Posts

When is Child Support Applicable and What Does It Cover?

Image
Child Support Cover:  The financial well-being of the children is always of the highest consideration when couples  separate or divorce . If one parent has custody of the children, for the most part, that doesn’t mean the other parent is no longer obligated to offer financial assistance for the expenses of the children. So what things does child support typically cover? The general and the rather broad list includes: Schooling Medical costs Food Housing Clothing Extracurricular activities Generally,  child support  is paid by the partner with more income, but less time with the children.  The amount is typically negotiated depending on the state of the relationship after the breakdown of the marriage or  de facto partnership . To have an idea of how many children support you might likely be required to pay,  you can visit the  Child Support Agency  (CSA) website and make use of their  child support calculator ,  which takes into acc...

Professional Reputation and the Google Review What if the Review is False or Defamatory?

Image
This article aims to analyze the recent decision of the Federal Court of Australia in  Musicki v Google LCC  [2021] FCA 1393 in which the Court ordered that Google LCC give discovery to the Prospective Applicant of all documents that are or have been in the Google LLC’s possession. (defamatory) Who is who? According to the facts of the case, the Applicant (Dr. Korana Musicki) is a specialist vascular and endovascular surgeon with considerable international experience.  Her referral basis in Australia is largely greater Melbourne and Victoria regions. She also treats patients from interstate and her market is Australia-wide. Further, the Applicant’s petition to Court deposes that an anonymous reviewer, described as “Dave Cross”, has posted a number of false and defamatory criticism of Dr. Musicki in Google Reviews. She contended in the Court document that David Cross was not a patient of hers. She complained in her Application that the name was a “made up pseudonym” and th...

Proof Of Purchase: Should I Obtain Receipt For My Purchase?

Image
This article aims to briefly discuss some of your consumer rights when purchasing a product from any retailer or wholesaler. Why should I care to obtain a receipt for my purchase? You always want to make sure that you obtain a receipt for your purchase. Think of a scenario where you purchase a product from a supermarket and as soon as you reach home you find that the product is faulty and that you need to replace it.  Some retailers are relaxed when you wish to exchange the product in the prescribed return period if you paid using your credit card.  But, the issue about the proof of purchase becomes bumpy when you paid cash to the retailer. You also need to obtain and keep your receipt in case you need to repair,  replace or refund the product to the retailer or the wholesaler.  It is always prudent to find out the repair, replacement, and refund policies for every item that you purchase whether using a credit card or cash. My purchase was only $2, is the seller obli...

Mental Illness in the Workplace

Image
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?

Image
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

Image
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...