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Five employ­ment law cas­es that shook the world: #4 No redun­dan­cy con­sul­ta­tion, no unfair dismissal

As part of a series of arti­cles we are exam­in­ing five employ­ment law cas­es that shook the world (or at least mem­bers of the Aus­tralian HR community). Sec­tion 385 of the Fair Work Act 2009 pro­vides that a claim for unfair dis­missal can­not be made if the dis­missal was a case of ​“gen­uine redun­dan­cy”…

No ring, not bind­ing? De fac­to rela­tion­ships and fam­i­ly law

When par­ties sep­a­rate, whether they be mar­ried or in a de fac­to rela­tion­ship, the same laws apply in rela­tion to the divi­sion of their prop­er­ty. Since 1 March 2009, de fac­to cou­ples and mar­ried cou­ples have been able to apply to the Fam­i­ly Courts for Orders for the divi­sion of prop­er­ty. Here…

My bags are packed, I’m ready to go. Should I stay or can I go?

In Brief Often sep­a­rat­ed par­ents find them­selves in a sit­u­a­tion where one of them wants to move to anoth­er city, state or even coun­try after they sep­a­rate. This is what’s called relo­ca­tion in fam­i­ly law. Par­ents often enter into par­ent­ing orders after they sep­a­rate. All is going well for a time and then…

Mar­riage, divorce and sep­a­ra­tion — when should you change your will?

In Brief Mar­riage, divorce and sep­a­ra­tion are all events which require you to change your Will. Marriage If you mar­ry it is imper­a­tive that you make a new Will. If you mar­ry after you have made a Will, the Will is auto­mat­i­cal­ly revoked (or can­celled). The only excep­tion to this rule is if the…

If you’ve signed a prenup­tial agree­ment and no longer agree to its terms, what can you do?

In brief — Your rights are limited If you have pre­vi­ous­ly signed a prenup­tial or post­nup­tial agree­ment and no longer agree to its terms, your rights are very limited. Bind­ing Finan­cial Agreements Pre or post­nup­tial agree­ments are known as Bind­ing Finan­cial Agree­ments. Bind­ing Finan­cial Agree­ments allow par­ties to con­tract out of the Fam­i­ly Law…

Sep­a­ra­tion, divorce, chil­dren & over­seas trav­el — Pre­vent­ing inter­na­tion­al parental child abduction

Did you know that Aus­tralia has one of the high­est per capi­ta rate of inter­na­tion­al parental child abduc­tion in the world with more than 250 cas­es every year? In a mul­ti­cul­tur­al coun­try such as Aus­tralia, with an increase in the move­ment of fam­i­lies leav­ing Aus­tralia for work, par­ents and chil­dren hav­ing dual…

My bags are packed, I’m ready to go. Should I stay or can I go?

In Brief After sep­a­ra­tion, it is not unusu­al for one par­ty to want to move from the city or town in which the fam­i­ly resided, to anoth­er city or state – often to return to the par­en­t’s own fam­i­ly of ori­gin. This is called relo­ca­tion in fam­i­ly law. In almost all…

I’m late com­ply­ing with Fam­i­ly Court Orders, no one will mind

Not nec­es­sar­i­ly. In a recent Fam­i­ly Law case the hus­band found out the hard way that he should not have delayed com­ply­ing with Court Orders for his prop­er­ty settlement. The case of Black­well & Scott [2017] FAM­CAFC 77 involved a cou­ple who at the end of their 10 year de fac­to rela­tion­ship agreed to a prop­er­ty…

It’s mine, I got it after we broke up

In fam­i­ly law dis­putes it is a com­mon mis­con­cep­tion that an inher­i­tance or oth­er large sum received after sep­a­ra­tion will be exclud­ed from the prop­er­ty pool to be divid­ed between the par­ties. This issue was dealt with in the recent case of Calvin & McTi­er [2017] FAM­CAFC 125. The Full Court of the…

Richard Ott­ley

Exper­tiseCom­mer­cialEmploy­mentFran­chis­ingWork­place Health & Safety…

Angela Har­vey

Exper­tiseCom­mer­cialCom­mer­cial FinanceCon­test­ed EstatesCor­po­rateCyberEstate Plan­ning & WillsFran­chis­ing…

Mary Digiglio

Exper­tiseCom­mer­cialFran­chis­ing Prop­er­tyStra­ta…

Tony D’Agosti­no

Exper­tiseProp­er­tyStra­ta…

Greg Park­er

Exper­tise Fam­i­ly Law…

Annette Wil­son

Exper­tise Fam­i­ly Law…