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Mutual Trust and Confidence

Employment Law August 29, 2013

Mutual Trust and Confidence

Some of our other articles have highlighted that the Fair Work Act seems to be forever changing, with new obligations falling on employers as a result of changes to the legislation. The Full Court of the Federal Court has now added to the changing landscape in a decision made in the case of Commonwealth Bank of Australia and Barker. In this case the court held that there is an implied term…

Capital Gains Tax and Overseas Residents

Articles August 13, 2013

Capital Gains Tax and Overseas Residents

Recent changes to the Capital Gains Tax 50% discount regulations mean that Australian residents who have lived overseas or foreign or temporary residents in Australia need to take particular care when calculating any Capital Gains Tax payments that need to be made on any CGT event which occurs after the 8 May 2012. This includes individuals in their own capacity or as beneficiaries of trusts or partners in a partnership.…

Gold City Councils Local Law 17- Potential Rights to Terminate

Property Law August 7, 2013

Gold City Councils Local Law 17- Potential Rights to Terminate

The Local Law 17 which relates to the maintenance works and waterway areas commenced 5 July 2013. Broadly speaking Local Law 17 imposes disclosure requirements for Sellers and provides potential termination rights for Buyers. A useful information sheet has been issued by the Gold Coast City Council (“GCCC”). This may be found at http://www.goldcoast.qld.gov.au/local-law-no-17-maintenance-of-works-in-waterway-areas-2013-information-sheet-16990.html. The information sheet notes that disclosure requirements and potential termination rights relate to “relevant lots” which…

Fair Work Act Changes – Workplace Bullying

Articles August 1, 2013

Fair Work Act Changes – Workplace Bullying

The recent amendments to the Commonwealth Fair Work Act which are intended to address the issue of Workplace bullying have been passed and have been given a date to commence of the 1 January 2014, rather than the 1 July 2013 as had been originally intended. The new provisions in the Fair Work Act enable employees who allege that they have been the subject of bullying in the workplace to…

Preparing Wills and Estate Planning

Preparing Wills and Estate Planning

The rapid recent expansion of internet-based accounts and personal websites creates a new issue to be considered when undertaking the preparation of a Will or planning for the Administration of your Estate. It may well be appropriate for your Executor to access certain online accounts, particularly bank accounts or accounts with financial institutions which may contain assets or record liabilities which the Executor will need to deal with. However, it…

Changes to the Fair Work Act 2009

Articles July 19, 2013

Changes to the Fair Work Act 2009

Changes to the Fair Work Act 2009 which come into force from the 1 January 2014 deal with the right of employees to request flexible working arrangements. The right to request flexible working arrangements will be extended to employees in a variety of new and different circumstances. These will include employees over the age 55, those with caring responsibilities or employees with a disability amongst others. The right to request…

Sex Discrimination

Articles July 18, 2013

Sex Discrimination

The Federal government has recently passed Legislation which will amend the Sex Discrimination Act 1984. These changes will come into force once the amending Act has received royal assent. Once that formality has been completed then sexual orientation, gender identity and inter-sex status will become attributes that are protected from discrimination. In addition, same sex de facto couples will be within the protection of the marital status attribute which is…

Altruistic Surrogacy Arrangements

Family Law July 11, 2013

Altruistic Surrogacy Arrangements

The recent decision of the Family Court of Australia in the case of Mason and Mason and another, highlights the different outcomes that can result between the Surrogacy Act in Queensland and the more limited options available under the Family Law Act. Whilst this case was decided in New South Wales the outcome would have been very similar in Queensland. In the case of Mason, because the applicants to the…

Congratulations to Mark Game

Articles June 25, 2013

Congratulations to Mark Game

Aylward Game Solicitors extends its congratulations to Founding Partner Mark Game on him achieving the significant milestone of 25 years of Legal Practice. This is a significant achievement especially as he continues to focus on achieving the best outcome for his client’s with the same good humour as when he started in 1998. Congratulations to Mark from everyone at Aylward Game. Aylward Game Solicitors Contact

Mobile Legal Advice

Conveyancing Courts June 19, 2013

Mobile Legal Advice

In response to an increasing level of demand and a number of requests, Aylward Game Solicitors have formalised and formally launched their Mobile Lawyer Service. Although it was something Aylward Game often undertook in any event, they have now formally launched their Mobile Lawyer Service. Commenting on the development, partner Ian Field said he recognised that with the busy lives that many of us lead, it is not always possible…

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