Dispute Resolution Pre-action Protocols
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
  In 2020, the pre-action protocols were introduced to encourage resolution between parties and to prevent the commencement of litigation, which often is an extremely timely and costly procedure.         These protocols first require the Applicant to outline sufficient particulars regarding their potential claim to be made against the opposing party in what is referred to as a ‘pre-action claim’. Once served, the Respondent is required to respond within 30 days (if the matter relates to a personal injury claim) or 21 days (in any other case) with a pre-action response ..read more
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What Should You Consider When Making A Will
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by Jessica Sinclair
5M ago
SOME TOPICS TO CONSIDER WHEN MAKING YOUR WILL Thinking about preparing a Will is one of those tasks that few of us do willingly. None of us like to think about the end of our life and how it could impact our loved ones, but Estate Planning is an important way in which you can protect your loved ones by giving them certainty at an uncertain time.   It is always best to have your Estate Planning handled by a lawyer, however we have identified a few topics that should get you thinking about the types of issues you may want to consider when engaging in this process.   Choosing an Execu ..read more
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Do I Need A Directors ID?
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
Do I have to apply for a director ID? You will be required to apply for your own 15-digit director ID if you are a director or a person acting in the capacity as a director of the following bodies: a company; a registered Australian body; a registered foreign company; an Aboriginal and Torres Strait Islander corporation; a corporate trustee; or a charity or not-for-profit organisation. Director IDs will stop the use of misleading or fraudulent identities and will also reduce the likelihood of directors engaging in unlawful activity. The application process You can apply at no charge for you ..read more
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Surrogacy
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
Surrogacy – Is It An Option For You?   For many in a relationship, the prospect of having a child is often fraught with complexities, whether it be reproductive issues or same sex relationship. Conversely, those not in a relationship may wonder if they may ever raise a child. After lengthy and costly options such as IVF, you may be considering Surrogacy. Surrogacy is regulated in South Australia, and it is important that you obtain legal advice prior to any negotiation to commence your family. How do you become a parent?  Commercial surrogacy is unlawful in South Australia and sever ..read more
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Employed Or Independent Contractor
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
Employment vs Independent Contractor: the High Court decides The question of whether a worker is characterised as an independent contractor or an employee for the purposes of the Fair Work Act 2009 has significant consequences for employers, not least of which is exposure to penalties and underpayments. Two recent High Court rulings have given primacy to written contract terms, to determine whether an employment or independent contractor relationship exists.[1] Traditional Approach Courts have traditionally determined the question by applying common law tests, which review the reality or subs ..read more
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Managing the Risks of Working in Heat
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
  Working in Heat As summer is approaching and it continues to get hotter, working in the heat becomes increasingly hazardous for Australian workers. When the human body is unable to maintain a constant temperature required to function, it can lead to overheating and heat-related issues. Common effects of working in heat include: Heat rash Fainting Dehydration Heat stroke Burns Reduced concentration Safe Work Australia has updated its guidance materials on managing the risks of working in heat, and what to do if a worker begins to suffer from a heat-related illness. Managing the risk of ..read more
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How To Determine If An Employee Is Casual
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
WorkPac Pty Ltd v Rossato [2021] HCA 23   On 4 August 2021 the High Court handed down their landmark decision in WorkPac Pty Ltd v Rossato[1], stating that the main consideration in determining how to characterise whether an employee is casual or not, should be by considering the plain and ordinary meaning of the employment contract. The High Court overruled the decision made by the Full Court of the Federal Court, stating that it is not the role of the courts to ‘’strain legal concepts and language’’ to moderate a perceived unfairness.   Facts WorkPac is a labour-hire company whose ..read more
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Time to Scrap the Annual Performance Review?
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
Is there a better way? Is it getting to the annual appraisal time of year again at your firm? If so, research shows that not only is the performance review seen as a huge ‘time stealer’ for the employer, but it can also be a time of high anxiety and negativity for the employee. For many, it’s viewed as a whinge fest, with no added value to the company, or the employee. For most, it’s viewed as a means to an end, with the end being the ’annual pay rise’. Wouldn’t we be better training our managers to deliver informal feedback more regularly – which is surely the very essence of people manageme ..read more
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Your Funeral Wishes & Your Will
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
Does my Executor have to respect my funeral wishes? When you pass, it is generally up to your next of kin to initiate funeral arrangements. This is a highly emotional time and not having set plans and arrangements may lead to unwanted conflicts between already stressed family members. To ease this process, you can specifically detail your desired funeral arrangements in your Will, to assist those closest to you in their planning, under the direction of your chosen Executor. Despite your wishes, funeral arrangements in Wills may not always be legally binding, which has the potential to lead to ..read more
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Preparing For Divorce
Adelaide Legal | Lawyers Who Fight For You & Your Rights
by admin
5M ago
What you can do while you wait to apply for divorce Before you can apply to the Court for a divorce order, you and your partner must have been separated for 12 months. This, however, does not mean that you must simply sit around and wait out the 12-month period before you can get the separation proceedings started.   Here are a couple of things that you can think about in the interim:   How are you going to distribute your marital property? You do not need to wait 12 months before you can start property settlement proceedings. If you and your partner are able to agree on how to fa ..read more
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