Stacks Champion in Parramatta, New South Wales | Divorce & Family Lawyer

Stacks Champion

Locality: Parramatta, New South Wales

Phone: +61 2 9635 8266

Address: Level 3, 60 Phillip Street 2150 Parramatta, NSW, Australia

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• Estate planning solicitor
• Corporate lawyer
• Divorce & Family Lawyer

25.01.2022 With a myriad of laws and regulations governing tree disputes, it is important to know your rights before taking any action. Taking a chainsaw to your neighbour’s tree or cutting back roots could land you with a costly court case, even if the tree is damaging your property. http://ow.ly/bnJc50CIyky

25.01.2022 The underpayment of wages is becoming widespread in Australia. With several high-profile businesses being taken to court for wage theft, should harsher penalties be introduced to deter employers from this practice? http://ow.ly/ulOi50Atxz1

25.01.2022 A case in the Federal Court concerned a woman suffering from multiple sclerosis. She sought funding under the National Disability Insurance Scheme to pay for a sex worker. The agency administering the scheme denied her request, saying it does not fund such services. Which case won? http://ow.ly/YXDQ50BZdNF

24.01.2022 If you’re involved in a legal dispute, you may be required to attend a directions hearing in court. This hearing alerts all parties that there is a legal matter before the court and outlines the steps that need to be taken to resolve the dispute. The first directions hearing will usually direct the parties to begin mediation. http://ow.ly/gYIp50CAaax

24.01.2022 It is no defence to an assault charge for example, grievous bodily harm - to say that the victim consented to it. However, an exception is sexual assault, where the conviction or acquittal of the accused turns on the question of consent. This factor has been widely overlooked in the #MeToo debate. http://ow.ly/sjBy50zZrmx

24.01.2022 What happens if you make a handshake agreement in good faith, but the other person doesn’t complete their part of the deal? Can it be enforced? It may be difficult to prove that your handshake deal exists as you’d envisaged. http://ow.ly/8OyA50A9RSG

23.01.2022 The NSW Civil and Administrative Tribunal has ruled that a strata committee can ban every resident from bringing a pet into the building. The decision is highly significant for anyone considering moving into an apartment block. http://ow.ly/qniP50zWlnI

22.01.2022 The NSW Court of Appeal has ordered an insurer to pay $450,000 in workers compensation to the children of a woman who was killed by her de facto partner while working from home. The court found that she had died as a result of an injury that arose in the course of her employment. http://ow.ly/fC9l50Btha9

22.01.2022 While fashion designer Karl Lagerfeld reportedly left part of his $300 million inheritance to his cat, under Australian law, pets are legally defined as property and therefore are unable to inherit. However, you can secure the future care of your pet in your will. http://ow.ly/80lN50CFr16

22.01.2022 A man was injured shovelling earth into a tipper truck at work and made a claim under his TPD policy. The insurer denied the claim, saying that he was not totally and permanently disabled because he could still work part-time. The man argued that this was unrealistic. Which case won? http://ow.ly/QnNt50AZ3yC

21.01.2022 A recent NSW Supreme Court judgement ruled that major media outlets which publish articles on their websites or on social media can be held responsible for defamatory social media posts made by members of the public in response to those articles. http://ow.ly/dQEq50AAGYM

21.01.2022 A couple signed an off-the-plan contract to buy a townhouse with a lawn. The built property had a stormwater tank and timber deck instead. When the couple tried to rescind the contract in the Supreme Court, the developer said they couldn’t because it was only a minor change. Which case won? http://ow.ly/PUpB50BnGPn

20.01.2022 While the JobKeeper scheme was created with the best intentions, some employees have complained their employer has said they can keep their job only if they hand them back part of the JobKeeper payment. Others have had their hours of work reduced and their position reclassified from full-time to part-time employment. http://ow.ly/ATDr50zFTQp

20.01.2022 While the law might not specifically allow you to renegotiate the terms of a contract in light of Covid-19, there are three legal principles which might help you if you need to get out of a contract. These are termination of contract, frustration of contract and force majeure. http://ow.ly/nGh350AyF7f

19.01.2022 As the wave of Covid-19 infections subsides and life starts to return to normal, one big question is what will be meant by normal in a post-coronavirus world. For businesses dealing with organisational change, the only clear answer is that it won’t be the same as the old normal. http://ow.ly/W8fV50Ah4YQ

19.01.2022 Catfishing is the act committed on social media of luring strangers into relationships by creating fake online personas. It involves inventing a whole new person who exists only online, a fake individual who is far more attractive than the real person doing the catfishing. Is it legal? http://ow.ly/alcm50BHmEi

19.01.2022 A registered voter who failed to vote in a federal election was issued with a penalty notice. In response, he said that he had a duty not to vote, as voting was inconsistent with his personal religious belief in freedom. The Australian Electoral Commission disagreed. Which case won? http://ow.ly/vHI050zMijJ

18.01.2022 When it's time to untie the knot, it's important to remember that you remain financially entangled with your partner until the date consent orders are signed, or the date of the court hearing. You need to disclose all business loans, assets and liabilities. http://ow.ly/4DKl50AuySm

18.01.2022 A company which ran an escort agency made a complaint to the financial ombudsman when it was notified by its bank that its business bank accounts were being closed, because it operated in the adult services industry. The company disputed the bank’s decision. Which case won? http://ow.ly/z4wB50AMSoa

17.01.2022 A woman sought a family provision order in the Supreme Court of NSW after the death of a man, claiming she had been in a de facto relationship with him. However, the family of the deceased hotly contested the nature, extent and duration of the woman’s relationship with him. Which case won? http://ow.ly/qmEj50zn0P5

16.01.2022 A woman sought to shift her tax debt to her bankrupt husband during their divorce. The case compelled the High Court to decide whether one party in a relationship can be substituted for another when it comes to Commonwealth debts, like tax debts or Centrelink debts. http://ow.ly/90dt50CvdS6

16.01.2022 A house purchaser was duped into paying the deposit to a cybercriminal. When the vendor tried to terminate the contract for non-payment of the deposit, the purchaser sought an order from the NSW Supreme Court to restrain the vendor from doing so. Which case won? http://ow.ly/5jpL50CCcZ2

15.01.2022 Scrapping car rego stickers has helped the NSW government rake in $40 million per year in revenue, in what is an "unfair and loaded system", says Sydney lawyer John Gooley. http://ow.ly/DZ0E50Bkm0m

15.01.2022 For large numbers of businesses, closure and lockdown measures have meant that the only way of keeping trading and staying afloat has been to ask staff to work from home. But are there risks? And, if so, what precautions should be taken? http://ow.ly/hEgw50zmbag

15.01.2022 Many workers in NSW will now enjoy greater protection under the Workers Compensation Act if they contract coronavirus. It is to be presumed the disease was contracted by the worker in the course of employment and that the employment was a substantial contributing factor to contracting the disease. http://ow.ly/lgCv50A5HYS

15.01.2022 A man who had been found guilty of child sex abuse had his conviction quashed and a retrial ordered due to juror misconduct. It was discovered that a juror had visited the crime scene, taken photos and then shown them to three other jurors. These actions had grievous consequences. http://ow.ly/Z2FI50CvjIx

15.01.2022 Are you monitoring online reviews for your business? Under Australian consumer law, businesses are required to monitor all their online reviews, to ensure that consumers are getting an independent and honest opinion. Posting fake reviews online can land you with a massive fine. http://ow.ly/Aa9c50BbmfT

15.01.2022 In 2019 new penalties were introduced in NSW for low range drink driving. Drivers detected with an alcohol reading of between 0.05 and 0.08 now have their licence automatically suspended and receive a $572 on-the-spot fine. The same law applies to drivers with prohibited drugs in their system. http://ow.ly/wqZg50CBeHA

15.01.2022 Prompted by the Israel Folau case, the Australian government has drafted two versions of the Religious Discrimination Bill. Many believe that it enables some forms of discrimination, giving people the right to make harmful comments based on their religious beliefs. http://ow.ly/AMmj50AhcvL

14.01.2022 An Australian is suing Google for defamation after years of Google search results wrongfully linking him to Melbourne’s criminal underworld. In 2004, Mr Trkulja was accidentally shot amid a series of underworld murders. He then found that when his name was searched on Google, he appeared among well-known gangsters. http://ow.ly/k0Ej50AT3t8

14.01.2022 There are two ways to ensure your spouse can continue living in your home after you die, without disadvantaging other beneficiaries. By including a life estate or right of residence in your will, you can provide a home for your loved one for the rest of their life. http://ow.ly/PRTr50CGt6Q

14.01.2022 Figures released by Safe Work Australia reveal that work-related fatalities and non-fatal injuries are a continuing grim reality for the Australian workforce, particularly in the transport, postal, warehousing, agriculture, forestry, fishing and construction industries. http://ow.ly/Jq3N50BMFZb

14.01.2022 According to former officers of the NSW police force, the internal complaint system is easily manipulated and fosters a culture of bullying, racism, harassment and nepotism. This results in "pockets of toxic culture" where people are rewarded for sycophancy, not competence. http://ow.ly/8F6n50CNHj1

13.01.2022 Local Court has been considering jail sentences very closely because of the likely risks of exposure to COVID-19 to people going to prison. Given the delays caused by the current health emergency in getting court matters finalised, if a person is in custody and bail is refused, it is worth making a fresh bail application. http://ow.ly/4kW550zznQU

13.01.2022 Consumer protection legislation can impose astronomical penalties on companies which flout the Australian Consumer Law. Massive fines can be handed down for unconscionable conduct and for making false or misleading representations. http://ow.ly/CcFs50B5aAT

13.01.2022 A recent landmark decision in WorkPac v Rossato means that more than a million casual workers could be entitled to annual leave, sick leave, paid personal or carer’s leave and paid compassionate leave, if they have a firm advance commitment from their employer to regular and ongoing work. http://ow.ly/SXIf50zNkMz

13.01.2022 Are your workers classified correctly? A hefty penalty has been handed down to a bus company after it was found it had deliberately misclassified its bus driver employees as contractors and underpaid them. Remember to check the nature of your workers’ engagement and ensure they’re accurately classified. http://ow.ly/bQTY50BzGP0

13.01.2022 Nobody wants a legal dispute hanging over their head. Because of the upheaval in people’s lives due to coronavirus, now is a good time to reassess your case, remake a previous offer, or make a new offer, and finally reach a negotiated agreement to settle your dispute. http://ow.ly/Ea7v50zsGmz

12.01.2022 Workers compensation laws have been broadened in NSW, expanding the categories of protected workers who are compensated if they contract Covid-19. These include workers in supermarkets, cafes, childcare facilities and funeral homes. http://ow.ly/CNqc50Bs7j9

11.01.2022 A case heard in the Family Court concerned a dispute between a husband and wife over the division of assets after separation. The husband argued that an asset which he had brought into the marriage and which had significantly appreciated in value, should be his. The wife disagreed. Which case won? http://ow.ly/xNYM50BbcEr

11.01.2022 The restrictions due to the COVID-19 pandemic have caused major disruptions to court process and the criminal justice system in NSW. Matters are being adjourned for lengthy periods to reduce the number of people attending court, to protect court staff and comply with social distancing regulations. http://ow.ly/CJxF50zzbYB

10.01.2022 In the Supreme Court of NSW, the seller argued that it had lawfully terminated a contract for sale of land, entitling it to damages. The buyer countered that the termination of contract was invalid and that the seller, having repudiated the contract, should return the deposit. Which case won? http://ow.ly/WglC50zAcPt

10.01.2022 Almost everyone is struggling to understand the fine detail of the Australian government’s coronavirus response package. Will they qualify to receive some benefit, or for a moratorium or freeze on having to make some regular payment, or to repay a debt? How do they apply, and to whom? What kind of evidence do they need? http://ow.ly/E2WY50zgGIP

09.01.2022 In the Federal Court, a company selling high-end hair care products argued that a discount retailer selling a cheaper version of those products had contravened consumer law and engaged in misleading or deceptive conduct. The retailer argued it was merely executing a lawful business strategy. Which case won? http://ow.ly/sVVG50zZk3A

09.01.2022 A case heard in the Supreme Court concerned an adult transgender woman who was left out of her father’s will. She applied to the court for a share of his estate to fund her living expenses and to pay for transgender surgery. Her mother, who was the executor of the estate, defended the matter. Which case won? http://ow.ly/gXXh50BNJn6

08.01.2022 In a recent case where a woman died without a will, a dispute arose between her mother and her partner over the fate of her deceased body. To help determine who had the legal right to decide, the judge consulted her Facebook account. http://ow.ly/WmHC50CHwQO

07.01.2022 Because of the interconnectedness of our society, many measures aimed at helping some group deal with the impact of coronavirus have a negative effect on another group. Tenants and landlords are a prime example. Most residential and commercial leases don’t contain provisions helpful in dealing with the impact of COVID-19. http://ow.ly/uK5G50zhJmh

07.01.2022 Spotless Services was taken to court for refusing to pay redundancy entitlements to its sacked workers after losing two big contracts. While the company argued it was not required to pay the redundances, as the terminations were due to ordinary turnover of labour, the Court of Appeal ruled in favour of the sacked workers. http://ow.ly/fiBk50BDXKB

07.01.2022 Failure to follow the Small Business Fair Dismissal Code when sacking a worker has resulted in a Sydney gym being ordered to pay thousands of dollars in compensation. Although it was found there was a valid reason for the termination, the Fair Work Commission ruled that it was unfair dismissal. http://ow.ly/jxGF50ByE81

06.01.2022 Where children are involved in Family Court proceedings, their interests must come first. This includes doing whatever is possible to minimise their risk of infection with coronavirus as a first priority, regardless of how poor the relationship between the parents may be or how poisonous the history between them. http://ow.ly/yPvC50zrtzx

06.01.2022 Here is our very own Geoff Roberson being interviewed by Channel 7's "Sunrise" program outside the law courts in Macquarie Street today, for a story on dodgy share houses and tenants' rights. Don't touch that dial! Happy Friday everyone!

06.01.2022 Since the state government imposed the lockdown as a response to the coronavirus pandemic, we have noticed an influx of people from the community wanting to secure their estates by creating wills, powers of attorney and enduring guardianship documents. These documents can now be witnessed by video link. http://ow.ly/R0wE50zMglO

05.01.2022 New sentencing laws which came into effect in NSW in 2018 have had a significant impact on sentencing outcomes, with more offenders receiving community-based sentences. However, concerns remain with NSW police’s use of the Suspect Targeting Management Plan (STMP). http://ow.ly/xz2O50AoG2X

05.01.2022 Could a wealthy aunt cut her relatives out of her will and leave everything to her next door neighbours instead? Or did she not have the testamentary capacity to change her will? Find out what the court decided in this fortnight’s edition of Which Case Won. http://ow.ly/rdOi50CpGbG

04.01.2022 NSW tenants and landlords need to be aware of residential tenancy laws which started in March 2020. The changes are aimed at improving tenants’ rights, while also ensuring landlords have better control over the management of their properties. http://ow.ly/Q9ws50Bas3n

04.01.2022 Compulsory land acquisition is occurring at almost record levels across Sydney and regional NSW. For the people being forced out of their homes or having their investment property seized by the government, it is bad news. But every cloud has a silver lining. http://ow.ly/fiHb50A3C5I

04.01.2022 The Federal Court has found that sacking an employee who criticised the company’s client the government - did not amount to unfair dismissal. The employee claimed he was unlawfully dismissed because he criticised the government for failing to do enough to help victims of abuse in the Defence Force. http://ow.ly/A5df50BSPbh

04.01.2022 Despite a continued increase in smoking bans, there are still many smokers lighting up every day. So, what are smokers’ rights these days? Where can they legally smoke? Are they entitled to smoke breaks at work? And what happens if they breach smoking laws? http://ow.ly/euLw50BNTZ8

03.01.2022 Many people were surprised and outraged to learn that the black, red and yellow Aboriginal flag, which has become such a proud cultural icon for Indigenous Australians, is under the control of a non-Indigenous company. Anyone wanting to reproduce the flag must get permission from the copyright holder. http://ow.ly/KLWU50BF8CA

03.01.2022 The NSW Court of Appeal was asked to decide who was responsible for injuries caused by the collapse of a balcony at a rented property in Collaroy, in Sydney. Was it the managing agent, the landlord or perhaps even the tenant? Find out what the court decided in this edition of Which Case Won. http://ow.ly/TZKP50BZk53

03.01.2022 After serious building defects were discovered in Sydney apartment buildings, new laws were passed in NSW to protect buyers from shoddy building work. These laws give the NSW Building Commissioner the authority to inspect buildings and order that serious defects be rectified. http://ow.ly/2x5s50CyYuQ

02.01.2022 Are you aware that if you own overseas assets, they may not be covered under an Australian will? This case study explores the implications of owning assets in Dubai, but not having a United Arab Emirates will. Without the correct will, Sharia law will apply to determine the rightful heir. http://ow.ly/gmba50B3a8Q

02.01.2022 After a daughter paid off her parents’ mortgage, they transferred the property to her. She moved in and let them stay. When relations became hostile, she asked them to move out. They responded by placing a caveat on the title of the property and claiming she had promised they could live there for life. Which case won? http://ow.ly/BAuf50BAFNj

02.01.2022 A sales assistant employed by a large Australian retail chain claimed she had been unfairly dismissed by her employer. The employer argued that as a casual employee, she couldn’t claim for unfair dismissal. Find out what the Fair Work Commission decided in this edition of Which Case Won. http://ow.ly/ngmP50AbY1b

02.01.2022 Two landlords applied to terminate a residential tenancy agreement early, claiming undue hardship due to Covid-19. The tenants argued that the landlords were not experiencing undue hardship and that the lease should stand. Which case won? http://ow.ly/qEdZ50AAA8G

01.01.2022 In a case heard in NSW, a man left the illegitimate child he had never met out of his will. The child applied for a family provision order, seeking to inherit a share of his father’s estate. The executor of the estate objected. Which case won? http://ow.ly/Z1VH50AoyNM

01.01.2022 When it comes to business agreements, will a handshake deal hold up in court if things go wrong, or do you need a written contract? We explore how both verbal and written contracts work and when you should put your agreement into writing. http://ow.ly/C8Vo50AaNBc

01.01.2022 Be aware of the risk of social media defamation claims when you post or re-post online comments, reviews or links. Even sharing a link can be defamatory and Google can now be forced to reveal the identity of anonymous online reviewers. http://ow.ly/zbEK50AYgcK

01.01.2022 People who have recently spent months or sometimes years negotiating with their former partner to create a parenting plan or parenting orders, are now faced with another huge hurdle - the coronavirus pandemic, with government imposed lockdowns, social distancing and isolation rules drastically changing our way of life. http://ow.ly/Nh2M50zm1m0