Recent Updates to the Law

Updates to the Law - Freedman & Gopakan
Changes and amendments to the legislation can affect your life.

New laws and amendments have been introduced.  Make sure you keep up to date with these changes.

Bankruptcy Law: Important name change for ITSA

As of 15 August 2013, the Insolvency and Trustee Service of Australia (ITSA) has changed its name to Australian Financial Security Authority (AFSA).

Estate Law: The law says multiple spouses - be wary

The changing dynamics and structures of the family unit and the increase in multiple spouses and domestic partners has led to changes in the Succession Amendment (Intestacy) Act 2009 (“the Act”) which deals with the distribution of a deceased persons assets in circumstances where there is no Will.

Employment Law: A post on social media (LinkedIn or facebook) will it cost your job?

Do you hold a belief that no matter what you post on social media (whether Linkedin or Facebook) that it would be a private matter and not concerning your employer? You might be of that belief, however, the Fair Work Commission has upheld an architectural companies position to dismiss an employee after it was found that he had attempted to approach his employer’s clients through the social media’s network, Linkedin (so that he could promote and expand his own business).

Bradford Pedley v IPMS Pty Ltd t/as Packvonhartel (2013) FWC 4282 looked into the issued when an employee was pursuing, out of work activities, which were against employees duties to his employer

Family Law: The times - they are a-changing: can an affair be legally considered a de facto relationship?

Relationships are complicated generally and when the Law becomes involved further complications arise. Up until some years ago, the Law treated marital relations and de facto relations differently. Family Law Act gave exclusive jurisdiction to the Family Court and Federal Circuits Court to effectively treat de facto relationships on the same basis that marital relationships are being dealt with. At the time that these amendments were being contemplated, concern was voiced by many Practitioners as to the broad description of what constituted a de facto relationship. This issue was recently considered by the Family Court in a matter of Jonah & White. In this Application the Applicant sought a division of property from the Respondent claiming they were in a de facto relationship. The Court was asked to declare the existence of the de facto relationship

Employment Law - Unfair dismissal - your rights

Under the Fair Work Act a person has been unfairly dismissed,

  • if the dismissal was harsh, unjust or unreasonable and;
  • Was not consistent with the Small Business Fair Dismissal Code and/or
  • was not a case of genuine redundancy.

Read more (Reporter September 2013 Issue)

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