by admin | Jun 24, 2018 | Employment Law
As an employer, parental leave obligations are something it is essential to understand. Since 1 January 2010, parental leave and related entitlements have formed part of the National Employment Standards (‘NES’), which establishes the minimum entitlements to unpaid...
by admin | Jun 24, 2018 | Employment Law
As an employer it is important to understand what laws govern termination of employment and unfair dismissal in Australia, and where you fit in. Since the implementation of the national workplace relations system by way of the Fair Work Act 2009, many employers have...
by admin | Jun 24, 2018 | Business Law
During challenging economic times when many Australian companies are confronting operational concerns and financial difficulties, directors are finding themselves in unfamiliar territory. A new set of skills is now required of directors and officers as they seek to...
by admin | Jun 24, 2018 | Employment Law
Barker v Commonwealth Bank of Australia The Federal Court of Australia has delivered a landmark decision in the case of Barker v Commonwealth Bank of Australia [2012] FCA 942 awarding damages in favour of the Applicant Stephen Barker. A Commonwealth Bank employee...
by admin | Jun 24, 2018 | Business Law
Reduce your level of credit risk by updating your terms and conditions in line with sweeping national law reforms. For more information contact: Serena Pace on (08) 8410 9294 If you are a supplier of credit, the manner in which Retention of Title clauses operate in...
by admin | Jun 24, 2018 | Personal Injury Law
Our State’s motor vehicle injury insurance scheme is currently under review, putting motor vehicle accident claims under threat. The current proposal recommends a “no fault” scheme, whereby people injured in a motor vehicle accident can be compensated whether or not...
by admin | Jun 24, 2018 | Business Law, Employment Law
Independent Contractors vs Employees? When an employer considers the cost of labour they may find they ask themselves, independent contractors vs employees? It is important to protect to distinguish between employees and independent contractors in order to protect...
by admin | Jun 24, 2018 | Business Law
What do employers need to be in place in employment contracts, when breach of policy by an employee occurs? For more information contact Julia Adlem on 8410 9294 or send an email via this form. There is an increasing practice by employers to manage the behaviours and...
by admin | Jun 24, 2018 | Business Law
Why you need well drafted terms of trade and how they can affect your business. For more information, please call us on 8410 9294 or send an email via this form. Between a buyer and seller of goods or services, contractual obligations exist, called terms of trade. By...
by admin | Jun 24, 2018 | Personal Injury Law
Bringing a claim for bullying. For more information contact: Julia Adlem or one of our other experienced lawyers on 8410 9294 or send an email via this form. Bullying regularly occurs in schools and workplaces, despite many campaigns against it. This regular...
by admin | Jun 24, 2018 | Business Law
When preparing a franchise agreement or franchise contract, issues can arise. How to make franchise agreements work for your particular business. For more information contact Serina Pace on 8410 9294 or send an email via this form. Every franchise has a contract which...
by admin | Jun 24, 2018 | Business Law
Using an appropriate business structure to best service the needs of your clients whilst maximising profit. For more information contact us on 8410 9294 or send an email via this form. One commonly used business structure which covers asset protection and provides the...
by admin | Jun 24, 2018 | Business Law
How to maximise your investment when buying a business. For more information contact: Serina Pace on 8410 9294 or send an email via this form. There are eight conditions that should be considered carefully when buying a business. Due Diligence Many sellers will not...
by admin | Jun 24, 2018 | Business Law
How to maximise your investment when purchasing a business. For more information contact us on 8410 9294 or send an email via this form. The recent decision of our High Court in Butcher & Anor v Lachlan Elder Realty Pty Ltd is cause for real estate...
by admin | Jun 24, 2018 | Business Law
Opening a franchise risks many things, here are some issues to consider before entering into a franchised business. For more information on franchise risks and returns please contact Serina Pace on 8410 9294 or send an email via this form. When considering the...
by admin | Jun 24, 2018 | Business Law
Managing your rights under an option. For more information contact Serina Pace on 8410 9294 or send an email via this form. Parties to legal documents relating to control or ownership of an asset, in particular land, should be aware of rights which can be incorporated...
by admin | Jun 24, 2018 | Business Law
Small business legislative reforms and how they will affect your business. For more information contact us on 8410 9294 or send an email via this form. The State Government will legislate reforms to the small business sector. These reforms to commence in 2011 include...
by admin | Jun 24, 2018 | Business Law
For more information contact: Serina Pace on on 8410 9294 or send an email via this form. Introduction An uncommercial transaction arises under section 588FB(1), Corporations Act when a company enters into a transaction that a reasonable person in the company’s...
by admin | Jun 24, 2018 | Business Law
For more information contact Serina Pace on 8410 9294 or send an email via this form. The Statutory Scheme General discussion of following sections: Section 588FA(1)(a),(b) Section 588FC Section 588FE(2),(2A),(2B),(4),(5) Section 588FF(1),(3) Section 588FG(1),(2)...
by admin | Jun 24, 2018 | Personal Injury Law
A “slip and fall” accident is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property. For more information contact us on 8410 9294 or send an email...
by admin | Jun 23, 2018 | Employment Law
Personal law update Sexual harassment is unwelcome sexual behaviour where the victim feels offended, intimidated or humiliated, and it was reasonable in the circumstances for them to feel that way. For more information contact: Julia Adlem on 8410 9494 or send an...
by admin | Jun 15, 2018 | Wills & Estates Advice
The Role Of The Executor Your role as the executor of a Will is to carry out the intentions of the deceased in line with their Will. The key duties are to collect the assets of the estate, pay the liabilities and distribute the assets according to the deceased’s...
by admin | Jun 5, 2018 | Injury Law Advice
What Are ISV Thresholds? Injury Scale Value (ISV) thresholds, in relation to motor vehicle accident compensation, were introduced in South Australia as part of the reforms which took effect on 1 July 2013. Our Adelaide Injury Lawyers can help you understand Injury...
by admin | May 24, 2018 | Employment Law Advice
Compensation Case Study – Background Adelaide Legal’s Employment Law Team provide a useful compensation case study. Court Decision Ms Baker (who had worked for the employer for little over a year) was awarded compensation of $6,200 (payable within 7...
by admin | May 11, 2018 | Adelaide Legal Advice
Hugo came onboard the Pace Lawyers team in 2016 as their “official office health mascot,” and is now an integral part of the firm. “As soon as he was here, it was quite obvious that he wasn’t going anywhere. His name will be on the front door soon,” Serina says. Law...
by admin | Apr 23, 2018 | Adelaide Legal Advice
Our Guide To Representing Yourself In Court If you have decided to represent yourself in court, you need to be prepared. The information below, prepared by Our team of Adelaide Lawyers, provides a useful guide to representing yourself in court and what to expect. Be...
by admin | Apr 10, 2018 | Property Law Advice
We have previously discussed how a superannuation fund is included in your property settlement, in the same way as all other assets you own here. However the treatment of your superannuation may differ depending on the type of superannuation fund you hold....
by admin | Mar 29, 2018 | Wills & Estates Advice
A last Will and Testament is one of the most important documents you will prepare in your lifetime. It’s vital that you record your intentions as to the distribution of your estate and who is in charge of the same (i.e. your executor/s). See more on Wills &...
by admin | Mar 20, 2018 | Family Law Help
The short answer is it won’t. The clauses in the Family Law Act relating to spousal maintenance and property division between married spouses already have corresponding clauses for de-facto couples (whether heterosexual or same-sex). So even before the changes were...
by admin | Mar 1, 2018 | Injury Law Advice
Over the course of your personal injury claim, you will be asked to attend various appointments and assessments in order to support the physical losses that you have suffered as a result of the incident. This may include report requests to your consulting GP,...
by admin | Feb 26, 2018 | Divorce Advice
First of all, don’t worry, you are not alone. We hear this more often than you might think. In order to apply for a divorce in Australia, you must produce a copy of your marriage certificate. If you were married in Australia and have misplaced your marriage...
by admin | Feb 1, 2018 | Injury Law Advice
So you’ve been injured in a car accident, have completed the injury claim form and sent the form to the appropriate insurer, which has essentially commenced your claim. Depending on what stage you are up to, you may have been contacted by the insurer directly too, to...
by admin | Jan 24, 2018 | Property Law Advice
When a relationship ends, all assets and liabilities owned by either party (in joint or individual names) are placed into the marital ‘property pool’ to be divided between the parties. The contributions of each party (both financial and non-financial) are used to...
by admin | Dec 21, 2017 | Wills & Estates Advice
International Wills vs concurrent Wills Making a Will is highly recommended, particularly if a person has substantial assets. The main reason is to ensure that, on death, the person’s assets are received by, or held for the benefit of, the person or persons that are...
by admin | Dec 21, 2017 | Child Related Issues, Family Law Help, Family Law Help
What Is A Binding Child Support Agreement As the name suggests, a binding child support agreement allows parents to make a binding financial agreement which sets out each parents’ financial obligations regarding the care of their children. Adelaide Legal’s...
by admin | Dec 3, 2017 | Family Law, Family Lawyers Adelaide, Uncategorized
During the course of your family law matter you may have reason to consider the use of a subpoena. This may be the case if (for instance) your ex-partner won’t disclose relevant documents, or if you need a witness to appear or to provide evidence at a hearing...
by admin | Dec 3, 2017 | Family Law, Family Lawyers Adelaide, Uncategorized
During the course of your family law matter you may have reason to consider the use of a subpoena. This may be the case if (for instance) your ex-partner won’t disclose relevant documents, or if you need a witness to appear or to provide evidence at a hearing...
by admin | Dec 3, 2017 | Family Law, Family Lawyers Adelaide, Uncategorized
During the course of your family law matter you may have reason to consider the use of a subpoena. This may be the case if (for instance) your ex-partner won’t disclose relevant documents, or if you need a witness to appear or to provide evidence at a hearing...
by admin | Dec 3, 2017 | Family Law, Family Lawyers Adelaide, Uncategorized
During the course of your family law matter you may have reason to consider the use of a subpoena. This may be the case if (for instance) your ex-partner won’t disclose relevant documents, or if you need a witness to appear or to provide evidence at a hearing...
by admin | Nov 30, 2017 | Wills & Estates Advice
Adelaide Legal Super Advice Many people incorrectly assume that their Will automatically distributes their superannuation entitlements to their beneficiaries. A Will generally only covers assets you own, and your superannuation is not actually ‘owned’ by you, since it...
by admin | Nov 18, 2017 | Property Law Advice
My ex has moved out, can I change the locks on the former marital/defacto home? Generally if there is no court order in place which affects your right to occupy the property, you will be able to have the locks changed. However, this will also depend on who legally...
by admin | Nov 2, 2017 | Child Custody, Child Related Issues
My husband and I have split up and I want to move away with the children, is this possible? You may have thought about moving to a new city or country during your relationship, but what happens when one parent decides to move (whether to another town,...
by admin | Oct 25, 2017 | Wills & Estates Advice
A testamentary trust is a trust established by a Will, and which doesn’t come into effect until after the Will maker’s death. There are two main types: A discretionary trust, where the beneficiary has the option to take a lump sum payment, or receive funds distributed...
by admin | Sep 28, 2017 | Family Law Help, Property Law Advice
We are often asked about property settlements and pets. Our pets are treated very differently to our children when a relationship breaks down, and the Court will not make orders stating that you and your ex-partner must share the care of your pets. Although they mean...
by admin | Sep 20, 2017 | Adelaide Legal Advice
During the course of your family law matter you may have reason to consider the use of a subpoena. This may be the case if (for instance) your ex-partner won’t disclose relevant documents, or if you need a witness to appear or to provide evidence at a hearing or...
by admin | Sep 14, 2017 | Wills & Estates Advice
Have the circumstances of someone close to you changed since they last made a Will? Do they even have a Will at all? Are you worried they don’t have the capacity to communicate their wishes or changed preferences? A Statutory Will can overcome many of these issues and...
by admin | Aug 30, 2017 | Child Related Issues
Payments of child support generally stop once a child turns 18, however parents can still be liable to provide financial support to a child who is over 18 years old.A Court will make an order for adult child maintenance if they are satisfied that the maintenance is...
by admin | Aug 23, 2017 | Injury Law Advice
Changes to the Motor Vehicles Act (SA) 1959 and associated Regulations which took effect on 1 July 2013 have made a significant difference to people injured in motor vehicle accidents, and in particular the legislation makes it extremely difficult to satisfy the...
by admin | Jul 26, 2017 | Property Law Advice
Bitcoins are one of the most commonly used digital currency. Digital currency is created and stored electronically by way of digital ‘tokens’, there are no physical notes or coins as with traditional currencies. Bitcoins can be ‘mined’ through the bitcoin...
by admin | Jul 17, 2017 | Adelaide Legal Advice
It was recently reported that a man in Switzerland was convicted of defamation for ‘liking’ Facebook posts which contained statements accusing another person of (among other things) antisemitism and racism. Whilst this judgment does not have a direct impact on court...
by admin | Jul 5, 2017 | Property Law Advice
Many factors need to be considered when your relationship with your husband or de facto breaks down. One important task is to determine how the property of the relationship is going to be split. We have discussed this generally in previous blogs and today I will speak...
by admin | Jun 26, 2017 | Family Law Help
Going through the Court system to resolve your family law dispute is an expensive, time consuming and stressful experience, but sometimes it is the only way forward. However, it is not the only way of achieving a final settlement with your ex. An alternative method of...
by admin | Jun 5, 2017 | Family Law Help, Wills & Estates Advice
This is always a bit of a tricky question, because it varies depending on each individual matter and your personal circumstances. The timing of the inheritance plays a big part in this. For example, an inheritance received late in the relationship or after separation,...
by admin | Jun 5, 2017 | Wills & Estates Advice
Well done on making the decision to prepare your Will. Although preparing a Will is considered to be a difficult and unnerving task, it’s also a very important one. The more time you spend on making things very clear now, the smoother the process will be when it comes...
by admin | May 25, 2017 | Injury Law Advice
Whenever you pursue a claim for personal injury compensation following (for example) a car accident or a slip and fall, you have an obligation to notify Medicare, Centrelink and your health insurance fund (if you use their services) of the claim. It is also safe to...
by admin | Apr 20, 2017 | Wills & Estates Advice
If someone close to you has passed away and they have left a Will, you will need to make an application for probate. Probate is recognition that the Will is legally valid and this is something you need to do before you can administer the estate. The first step is...
by admin | Apr 6, 2017 | Divorce Advice
If you were married overseas it is possible to apply for a divorce in Australia if either you or your spouse: Regard Australia as home and expect to live indefinitely in Australia; Are an Australian citizen by birth or descent; Have lived in Australia for 12 months...
by admin | Mar 23, 2017 | Divorce Advice
That’s great news that you have agreed on your property settlement! You will avoid the delays (and expense) of negotiations and the litigations through Court, plus you have an outcome that will work for you. However, this is not the end of the process. You still need...
by admin | Mar 9, 2017 | Family Law Help
Ever heard of a Power of Attorney (POA)? Basically it’s a document that gives a person of your choice (the ‘attorney’) the power and responsibility to act on your behalf in regards to your financial affairs. There are two types of POAs to choose from. The first is a...
by admin | Feb 27, 2017 | Family Law Help
An Advance Care Directive (ACD) includes an Enduring Power of Guardianship, a Medical Power of Attorney and an Anticipatory Direction, all in the one document. Don’t worry if you don’t know what any of those are either, that’s what we’re here for. Basically an...
by admin | Feb 27, 2017 | Property Law Advice
Thankfully, the answer is not necessarily. Your property settlement negotiations will include all property brought into the relationship by either party, as well as anything that was bought during the relationship and sometimes even after separation. The length of...
by admin | Jan 16, 2017 | Child Related Issues
Parenting orders are made based on what the Court believes to be in the best interests of the child. Your child’s views are considered by the Court, taking into account their age and maturity, but their wishes are not the only thing the Court considers. Sometimes your...
by admin | Jan 16, 2017 | Child Related Issues, Divorce Advice
D-I-V-O-R-C-E. Spelling out to your child what divorce means is difficult. Statistics show that divorce is one of the most traumatic life events, for both adults and children. We know that the children of divorce can experience high anxiety, distress and self-blame....
by admin | Dec 15, 2016 | Child Related Issues
I Want To Take My Children Overseas, But My Ex-Partner Is Still Being Difficult. Firstly, you should be aware that taking your children overseas without your ex-partner allowing it could be classed as an ‘International Child Abduction’, which is a criminal...
by admin | Dec 6, 2016 | Wills & Estates Advice
Q: When is the right time to start thinking about a Will? A: Right now! Although thinking about your death is an uncomfortable thought, if you do not not have a valid Will at the time of your death you have no influence over the future allocation of your property or...
by admin | Nov 24, 2016 | Injury Law Advice
The law relating to injury compensation following a motor vehicle accident changed once again on 1 July 2016, establishing an even higher threshold requirement before compensation accrues. To help our readers, we’ve put together a ‘step-by-step’ guide on what you...
by admin | Oct 24, 2016 | Injury Law Advice
Do You Have a Medical Negligence Claim? In order to receive compensation for medical negligence, through a successful medical negligence claim, you must firstly show that your doctor (or other medical professional) has been negligent. This may involve obtaining a...
by admin | Oct 5, 2016 | Adelaide Legal Advice
How many times have you received a legal letter or telephone call from a lawyer and thought I have no idea what half of that means?! With that in mind, we’ve explained a few of the most common legal terms for you: Affirmation A pledge that statements made are true,...
by admin | Sep 14, 2016 | Property Law Advice
Superannuation is taken into account during a property settlement. You must disclose the full amount of your superannuation (even if this is spread amongst multiple funds). Your superannuation can be divided, and is subject to the same ‘just and equitable’ principles...
by admin | Feb 18, 2016 | Employment Law Advice
Extended Sick Leave Managing workers on extended sick leave or with long term injuries requires careful consideration of both the needs of the business and the employees’ rights. Sometimes dismissal is unavoidable despite the health status of the...
by admin | Feb 10, 2016 | Employment Law Advice
The Federal Government recently announced its intention to amend the existing laws on workplace bullying to allow complaints to be brought before the Fair Work Commission (FWC), rather than via work health and safety regulators in each State. Currently in South...
by admin | Feb 10, 2016 | Employment Law Advice
With the increasing trend for home offices, part-time work and our ever-growing access to technology (lap tops, mobile phones, tablets, internet storage and so forth), the demands on employees to be available at all times is increasing exponentially. Employers, and...
by admin | Feb 10, 2016 | Employment Law Advice
Since 1 January 2010, parental leave and related entitlements have formed part of the National Employment Standards (‘NES’), which establishes the minimum entitlements to unpaid parental leave for all employees in Australia (with at least 12 months continuous...
by admin | Feb 10, 2016 | Employment Law Advice
Responsibility for Content on Social Media Many companies have now jumped on to the social media band wagon, taking advantage of the vast networking and advertising opportunities that sites such as Facebook, Twitter, LinkedIn, You Tube and Instagram offer businesses....
by admin | Feb 10, 2016 | Employment Law Advice
More and more employers in South Australia seem to be making the move and outsourcing parts of their business overseas. This may involve job losses, either by way of redundancy or by otherwise terminating the employment contract, or simply by affecting an employee’s...
by admin | Feb 10, 2016 | Employment Law Advice
Equal Opportunity Act 1984 Age Discrimination Act 2004 prevent employers from age-based discrimination. These Acts apply whether an employee or prospective employee is young or mature-aged. They apply to workers as well as those who apply for employment. General...
by admin | Feb 10, 2016 | Employment Law Advice
There are a number of statutes that regulate the recruitment and selection of employees. This legislation prohibits discrimination at every stage of the recruitment process in Australia.The Sex Discrimination Act (SDA) makes it illegal to advertise a position which...
by admin | Feb 10, 2016 | Employment Law Advice
Preparing a Letter of Offer and a Contract of Employment may be the final step in the long journey of recruiting the ideal candidate, but there are still a number of areas that employers should pay attention to when drafting these documents.Offer letters vs....
by admin | Feb 10, 2016 | Employment Law Advice
Employers spend a great deal of time and money in the search for the perfect employee: someone who will excel in the demands of the role, whilst also fitting in with the company culture and ethos. It is understandable then, that employers want to know as much as they...
by admin | Feb 10, 2016 | Employment Law Advice
Since the implementation of the national workplace relations system by way of the Fair Work Act 2009, many employers have struggled to manage their changing business requirements and still ensure fair treatment for all employees, within the limits of the...
by admin | Feb 10, 2016 | Employment Law Advice
Termination of employment is the voluntary or involuntary cessation of a contract of employment:by giving proper notice (i.e. resignation of employee, dismissal or retrenchment);summarily due to the employee’s misconduct; orby frustration, repudiation or abandonment...
by admin | Feb 10, 2016 | Employment Law Advice
As lawyers, we often assist employers in the drafting of company grievance procedures, either by way of a formal stand alone Grievance Policy, as part of a suite of corporate policies or by incorporating the internal complaints process as part of the Contract of...
by admin | Feb 10, 2016 | Employment Law Advice
The new Work Health and Safety Act 2012 (SA) came into effect on 1 January 2013. This Act establishes health and safety obligations that apply to all industries. This Act is supported by the Work Health and Safety Regulations 2012 (SA) which identify control measures...
by admin | Feb 10, 2016 | Employment Law Advice
The Work Health and Safety Act 2012 (SA) ( ‘the Act’) and the Work Health and Safety Regulations 2012 (SA) (‘the Regulations’) impose a duty on persons conducting a business or undertaking to consult with workers who are or are likely to be directly affected by a...
by admin | Feb 10, 2016 | Employment Law Advice
The duty imposed on employers to ensure work health and safety for employees is imposed by the Work Health and Safety Act 2012(SA) (‘the Act’) and the Work Health and Safety Regulations 2012 (SA) (‘the Regulations’). This duty includes the duty to manage risks which...
by admin | Dec 11, 2015 | Success Stories
A Few Success Stories Adelaide Legal recently represented a client who witnessed the exhumation of her father after he was buried in the wrong grave. Our client suffered mental harm as a result of this, which had a significant impact on her overall enjoyment of life...