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Executors Take Care

Wills and Estate Planning January 16, 2014

Executors Take Care

A recent decision made in the Courts of Victoria highlights the importance of comprehensive Estate Planning and the need for Executors to take particular care when they are dealing with an Estate in which they may have a conflict of interest. In the case of Caruana and Ors v Caruana the son of the deceased was removed as the Executor of his Fathers Estate by the Court. And not only…

Work Place Sexual Harassment

Criminal Law Employment Law January 14, 2014

Work Place Sexual Harassment

In the decision in a case known as Ewin v Vergara (No. 3) (2013) the Federal Court has clarified the position under the Sex Discrimination Act 1984 as to what is a workplace for the purposes of unlawful sexual harassment. In this case the Respondent attempted to argue that common areas of the office, such as corridors or lavatories or kitchens were not the workplace for the purpose of this…

Conveyancing – The Importance of Property Searches

Conveyancing January 14, 2014

Conveyancing – The Importance of Property Searches

When purchasing your property it is important that searches are carried out to check that the seller has met their disclosure obligations, that warranties in the contract are correct and to obtain the information required to assist in your conveyance. It is important to ensure that all searches relevant to the purchase have been considered, and that the appropriate searches are conducted at the correct stage of the conveyancing transaction.…

Social Media Strikes Again

Social Media January 9, 2014

Social Media Strikes Again

The social media website Facebook has once again featured in litigation arising in the context of an employment relationship. In Little v Credit Corp Group Limited, the Fair Work Commission upheld the decision of the employer to dismiss Mr. Little and rejected his case that his dismissal was unfair. At issue were comments that Mr. Little had posted on his Facebook page. Mr. Little’s argument was that he had posted…

The Pole Dance That Never Ends

Family Law January 9, 2014

The Pole Dance That Never Ends

Unfortunately the cloud of uncertainty that has been hanging over Family Lawyers who deal with Prenuptial Binding Financial Agreements continues with the news that the husband in the now infamous case of Wallace & Stelzer, which has become known as the pole dancer case, has asked the High Court for permission to appeal the latest decision made by the full bench of the Family Court. This case is one in…

Moving Into Your New Home?

Property Law November 14, 2013

Moving Into Your New Home?

1) Arrange for your insurance cover over the property. Most contracts for the sale of residential property include terms that the Buyer is responsible for taking out sufficient insurance cover over the property, with the insurance policy to commence from the Contract Date.  Although this step may seem like common sense, occasionally this will be forgotten about or delayed.  If you are a buyer reading this and have not yet…

Tweeting About Employment Law

Employment Law October 31, 2013

Tweeting About Employment Law

Social media and employment law have again been the focus of litigation in Australia. Michaela Banerji was a public servant in the Immigration Department. Ms. Banerji also operated a Twitter account, anonymously, upon which she posted comments, many of which were critical of Government Policy as well as individual Politicians. In proceedings before the Federal Circuit Court of Australia, Ms. Banerji, who was subject to disciplinary proceedings by her employer,…

Electronic Communication – Have You Kept the Appropriate Records

Business Law October 30, 2013

Electronic Communication – Have You Kept the Appropriate Records

The use of Email in particular has become a common practice for parties to a contract to communicate. Just because you have saved the email that you have sent, if it comes to litigation, have you kept the necessary records? In the Electronic Transactions Act (Qld) 2001 it provides that you must keep, in electronic form – The origin of the electronic communications; The destination of the electronic communication; When…

Family Law Accredited Specialist

Family Law October 17, 2013

Family Law Accredited Specialist

Aylward Game Solicitors are delighted to announce that our Partner Ian Field achieved the status of Accredited Specialist in Family Law. The status of Accredited Specialist is awarded by the Law Society following a rigorous process of exams and assessments which are conducted every two years. These exams and assessments are truly challenging. Our congratulations to Ian, and for any clients who require specialist family Law advice he can be…

A Good Conveyancer Can Save You Many Thousands of Dollars

Conveyancing Property Law October 16, 2013

A Good Conveyancer Can Save You Many Thousands of Dollars

Two recent cases which came before the Queensland Courts illustrate very well the vital importance of ensuring that the Conveyancer that you appoint to handle your property sale or purchase is an experienced and high quality practitioner. In the case of Filmana Pty Ltd & Ors –v- Tynan and Anor, at the heart of the dispute was the question of whether the contract for the sale of the property in…

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