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Employer Obligations and the Paid Parental Leave Scheme

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...

Retention Of Title Clauses Must Be Urgently Revised

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...

Motor Vehicle Injury Claims Under Threat

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...

Employment Contracts Breach Of Policy

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...

Terms Of Trade

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...

Bullying

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...

Franchises Contractural Issues

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...

Using A Family Trust To Benefit Your Business

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...

Buying A Business: Read The Small Print

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...

Disclaimers In Property Dealings

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...

Franchise: Risk & Return

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...

Options & Other Related Rights

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...

Proposed Reforms For Small Businesses

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...

Avoidance of Uncommercial Transactions.

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...

Recovering Unfair Preferences

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)...

Slip, Trip & Fall Accidents

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...

Sexual Harassment

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...

Can You Be The Executor of a Will?

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...

Representing Yourself in a Court Hearing

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...

Are informal Wills valid?

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 &...

Wills for Different Countries

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...

Adult Child Maintenance

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...

The Dangers of ‘Posting’ and ‘Liking’

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...

Should you be Mediating your Family Law Dispute?

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...

Things to Consider When Preparing Your Will

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...

Making an Application for Probate

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...

When Is the Best Time to Make a Will?

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...

Medical Negligence Claim

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...

Legal Terms & Their Meaning

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,...

How will my separation affect my superannuation?

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...

Extended Sick Leave – Unfair Dismissal

  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...

Responsibility for Content on Social Media

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....

Outsourcing and the Law

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...

Age-based Discrimination in the Work Place

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...

Advertising a Role: Legal Dos and Don’ts

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...

Let’s Make a Deal . . . . .

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....

The Lawful Termination of Employment

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...

New Work Health and Safety Laws

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...

Managing Risks in Workplace Health and Safety

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...

A Few 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...