Legal Articles
91: Problems With Divorce
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party. An Application may only be filed in the court after you have been separated for more than 12 months. For example, if you separate on 1 August then the documents cannot b...
92: Who Gets The Kids?
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent. They sensibly recognise that the interests of their children are best served by them spending quality time with both their mother and father, leaving a degree of flexibility in the arrangements and able to discuss any associated problems without undue friction. In considering wh...
93: Responsible Parents: The Legal Approach To Raising Children
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
Fundamental parental responsibilities
Under the Family Law Act 1975 (Cth), every parent has e...
94: The Role Of The Family Lawyer: Putting The
Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.
What is a property settlement?
This is the division of all ?property? between married or de facto couples who seek divorce or separation. ?Pro...
95: Employment Law - The Enforceability Of Post Employment Restraints Of Trade (vic.)
Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.
To acquire competitive business advantage in an increasingly globalized and networked world of pharmaceuticals, genetics, telecommunications, power supply and information technology requires the employment of highly qualified, well educated, experienced and clever employees.
Potential employers and employees are both well advis...
96: Employment Law - Workplace Bullying
Workplace bullying has been with us ever since the advent of the Industrial Revolution. Interestingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour. Research indicates that workplace bullying is widespread and that it is more prevalent that harassment. What is also interesting is that in New South Wales there is no statutory definition of bullying. In point of f...
97: Employment Law - What Type Of Employee Am I?
Sometimes people become confused as to exactly which category of employment they fall in to. Of course there is the permanent employee or the casual or part-time or permanent part-time or even the independent subcontractor. The real difference between the various categories of employment is whether there is a contract of service or a contract for services.
Employment arises in a number of contexts particularly given the social diversity of our workforce today. Due to job...
98: Bullying - Adults In The Schoolyard
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.
While the badly behaved child may be ordered to stay away from school for a day, a bully in the workplace risks paying for her or his mis...
99: The Importance Of A Will
If you do not make a will and die ?intestate? then your estate will be divided according to the law, regardless of your wishes.
The result is often not what you intended for your family. Property that you wish to keep in the family or provide to specific individuals may have to be sold. As an example the family home may have to be vacated and sold in certain circumstances.
Would you like to make special gifts or financial provision for children, grandchildren or other f...
100: Making A Claim Against An Estate
Family Provision Act Claims
Sometimes when a family member passes away some of the deceased?s relatives believe that they have not been adequately provided for in the deceased?s will.
These persons are often current or former spouses, de facto spouses, children or step children. Sometimes grandchildren also may make a claim as well as other persons who have, at some time, been at least partially financially dependant on the deceased and a member of the deceased's hous...
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