Child Support or Maintenance
Generally, Child Support is money paid by one partner to the partner who is primarily supporting the care of the child.
It is important to note that both parents are responsible for financially supporting the child.
Director Identification Number
On 1 November 2021, the Director Identification Number regime went live. ‘Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth)’ requires that all company directors must obtain a Director Identification Number (“DIN”).
Spousal Maintenance
Spousal maintenance is a financial obligation payable by one spouse to support their other spouse following a breakdown of a marriage or de-facto relationship.
Abalos v Australian Postal Commission (1990) 171 CLR 176
Ms Abalos was a post worker who was diagnosed with the “tennis elbow” condition. She brought a claim of negligence seeking damages against her employer in the Supreme Court of New South Wales. Expert witness, professor Fergusen testified to “unsatisfactory work stations”. Trial Judge found in favour of Ms Abalos.
The dominant use of land: Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66
A recent Court of Appeal decision has decided that in categorising land surrounding an open cut coal mine for the payment of Council rates, the ‘dominant use’ of the land must be determined by considering all activities and uses on the land as a ‘whole’.
Exclusive Jurisdiction in Employment Contracts
Contractual employment disputes which may give rise to future legal proceedings are governed by an ‘exclusive jurisdiction’ clause in an employee’s contract.
Assessing legal capacity when making a will: Why a 150 year old case still remains relevant today
In order for a testamentary will to be valid the ‘testator’ (i.e. the person making the will) must be of sound mind, memory and understanding. The process of meeting this criteria is referred to as having ‘testamentary capacity.’
How parenting orders are determined prior to final orders being made
The leading authority on how a Court will determine what is in the best interests of the children at an interim hearing is Goode v Goode.[1]
When parenting orders don’t work: The Rice v Asplund rule
If you are thinking about varying your existing parenting orders, it is important to first consider the legal principles surrounding whether or not a final order can be changed, and whether the Court would entertain such a change.
Rent Relief for Tenants of Retail and Commercial Leases
NSW government has amended Retail Leases Act (NSW) 1994 and Conveyancing (General) Regulation (NSW) 2018 to provide rent relief for retail and commercial tenants who have suffered financially due to the current lockdown.