Will Contests and Estate Disputes – an Overview
In Australia, there are legal avenues available to individuals who wish to contest a will or challenge the distribution of an estate. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal processes and the reasons estate disputes arise can help individuals navigate these challenging situations. Validity Challenges One avenue for disputing a will is to challenge its validity. This can occur if there are concerns about the mental capacity of the deceased...
12 Apr 2024 Read MoreWhat happens when a contract is breached?
Contracts are a common tool used throughout our lives to create legal relationships between parties to define what actions people will take. If you have entered a contract with another party, you are obligated to abide by the terms and conditions of the contract. Any failure to perform an obligation required by the contract, including if you don’t complete an obligation within a time limit set by the contract, will be a breach of contract. If a breach of contract...
12 Apr 2024 Read MorePromoting Gender Equality in the Workplace
Promoting gender equality in the workplace is not only a legal obligation but forms a key part of creating a fair, inclusive, and successful organisation. By understanding the concept of gender equality, complying with relevant legislation, and implementing effective systems, employers can help foster a workplace culture that supports equal opportunities, breaks down barriers, and empowers all employees. What is Gender Equality? Gender equality refers to equal rights, responsibilities, and opportunities for individuals regardless of their gender. In the workplace,...
12 Apr 2024 Read MoreThe Benefits of a Non-Disclosure Agreement
An enterprise’s confidential information such as trade secrets, processes and key contacts are all valuable assets that should be protected during the course of a business’s commercial operations, negotiations and transactions. One effective tool for safeguarding confidential information is a Non-Disclosure Agreement (NDA). An NDA establishes a legal framework for maintaining confidentiality, instils trust in business relationships, deters breaches, and provides legal recourse in case of a violation. By including key terms such as the definition of confidential information, purpose...
12 Feb 2024 Read MoreDue Diligence when Buying an Existing Business
If you are thinking about a new venture, expanding an existing business or entering a new market, one option you might consider is to buy an established business. There are advantages and disadvantages when buying an existing business compared with starting your own. Considering the pros and cons of each, and carrying out any due diligence beforehand to assess the value, risks, and potential of a target business will help you make an informed decision. An experienced lawyer can help...
12 Feb 2024 Read MoreDismissing an Employee – Key Steps and Processes
Terminating an employee in Australia can have significant legal and financial implications for an employer if not handled correctly. However, employers can mitigate risk by understanding and complying with their legal obligations and approaching employee termination with professionalism. This article discusses the key considerations for employers when contemplating employee termination, with a focus on the Small Business Fair Dismissal Code. Compliance with Contracts and Awards Before dismissing an employee, employers should review all employment contracts, modern awards, or enterprise agreements...
12 Feb 2024 Read MoreSurveillance in the Australian Workplace – is it legal?
In the modern era of advanced technology, the issue of employee surveillance and privacy in the workplace has become increasingly relevant. Workplace surveillance can take various forms, including video surveillance, computer monitoring, telephone monitoring, email monitoring, and GPS tracking. There are certainly legitimate reasons for employers to monitor their employees using these means, such as ensuring productivity, preventing theft, or maintaining cybersecurity. However, in Australia, employee surveillance is subject to legal regulation, and employees have certain rights regarding privacy and...
4 Dec 2023 Read MoreThe importance of estate planning before capacity becomes an issue
We should all plan for our future. Certainly, we should all have a current will, especially those of us who need to make special arrangements for the care of children or pets. Many of us would also benefit from making a formal arrangement to account for a time when we could find ourselves unable to make our own decisions, such as by making an enduring power of attorney or an enduring power of guardianship. However, it is important to understand...
4 Dec 2023 Read MoreHeads of Agreement – key terms and considerations
A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or “Memorandum of Understanding”. So, what do these terms actually mean? Simply put, they refer to a preliminary agreement, a document that is signed before the parties are ready to enter into a final agreement....
4 Dec 2023 Read MoreManaging confidential employee records – duties as an employer
As an employer, you should be aware that you owe your employees obligations in relation to any personal information they have disclosed to you. Information about an employee collected by an employer is considered personal information under the Privacy Act 1988 (Cth) (Privacy Act). What is defined as “personal information”? The Privacy Act defines personal information as: "Information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether...
16 Oct 2023 Read More
