Relocation After Separation
Sometimes, after a separation, one parent is desirous of relocating with the children. Be it another suburb, another State or another country, there may be detrimental consequences if the relocation is not executed pursuant to the law. Here are some things you need to consider if you are a parent wanting a sea-change when your ex-spouse is resistant to the move. 1. Meaningful relationships The children have a right to have a meaningful relationship with both parents and they also have the right to be protected from harm. In weighing up whether a relocation with the children is the best… Continue Reading
Estate and succession law is built on one central pillar: preparedness. We draft wills to ensure our loved ones receive our assets when we cannot distribute them ourselves, and we sign Enduring Powers of Attorney so that in the event we cannot make decisions, someone we trust can. The lesser-discussed Advance Health Directive (AHD) is yet another example of preparing for the unknown. What is an AHD? AHDs provide principals with an opportunity to provide or withhold consent with respect to certain medical treatments and health care practices. The documents sit dormant, with no effect, until such time that the… Continue Reading
There has been some commentary in relation to the imprisonment of Parties embroiled in the Family Law system. Recently, the Full Court of the Family Court of Australia overruled a decision where a Father had been ordered to serve a term of imprisonment for 12 months for failing, refusing or neglecting to provide full and frank disclosure in a property matter. The Full Court opined that the husband’s imprisonment constituted a gross miscarriage of justice. Suffice to say, the real issue is about Contempt of Court versus Contravention of an Order. Granted, the primary judge of this case was found… Continue Reading
The Australian Government introduced draft legislation in October 2018 to modernise the Australian business registers and to provide a legal framework for director identification numbers (DIN). Who is affected? You are required to apply for a DIN: • Within 28 days of being appointed as an eligible officer; or • Within 15 months if you are already an existing eligible officer; or • Within 28 days if you are directed to do so by the Registrar. An eligible officer includes a director of a company, or of a body corporate that is a registered Australian body or registered foreign company… Continue Reading
For most members of the general population, the Australian Government’s new online health database will simply be a convenient centralised electronic catalogue, containing patients’ information and histories, available for access by authorized health professionals. The My Health Record system, which is opt-out (meaning that all Australians who do not actively opt-out will have a personal profile created on the system) promises to facilitate more comprehensive, thorough and accountable patient file management for Australian patients. However, the concept of the system has not been introduced without criticism: growing concerns, particularly with respect to cybersecurity and patient privacy, led to a Senate… Continue Reading
The convenience and flexibility of split-payment arrangements are very enticing for many Australian shoppers. “Buy now, pay later” services such as Afterpay, ZipMoney and Ourpay offer retail consumers the ability to take home items instantly and pay them off in four fortnightly, interest-free instalments. Over the past three years since its launch, the popularity of Afterpay has continuously grown exponentially. More than 10,000 retailers offer Afterpay in-store and/or online, and over 2.3 million Australians have used the platform during a transaction. Recently, Afterpay has expanded from solely servicing the retail market, with airlines such as Jetstar now allowing customers to… Continue Reading
As of 1 January 2019, separated partners who have initiated proceedings in the Federal Circuit Court in relation to their parenting or property matters may seek a Judicial Mediation. This means that a judge may act as a mediator on a matter which is not in their docket. In order to qualify for a judicial mediation, both parties must be legally represented unless the docket judge determines that the matter is suitable for judicial mediation where one or both parties are self-represented. Judicial mediations may assist parties in the resolution of parenting or property matters. If the matter is in… Continue Reading
The lines dividing the roles of employee and independent contractor are becoming increasingly blurred. Organisations reliant on the label of the latter to protect them from employer obligations such as minimum wage, superannuation and leave entitlements are now facing the pressure of discerning ‘substance not form’ debate. Workers from various sectors, particularly within the gig economy (think Uber and Foodora), are campaigning against the unsupportive working conditions they face as independent contractors. Recently, the Fair Work Ombudsman launched legal action against Foodora on the basis that the delivery organization engaged in sham contracting. As outlined in an earlier article, sham… Continue Reading
According to the Australian Securities and Investments Commission, nearly half of all Australians die without a valid will, or ‘intestate’. The legal and procedural complications that can arise in the event of intestacy can be both costly and time-consuming. What is a will? A will is a legal document that provides directions with respect to how you would like your estate to be managed and distributed after your death. It allows you to choose someone to administer your estate (i.e. your executor), enables you to provide specific directions or instructions regarding a particular issue (such as funeral arrangements or nominating… Continue Reading
Effective from 1 July 2018, the Federal Government has amended the GST law with respect to the sale of residential property. If you are selling: 1. New residential premises; or 2. Potential residential land, then at the settlement of your sale, a cheque in the sum of the GST payable on the transaction will need to be given from the sale proceeds and paid by the seller immediately to the Australian Taxation Office. In other words, either 10% of the GST-exclusive purchase price or, if the margin scheme applies to the transaction, then 7% of the purchase price will be… Continue Reading
