Empowering you with the Legal Insights you need to know
Relocation disputes remain among the most difficult parenting matters in Australian family law. They arise where a parent’s legitimate need to relocate – whether for employment, family support, safety, affordability or a fresh start after separation – conflicts with the child’s need for stability and continuing relationships. Although these cases are often framed as a
Preparing for your first appointment with a family lawyer can make a significant difference to how productive and cost-effective that meeting is. Coming organised allows your lawyer to quickly understand your situation and give you clear, practical advice. Start by bringing a brief written summary of your relationship history. This should include key dates such
From July 1st, changes to Australia's Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to law firms and other professional service providers.
Why starting early makes all the difference The Myth of the ‘Succession Event’ Most farming families assume succession is something that happens at retirement or worse, at death. In practice, the succession plans that we have seen work are those that start early, evolve over time, and are treated as a process, not just a
Taking, sending, receiving or saving sexual images can have serious legal consequences, especially if anyone involved is under 18. In the following article, Moin Morris Schaefer explains what the law says and how to help your kids stay safe. For many young people, sending selfies or private photos seems like a normal part of growing
Non-Disclosure & Confidentiality Agreements Information and intellectual property are a valuable asset class for commercial enterprises. There are many occasions where it may be necessary for a business to share sensitive information with a third party, such as: – negotiating with a potential new business partner or investor; – negotiating a new contract with another
Ten days of paid leave is now available to Australian employees experiencing family & domestic violence. A historic change for Australian employees is set to begin on 1 February 2023 as 10 days of paid family and domestic violence (FDV) leave will replace the current 5 days unpaid leave under the National Employment Standard (NES).
Chubb Review into carbon credits scheme confirms integrity Following criticisms that the Australian Government’s carbon credits scheme lacked integrity and was failing to deliver real reductions in emissions, an independent review of Australian Carbon Credit Units (ACCUs) and the carbon crediting framework, led by former Chief Scientist, Professor Ian Chubb, has concluded that the scheme
Business partnerships do not always last the life of the business. If you part ways with your business partner/s, you will want to split the sheets as tidily and cleanly as possible. Some of the same breakup principles that apply to a divorce, apply equally to business partners separating. Breakup document If your business is
You own your farm – but who owns your farm data? The rise of data utilisation for commercial purposes in farming is well under way. Farm data is a valuable asset class for farmers and land owners. What does ownership of data mean? Being the owner of the farm data means the farmer can: ·
This is a commonly asked question at the beginning of many family law property matters, and the answer is yes. In property settlement matters, the Courts imposes an obligation on all parties to provide to each other full and frank financial disclosure relevant to their individual financial circumstance. Providing your full and frank financial disclosure
As of 1 September 2021, the Federal Circuit Court of Australia (FCC) and Family Court of Australia (FCA) will merge to become the Federal Circuit and Family Court of Australia (FCFCOA) following the passing of legislation in February 2021 to amalgamate the two Courts. Previously, it has been commonplace for the majority of family law
Protecting your IP The Intellectual Property (IP) of a business can be an extremely valuable asset, and one that sets that business apart from the rest of the market. Well drafted contracts and deeds of assignment and IP registration are important methods of protecting the IP of a small business. Protecting your IP can increase
Conveyancing is the process of formally transferring the ownership of property from the vendor (seller) to the purchaser (buyer). If you are thinking of selling your home you should contract your solicitor as soon as possible to ensure that you comply with your legal obligations. If you fail to comply, the purchaser may be entitled
Protecting your intellectual property The 2010 film The Social Network shows the start of the Facebook phenomena and what can happen when someone claims that their intellectual property has been stolen. Mark Zuckerberg is now a billionaire and Facebook is one of the best known brands in the world. But just imagine if the Winklevoss
Conveyancing is the process of formally transferring the ownership of property from the vendor (seller) to the purchaser (buyer). So you’ve decided to buy a property but don’t know where to start! Whether you are buying a home to live in, vacant land to build on or buying for investment purposes, here’s a quick guide
With the festive season only weeks away, it can be an emotional time negotiating parenting arrangements for the Christmas period. Sometimes partners cannot agree on a changeover time, or distance makes it difficult to make considered arrangements. Despite its challenges, it is in your child’s best interests to keep the Christmas stress and potential disputes
Section 18 of the Australian Consumer Law prohibits misleading and deceptive conduct. The text of the section is quite simple: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This simple section has enormous power and surprising breadth. It has been
For many business owners, the COVID-19 pandemic has significantly impacted their ability to meet their obligations under a commercial lease. This has a flow-on effect to landlords who may also be struggling financially during this period, creating tension and leading to rental disputes. This brief discusses current legislative responses to the impact of COVID-19 and
We are often asked what is Probate? Some clients believe that it is some form of inheritance tax or government levy on estates. Probate is simply official recognition from the Supreme Court that an executor has the right to administer an estate according to the terms of a will. It also confirms the validity of
We officially have another lawyer! Congratulations to Chloe Harrison who has been admitted to the Supreme Court of NSW as a solicitor. Chloe has been with us for many years and we are excited about supporting her through the next stage of her career.
“More and more, she was experiencing a growing distance from her self-awareness. Her sense of Alice—what she knew and understood, what she liked and disliked, how she felt and perceived—was also like a soap bubble, ever higher in the sky and more difficult to identify, with nothing but the thinnest lipid membrane protecting it from
The word is out – landowners are realising that they can make a sizeable income while reducing Australia’s greenhouse gas emissions and improving productivity! Win , win, win. Background – ACCUs Among the Federal Government’s initiatives to reduce greenhouse gas emissions is the Climate Solutions Fund, previously known as the Emissions Reduction Fund. Administered by
Moin Morris Schaefer recently sponsored “Random Abandon” in the 2019 Shitbox Rally, which raised an impressive $2.3M for cancer research. Well done to Random Abandon and Mick & Deb Friend for completing the trip!
I am buying off the plan. How do I know what I am buying? Considerations Buying a home is often described as one of the most stressful times in your life. At the same time it can be exciting and completely nerve wracking. Most of us only buy a home a few times during our
When you make a loan, or a supplier or other person has a liability or debt to your business, it is important to ensure that you have a proper security to protect you, and to prevent you from being last in line to claim the debt owed to you. There are a range of security
“What I don’t like about office Christmas parties is looking for a job the next day.” – Phyllis Diller So your Christmas work party promises to be a cracker this year? Big bar tab, lavish dinner? Pub get together with free drinks and some fabulous karaoke? Whatever is planned, employers and employees should take note
To Sell or Not to Sell? The Impact of Coronavirus on an Executor Administering a Deceased’s Estate The impact of the coronavirus has seemingly begun to permeate our everyday lives. Not only do we appear to be running out of toilet paper on an unprecedented scale, but we are beginning to feel the effects of
Parenting Orders and COVID-19 What does it mean for me and my family? These are challenging times for everyone, and it may be made more uncertain with matters concerning children. If you have Parenting Orders (formal Orders made by a court), or agreement, it is our advice that you still meet your obligations and requirements
As we are all aware, on 22 March 2020, the Prime Minister, state and territory Premiers and Chief Ministers agreed to implement new restrictions beginning midday 23 March 2020. Accordingly, pursuant to Public Health (COVID-19 Places of Social Gathering) Order 2020 made on 23 March 2020 by the NSW Minister for Health, certain places of
We’ve made it quick and convenient for you to manage your blog from anywhere. In this blog post we’ll share the ways you can post to your Wix Blog. Blogging from Your Wix Blog Dashboard On the dashboard, you have everything you need to manage your blog in one place. You can create new posts,
What are your options if you haven’t been paid on time, haven’t received your payslip or haven’t been paid at all? What and when is my boss supposed to pay me? As an employee, you have a legal entitlement to be paid a wage for work you perform, and your employer must also make minimum
Eligible Persons If you talk to someone at the pub or water cooler, you can be mistaken for thinking that Wills are worthless as “anyone can contest a Will.” However, the law in NSW has strict categories in relation to who is eligible to challenge a Will. The categories are: De facto relationships are determined
Indemnities and Disclaimers / Limitations of liability The riskiest clauses in your contract with your supplier / contractor / landlord / tenant are the indemnity and limitation of liability clauses (often called a disclaimer). Nearly all contracts have these clauses. What do those clauses do? In the indemnity clause you promise to pay compensation to
Despite the best intentions not all relationships last forever. When a marriage or de facto relationship ends the parties are legally able to seek a property settlement (in other words dividing up the assets of the relationship that are owned separately and together by the parties including your superannuation.) With a property settlement all of
We have a national champion in the ranks!! Congratulations from all the MMS team to our very own Tammy Henshall who is the national trap shooting champion. Tammy shot an amazing 550/550 targets, only requiring her second barrel on 5 occasions! Tammy has qualified to represent Australia at the World Championships in the UK next
The Royal Commission yesterday announced the start of its witness hearings, with the first to begin on the 11th of February for three days, and continue the following week for five days from the 18th to the 22nd (you can view the details here https://agedcare.royalcommission.gov.au/hearings/Pages/hearings/2018/adelaide-hearings-1.aspx ) This announcement follows the first public hearing last month
Most lawyers should be familiar with the concept of the Personal Property Security Register, which allows someone with a security interest in a piece of personal property to register that interest – much the same as a bank registering a mortgage over land that it has loaned money against. Personal property is any property that
Dismissal from employment occurs not only as a result of the employer directly sacking the employee, but also occurs when an employee is ‘forced’ to resign because of the employer’s actions, for example the employer has not paid wages. The Fair Work Act provides remedies for workers who have been ‘unfairly’ dismissed if the worker
The Royal Commission into Aged Care Quality and Safety kicks off tomorrow in Adelaide with its first public hearing (Watch it here LINK: http://webstreaming.lawinorder.com.au/acrc ). At the hearing the Commissioners will set out their vision for the operation of the Royal Commission and explain how the hearings will be conducted. Evidence from witnesses will be
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