Appointing a financial manager
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and works primarily in our Commercial & Property Law team.
The Guardianship Tribunal has the power to make a Financial Management Order (FMO) which appoints a financial manager for a person who is incapable of managing their own financial affairs. Financial affairs include things such as operating bank accounts, investing money, paying bills, dealing with property and instructing solicitors in legal matters.
Similar to an attorney or guardian, a financial manager is a substitute decision maker.
When can you appeal against an unfair dismissal decision?
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Full Bench of the Fair Work Commission recently heard an appeal from a decision, in favour of a dismissed worker, that he had been unfairly dismissed. The appeal raised the issue of when treating employees differently may make an otherwise valid dismissal, unfair. It also looked at how dishonesty can affect dismissal decisions.
A Mr Ishak had been dismissed by Jetstar for assaulting another employee. In the original decision an FWC Commissioner had found in favour of Mr Ishak. The FWC found that Mr Ishak’s conduct in the assault of a co-worker was a valid ground for dismissal; that he had been afforded due process prior to being dismissed, and that most of the factors under Section 387 of the FWA did not suggest the dismissal was unfair. Mr Ishak succeeded on the sole basis that he was treated differently to the other worker involved. The Commissioner held the other employee had also been engaged in an “assault”; and that both workers had been dishonest when speaking to Jetstar’s investigators about the incident. The fact that the co-worker was not dismissed caused the Commissioner to conclude there was such a significant difference in the way the employer had treated them, as to make Mr Ishak’s dismissal unfair.
Guide dogs, guard dogs and courtroom skills
Ashleigh John is a Senior Solicitor at Mullane & Lindsay in Newcastle and an Accredited Specialist in Family, Relationship and Matrimonial Law
Our Family Law Team consists of 3 experienced lawyers, 2 of whom are Accredited Specialists in Family Law and another who has completed a Masters of Applied Law in Family Law. We share information, case authorities, war stories and experiences. We are trained to assist clients to find solutions to their problems, preferably without going to Court. It can often be of better value for a client to use their lawyer as a guide dog rather than a guard dog.
When acting as a guide dog we draw on all resources and legal skills available to our clients to assist them through the trauma of their broken relationship. Team member Ashleigh John is Chairperson of the Greater Newcastle Family Law Pathways Network and she shares her knowledge and experience with us and clients.
Simple strategic financial questions on separation
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
When a relationship ends, there are some questions one should ask to ensure that a client/relative is not financially disadvantaged. The answers and reactions to the questions will differ from family to family, as not all breakdowns are acrimonious. What might seem a prudent reaction to these questions for one family may seem provocative and harsh to another estranged couple. In any event, some of these more common questions need to be asked:
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Should you revoke and change your Power of Attorney?
- Who are the appointors under any Family Trust? Are you the director of any companies or self managed superannuation fund? If you die what will happen?
- Do you have children from a prior relationship and will they be disadvantaged if you do not change the executors or bequests in your will? Do you need to change your will?
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Take care on the water – you could be liable to your rescuer
by Kristy Nunn
Kristy Nunn is a Director at Mullane & Lindsay in Newcastle and practices in our Dispute Resolution and Litigation Team.
Summer is a great time for boating. However some people may not be as experienced as others in all weather conditions.
A recent District Court decision confirmed that individuals who voluntarily place themselves in a position of danger owe a duty of care to their rescuers; and if they act negligently, they are liable for any loss or damage suffered as a result.
In the decision of Blackney v Clark [2013] NSWDC 144, Mr Blackney successfully brought a claim for damages against Mr Clark for injuries sustained while coming to the rescue of Mr Clark and his boat.
In the early hours of 13 January 2010 Mr Clark’s tinnie came into trouble off Chinaman’s Beach, south of Evans Head in NSW.