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Showing posts from December, 2022

Mental Illness in the Workplace

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DID YOU KNOW? Did you know that one in five (5) Australian adults experience some form of mental illness every year? This serious illness has increased over the past 5 years, which now have seen around 45% of Australians aged between sixteen (16) and eight-five (85) experiencing a mental illness at some point in their life. As we all know, unfortunately, mental illness or any form of illness doesn’t just stop at home. You live majority of your life at work and thus wherever you go your illness may shadow. As an employee, you may develop a mental illness prior to your employment or during your current employment and without a good support system and ongoing work strategies you may be in a worse off position. As an employee, you need to know your rights and privileges at a workplace if it is affecting your day-to-day life. You deserve a workplace that ensures a safe and healthy environment. EMPLOYERS AND MANAGEMENT ROLES All employers and management roles require appropriate steps to be ...

Minority Oppression in the context of Corporations Act (Cth) What constitutes oppressive conduct?

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This article briefly examines the circumstances wherein the conduct of a majority shareholder or a director of a company can be considered oppressive and when it may not. The list is not meant to be exhaustive as every case turns on its own facts. Where is the starting point? Section 232 of the  Corporations Act  2011  (Cth) defines oppressive conduct as conduct that is contrary to the interests of the shareholders as a whole. This means that the conduct should be examined as a whole within the context of the full circumstances of the particular case. Oppressive conduct in a nutshell The list can be wide, however, for the purposes of this article, any conduct, specifically, by a majority shareholder or a director of a company that is tainted with unfairness, harsh, unjust or inequitable is said to be oppressive. Can I bring an oppression action against a company in liquidation? The short answer is no  unless the liquidator consents or the shareholder is able to persu...

How to Save Costs on Your Next Property Conveyancing Transaction

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With Slater + Gordon announcing the closure of their Conveyancing Works division, it is timely that Aylward Game Solicitors have launched their partnership with Nectar mortgage brokers to offer high quality, full service residential  conveyancing  at a discounted rate. Clients who arrange their finance for the purchase of a home through Nectar and engage Aylward Game Solicitors to undertake their conveyancing will benefit from a reduced cost of conveyancing. As a result of the partnership between  Nectar  and  Aylward Game Solicitors , Aylward Game will apply the commission received from Nectar to reduce their standard professional fees for arranging the conveyancing on a residential property purchase – reducing your cost without compromising quality. Conveyancing in Queensland is complex and is affected by at least 20 different pieces of State and Federal legislation, contract conditions, extensive case law and practice guidelines. Many things in a conveyance m...

Is The Bar Marginalising Mediators?

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IN THE NEWS Bar Marginalising Mediators This is the name of an article that appeared in  The Australian’s  Legal Affairs section on Friday 22 July 2016. Every Barrister when they start out, at least for a fleeting moment, aspire to the exalted rank of Silk. They yearn for those post-nominals, QC (Queens Counsel). Like the armed forces have the SAS, the law has the QC. Perhaps the ambition is so fierce that they dream of a legal textbook bearing their name, the QC post-nominal and authoritatively on the inside cover  ‘One of Her Majesty’s Counsel Learned in Law & Equity’. Then reality takes a bite. Those post-nominals demand an increase in fees that price the poor QC out of the market, and they find themselves less busy. Maybe they are not elite enough to be a QC (not every Rugby player can play for the Wallabies or the All Blacks). Maybe they just do not want the post-nominals (there are many ‘Junior’ barristers on far more money than QC’s with heavier and higher prof...