential consequences of even an invol...untary act for employees and employers. The Australian Public Serivce Code of Conduct, is particularly strict on the kind of behaviour which can constutite unacceptable worplace behaviour. In the public service, a mental element, such as knowledge, intent or recklessness, is not (usually) required to establish a breach of the code. In the case of Hingst, it was the termination of Hingst’s employment that led him to return obsessively to the flatulence episode, at which pint the alleged psycholgilcal harm had not manafiested. A reasonable person would not conclude in these circumstances that Short’s flatulence would humiliate, offend, intimidate or cause Hingst unnecessary hurt or distress, and the Court held that the flatulence did not breach standard of workplace behavour and give rise to compensation. Contrast this with the case of Bell v Boom Logistics, where an act of targeted flatulence was found to possibly attract dismissal, being an assault. However, this incident was manifestly targeted: as the victim stated, the perpetrator had his hand on his bum cheek, pulled his cheeks apart and farted in my face. Regardless, for any employer, farting, when it is part of a pattern of bullying or abuse, could give rise to a claim in negligence. In such cases, employees must establish that the harm was reasonably foreseeable and recognisable, and the employer failed to take reasonable steps to mitigate that risk. This is the standard for any workplace to avoid an adverse Court decision.

17.01.2022 Springdale Legal, proudly supporting Foodbank Albany.

12.01.2022 A fascinating new post on the Springdale website today regarrding the dangers of settling a matter without a proper Deed.... https://springdalelegal.com.au/deeds-of-release-do-they-wo/

12.01.2022 An excellent article on ABC News today - the mechanics, and importance of, preparing a Will in these COVID times. As the article says, you can write your own Will, but '...you're increasing the risk the will [might] fail or somebody will challenge it...' Of course, if you don't have one at all, the law decides where your Estate goes. As said in the article, "You've got to think about whether [engaging a lawyer] is an investment worth making." I might be biased, but I think, s...tarting at a few hundred dollars, it certainly is! Link: https://www.abc.net.au//coronavirus-wills-finances/12155576 See more

11.01.2022 A new post at springdalelegal.com.au/news: Changes needed to enforce the Unfair contract term regime... Since 2016, it has become evident many large companies have UCTs in their contracts (including UberEats, Visy Paper and JJ Richards), and while they have amended their contracts to remove the unfair term(s), they face no pecuniary penalty for the breach...

10.01.2022 A fascinating case has appeared this month in the US. Read more at https://springdalelegal.com.au/the-use-of-rap-lyrics-as-ev/ It demonstrates the utmost necessity of proper legal representation and advice.

09.01.2022 Newest info at springdalelegal.com.au/news: Are cryptocurrencies considered property for legal purposes (therefore can be included in a Will/Estate)? The recent case of B2C2 Ltd v Quoine Pte Ltd [2019] has confirmed that this new form of currency can be held to the same rules and restrictions as other more established currencies, and that it can be legally defined as property.... One key legal issue ultimately accepted by both parties related to how the relevant law was to be applied to cryptocurrency, taking into account the fact that it does not take the form of property in a traditional sense. Both the court and the relevant parties ultimately accepted that the law would treat cryptocurrencies as property - they did not need to create a new definition, as it fell within the current general definition of property being that it "must be definable, identifiable by third parties, capable in its nature of assumption by third parties, and have some degree of permanence or stability (National Province Bank v Ainsworth [1965] AC 1175). The Plaintiff claimed the defendant held their account earnings on trust for it, and the plaintiff destroyed it. The defence included: That the contract was void for "unilateral mistake" at common law; That the contract was voidable for "unilateral mistake" in equity; That the contract was void for "mutual mistake" at common law; and Unjust enrichment. The Court held in favout of the plaintiff and ordered that the cryptocurrency be returned by the defendant. With thanks to Mondaq.

08.01.2022 Springdale Legal has a new landline number - 0898427601. Please note in your contacts. The mobile phone number for existing clients remains unchanged.

08.01.2022 The first new post at springdalelegal.com.au/news for a while, but important in these difficult times.... COVID 19 - What types of relief are available from the ATO?

07.01.2022 A fascinating article on ABC News online today - How a digital death certificate could help sort out estate and tax matters when you pass. As stated in the article: 'The long and difficult process of sorting out deceased estates could be made easier by allowing digital "death certificates" or automatic notification using their Medicare number which is legally enforceable and shared between all layers of government.' Obviously, there are privacy concerns but in my view it would make what is often a long, difficult process somewhat easier. https://www.abc.net.au//how-a-digital-death-certi/12427254

05.01.2022 https://springdalelegal.com.au/lodging-a-caveat-over-real-/

02.01.2022 A new post at springdalelegal.com.au/news which could ensure immense difference in proceeds from your Succession Planning. Namely employing a Testamentary Trust to avoid tax when you pass... but beware adding to it!

01.01.2022 A big day in Legal News - enjoy some interesting reading at springdalelegal.com.au/news about: The value in a legal advice can often be the answers that weren’t anticipated How Unfair contract terms laws now apply to insurance!... Does a duty of good faith exist in contractual matters?... and A brief guide as to how a Will can be challenged... Information for individuals to large business. For any required clarification, contact us via the website. See more