Dispute resolution is how disputes come to an end. There are a variety of types of dispute resolution that can be used for a variety of situations, including Mediation, Arbitration and Litigation.
Mediation involves a third party who will help resolve the issue and help them come to an agreement. An arbitrated outcome is where an arbitrator court will decide how the dispute will be resolved and will enforce a binding decision on the parties. A successful dispute resolution team will ensure that they do whatever is necessary to help the parties come to an end with the disagreement. The team for dispute resolution will need to make sure they are all aware of the details of the situation and that they are willing to help out.
There must also be a well-set plan that can be used throughout the resolution process, this will ensure that the process runs smoothly, and everyone is aware of what is happening throughout the period of the dispute. Everyone needs to be aware of the agreed upon strategies that must be implemented into the practical action plan that will make all components of the process clear and easy to follow. The team must also be confident in what they are doing to avoid the risk of any errors that could occur within the process. Everyone must also be willing to seek common ground and find a middle ground where it will be the most practical for cost and time, as well as keeping the tone of the negotiation focused on resolution rather than fault-finding and complaining to ensure momentum towards a solution. These factors will all ensure that the dispute resolution process runs smoothly and effectively to allow for the outcome to be easy to achieve for all involved.
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The Robodebt scandal has been described as a shameful chapter in Australian History due to the distress that it caused to thousands of people. According to SBS news ‘People lost marriages, they’ve gone bankrupt, they’ve lost their houses and some people have lost their lives’.
Originally the scheme was implemented by the former coalition government, which was meant to help collect debts from Australians who owed them, however it ‘aggressively pursued tens of thousands of Australians for debts they did not owe’. The Australian Taxation Office has ensured that Australians are paying and receiving the correct amount of tax and benefits using data matching systems. Previous computers were finding around 300,000 discrepancies a year; however, Services Australia only had the resources to investigate 20,000 of the higher risk cases while the rest were left unsolved. The way that the government implanted a plan to solve this was to allow an algorithm instead of humans to identify and pursue the outstanding payments which could manage to send out 20,000 notices a week rather then in a year. The scheme wrongfully notified people who didn’t owe outstanding debts, however thousands of Australians were still being pursued to and forced to pay outstanding debts.
By the time the scheme was scrapped in 2020, 470,000 people had been wrongly issued debts which the government claimed would repay them in a full cost of $21 million. Many people had incidences where thousands of dollars were taken out of their accounts without warning which impacted multiple factors of their lives, from their families to the homes and health.
Since the scheme was first introduced, there has been numerous investigations into it and the multiple issues that arouse during its use in 2017. The Federal Court found that the scheme was unlawful and that there was no way for Centrelink to have been satisfied the debts were actually correct. In 2020, 400,000 victims brought on a class action which the government agreed to settle by paying out a further $112 million in compensation on top of the existing payments they were required to pay. Unfortunately, after 6 years since Robodebt was first introduced, there is still no answer as to who is accountable for what happened.
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Optus were recently involved in a data breach scandal which impacted potentially millions of customers. To current knowledge, it is believed that the attackers were working for a criminal or state sponsored organisation. The data breach had impacted Optus customers as their name, date of birth, phone number, and email addresses, may have been released to the attackers. Unfortunately, it may be worse for some customers as their drivers license or passport numbers may also be in the hands of the criminals behind the act. This is extremely unsafe for these Australians as it puts thousands of people at a high risk of identity theft and urgent action must happen to prevent any harm caused by the incident.
Unfortunately, the exact number of how many people fell victim to the breach is not currently known however, we do know that out of the 9.7 million subscribers Optus had at the time of the incident, there was a significant number of them whose details are now exposed to the attacker. Fortunately, for the customers, despite a variety of personal details possibly being at risk, the payment details and account passwords remain secure and safe to operate during this time.
Identity fraud is a large risk at this stage as only a small amount of personal information is necessary for someone to commit identity fraud, therefore the access that the attacker has to these people’s personal information can put them at high risk of the attacker opening a bank account, gaining a credit card, applying for a passport, or conducting a wide range of illegal activity.
To help prevent this, Optus has claimed that they will contact any customers that they believe are at a high risk of being compromised by sending personal notifications and offering third-party monitoring services. Optus also sent out a message advising customers to not click on any links via SMS messages or emails regarding their information being compromised as Optus has stated they will not be sending out any links and the safest way to contact them is by going through the app or contacting them directly in person or over the phone.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
The Labor government has plans to introduce a Bill to parliament with hopes to encourage pensioners to downsize and free up their larger homes for younger families. The Albanese’s government’s legislation would give pensioners an additional 12-month asset test exemption on their home sales proceeds. This is designed to give pensioners time to purchase a new home before their pension is affected.
Amanda Rishworth, a social services minister stated “We don’t want people putting off downsizing to a more suitable home because they are concerned about the impact it could have on their payment rate and overall income”, which is indicative of the Labor government’s goal to help pensioners have more flexibility by extending the length of the home sale proceeds to 24 months. In effect, this would provide them with ample time to buy a new home before the money that goes into their account from the house sale will affect their pension payments.
While this incentivises pensioners to downsize, this also benefits younger families that are seeking to grow their family sizes and require a larger house. Last year in 2021, there were roughly 8000 pensioners who downsized, and the Labor Government hopes that under this potential law, more pensioners will also downsize in the coming years.
This law was set to come into effect from 1 January, 2023.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
Social media is used to connect and share information with anyone who has access to it. Almost all law firms have gone digital in some way within the past few years as social media is a way for firms to engage more people and grow the business. Through modern day techniques, firms must utilize the social media aspects of the changing world. By staying and growing with the current trends that are seen on social media, law firms can engage a wider range of audiences that could then potentially be clients in the future. However, through the use of understanding the different parts of social media, law firms can aim to engage a particular audience that they are trying to target to achieve better brand recognition through the stream of referrals from a variety of interaction that social media can bring forward. The social media strategies used can help develop a reputation for the firm which will gain them better relationships with future or current clients.
Modern day law firms utilise the new rise of social media as it can be valuable to them in many ways. Through using social media, law firms can engage with audiences in informative and emotional content which will aim to use the different aspects of a both intellectual and the emotional side of people to ensure they are engaged and are recognizing the firms work and reputation. Ensuring that the law firm keeps their reputation and the image they have created for themselves, through posting on the various social media platforms, the law firm can engage audiences through the comments where they are able to show the human side of the firm rather then people only seeing the posts that are computer generated. This can help the firm and the clients understand each-others needs and wants to then come to a mutual understanding of how to then communicate with each other later on.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
Iranian security forces have accelerated efforts to suppress anti-government protests in the country’s Kurdish region, as nationwide protests persist.
According to Human Rights Activists in Iran (HRA), at least 58 children have been killed in Iran since anti-regime protests broke out two months ago. 46 boys and 12 girls under the age of 18 – some as young as 6 – have been killed by security forces as violence has ensued across the country. This figure is being disputed by Iranian authorities.
Young people are notably at the forefront of these anti-regime protests, which commenced in response to Mahsa Amini’s death in the custody of Iran’s morality police. Not to mention, women, ethnic Kurd and Baluch populations are prominent sects of protests. The deaths of two teenage girls, Nika Shakamari and Sarina Esmailzadeh, who were both allegedly beaten to death by security forces, provoked further outrage from protesters. Again, Iranian authorities contend that Ms Amini’s death was due to pre-existing medical conditions. In addition, Iran’s clerical rulers, including Supreme Leader Ali Hosseini Khamenei, blame foreign adversaries – namely the US and Israel – and armed separatists for perpetuating violence.
UN spokesman Stephane Dujarric urged Iranian authorities to seek to the “legitimate grievances of the population” and condemned “incidents that have resulted in death or serious injury to protesters.” Yet, protests persist with no end in insight: no concession from protesters nor inclination on the government’s part to pursue a pathway towards peace.
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Parenting coordination is vital for co-parenting and the mental health impacts family matters can have on children. Parental conflict has extreme impacts on the children of the relationship and because of this, divorcing parents must communicate with each other in a healthy manner concerning parenting issues. Parent coordination is the use of an intervention that helps follow a family dispute in court where a parenting coordinator is appointed to assist the parents to navigate and apply the newly placed parenting orders without further disputes arising.
The family’s progress is managed through education, mediation, and case management which helps ensure that the parents fulfill their obligations to their children and comply with the court orders. Research shows that when parents work with a parenting coordinator, it significantly reduces conflicts and disagreements in the future.
Parenting coordination is useful in high-conflict matters where clients continue to re-litigate non-legal issues related to co-parenting arrangements such as changeovers, overnight stays, and shared-parenting time. The use of parenting coordination can benefit multiple people involved in the dispute as through using parenting coordinator, lawyers are able to focus on matters such as the financial side of the case rather then listening to allegations or ongoing stories that each party will talk about in regards to the children.
After using a parenting coordinator, it is less likely that the parents will bring each other back to court as they will have undergone the appropriate education and management that they will be more aware of the effect the disputes have on the child and themselves.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
The recent death of Queen Elizabeth II has sparked many conversations about Australia’s consensus on possible leaving the commonwealth and becoming a republic. This is something that has been thrown around and discussed a lot in the past as in 1999, the government held a referendum to see if Australia wanted to become a republic. The results for the referendum were that 54% of people wanted to remain apart of the constitution with the Queen remaining as ruler. However, the numbers have since changed as in 2021 a poll suggested that a third of Australia wanted to become a republic and the number is expected to have grown with the Queens passing and the King now in rule.
There are many reasons why the people of Australia want the change to happen. Some of these include the unquestionable liking of Queen Elizabeth II and the way Australia most likely won’t embrace her successor King Charles III and as much as other royals have become more significant and liked by the Australian population, it is unlikely any of them will receive the same treatment that was given to the Queen as they have not been apart of many people lives and involved in Australia’s history as much as the Queen was.
The motion of Australia becoming a republic may already have started as current prime minister Anthony Albanese has appointed an assistant minister for the republic which is seen as the most Australia has done to disentangle from the Commonwealth and the royal family.
However, despite Australia becoming more open to the decision to leave the Commonwealth in recent years, this change is unlikely to happen anytime soon as at the moment there are other things that the government is more focused on right now that can get in the way of the changes such as the government in the works of creating a referendum to amend the constitution to officially recognise First Nations people which is likely to happen in the next year or so. Australia is also currently set to host the 2026 Commonwealth Games which will be a major economic boost as Australia has struggled with gaining back tourism since the pandemic. Despite many countries still participating and hosting the Commonwealth games after leaving the rule of the Queen, it is unlikely Australia will risk making that change for the sake of the economy.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
The affirmative consent law in Victoria was recently passed to allow the focus of sexual assault matters to shift to trying to get the perpetrators to prove that they gained consent from the victim rather then trying to get the victim to prove they did not provide consent. This reform outlines that the person must have a clear and enthusiastic ‘yes’ which is easily recognisable for the consent to be justified. The ‘yes’ can be anything such as a physical gesture, a verbal yes, or reciprocating a move that makes it obvious the answer is yes. It states that a person’s belief in consent must be reasonable which will include the steps they took to find out whether their sexual partner consented. Under the reform, the perpetrator must include r demonstrate what steps they too in order to gain consent from the victim which will ensure the attention is focused on their actions to confirm consent rather the what the accuser did, or didn’t do, to deny consent
The new law will ensure that the victim-survivors receive better protection from sexual assault with also making stealthing illegal as well to hep with preventing unwanted pregnancy. Despite the purpose of law being used to help victims of domestic violence, many are saying that the new definition and requirements might make the definition of consent more confusing as the definition is currently open to interpretation as the laws did not say that consent be given continuously through a range of different communication methods of words and actions. It is recommended that the new bill includes some more framework to make it more understandable as well as effective education the allows more people to be aware of the laws and new definitions.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.