Ethical competitor or pricing predator?
By Michelle Cirson The Australian construction industry is no stranger to price-wars, underpricing and zero percent margins. With supply and demand imposing a volatile tug-o-war over work in the pipeline, contractors have resorted to buying work to maintain cashflow objectives and cover overheads. But who (in their right mind) went into business planning to work […]
QLD Government to introduce a new offence to criminalise coercive control
By James Marmin In December 2021, the first Report “Hear Her Voice” was released by the Women’s Safety and Justice Taskforce. This Taskforce, chaired by the Honourable Margaret McMurdo AC was established to examine the impact of coercive control in domestically violent relationships and to consider the need for a specific offence of domestic violence […]
Employee v Contractor: Are your contracts iron clad?
By Ben Schefe A common issue that continues to arise is how businesses classify their workers – ie are the workers independent contractors or employees? There have been two recent decisions handed down by the High Court that confirm how critical a written contract is when determining whether a worker is an employee or an […]
Federal Circuit and Family Court of Australia: Pre-Action Procedures
By James Marmin In September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged to form the new Federal Circuit and Family Court of Australia (“FCFCOA”). There were a range of motives for the merge, all with the underlying mission to streamline the court system for Family Law matters by […]
Enforcing Compliance with Family Court Orders
By James Marmin and James Halliday Sometimes in Family Law matters, a party will not comply with the orders which have been made. Unfortunately, this can be a common occurrence in Family Law and can take a further emotional toll on the complying party as they attempt to enforce the orders. Non-compliance can occur in […]
Deciding Who Keeps the Family Pet in Family Law Matters
By James Marmin A relationship breakdown can be an extremely stressful and emotional time for all parties involved. A pet is often referred to as a member of the family and for many people, the bond they share with their pets can be compared to that of children or siblings. Therefore, the issue of who […]
Australia Opens up: – Are you concerned about your child being taken overseas? (The Airport Watchlist)
by Jasmine Evans On 21 February 2022, the International Borders opened for all overseas travellers who are fully vaccinated and have had two doses of a vaccine permitting entry into all States and Territories, except Western Australia who are due to re-open on 3 March 2022. Whilst many Australians have been travelling freely on the […]
THE COVID-19 LIST – A DEDICATED LIST FOR DISCRETE ISSUES ARISING FROM THE PANDEMIC
By James Marmin In our third year of dealing with COVID-19, the pandemic continues to impact separated families. We have seen disputes arise with respect to vaccinations of children, interstate travel, overseas travel and general compliance with Orders of the Court. To assist in dealing with discrete issues arising from COVID-19, the Federal Circuit and […]
Exclusive Occupation – Can I stay?
By James Halliday and James Marmin The breakdown of a relationship can be an immensely stressful time for all the parties involved. One of the main stressors through this process can be the former matrimonial home and namely, who is to continue residing there.Although, both parties can continue to live under the same roof while […]
The Importance of Estate Planning for SMSFs
The Importance of Estate Planning for Self-Managed Superannuation Funds by Geoff Cameron geoffc@mdl.com.au Self-managed superannuation funds (SMSFs) have become increasingly popular as a method for managing wealth to be used in retirement. A key reason for the popularity of SMSFs is that they can offer a greater degree of choice and control over your superannuation […]