Enduring power of attorney or an enduring guardian…or both?
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.
A power of attorney is a popular legal document. A power of attorney enables the grantor (the person giving the power of attorney) to appoint one or more adults (the attorney/s) to have the same power as the grantor to make business or financial decisions for the grantor. It is wise to ensure a power of attorney is enduring, meaning it continues in the event the grantor suffers from unsoundness of mind. A power of attorney can commence immediately after being signed or at a future time. It can also include conditions (for example “my attorney is not empowered to sell my house”) or can be unconditional.
Who can inspect the will of a deceased?
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.
While you are living no one other than yourself is entitled to inspect your will; of course this does not prevent you from allowing someone to inspect your will while you are living. But what happens after you die, who can inspect your will then?
Under Section 54 of the Succession Act a person who has possession or control of your will after your death must allow anyone or more of the following persons to inspect or be given copies of the will:-
(a) any person named or referred to in the will;
(b) any person named or referred to in an earlier will as a beneficiary;
(c) your surviving spouse, de facto partner (whether of the same or the opposite sex) or child;
(d) your parent or guardian; Read the rest of this entry »
The personal property securities register
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.
What is the PPSR?
The Personal Property Securities Register (PPSR) is a nation-wide online register which records security interests, such as mortgages and charges, in personal property (being any form of property other than land, buildings or fixtures).
How can this apply to me?
While the PPSR is primarily used by businesses, there are a number of common situations everyday people find themselves in which may warrant use of the PPSR, the first one which comes to mind is where there is a loan within the family.
Take the example of a mother who loans her son $20,000.00 to purchase a car. The agreement between the mother and her son is that the loan is interest free and the son is to repay the loan by weekly instalments of $200.00. It is also agreed that if the son fails to make the repayments the mother can take possession of the car and sell it to satisfy the outstanding balance of the loan. This makes the loan a charge on the car. Read the rest of this entry »
More strategic precautions on separation
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
Whilst not all relationship breakdowns are acrimonious, it is not uncommon for one or both parties to behave badly on separation. This can often be destructive in more ways than seems apparent at the time.
Although divorce follows a no-fault principle, the past conduct of parties can still be an important consideration when determining disputed parenting issues. The following suggestions may seem self evident, but they are frequently breached and clients are reminded that the need to protect children from physical and emotional harm is the highest priority:
- Do not assault, molest, harass or abuse the other party. Defence of Apprehended Domestic Violence proceedings is costly, distracting and causes long term breakdowns in communications between parties. It diminishes confidence in parenting capacity and puts the offending parent’s attendance at schools, sporting events and changeovers of residence at risk.
- Do not engage in cyber bullying – whether by way of Facebook, Twitter, text or email. Such publications usually end up attached to an affidavit.
- If an incident with the other parent is escalating, do not lose sight of the big picture. Ask yourself: How will my action or reaction reflect on my ability to parent; to be sensitive to the needs of my children and to be child focused? You are parents for life and there may be more to be gained by disengaging in an escalating conflict, especially if it is in the presence or hearing of the children.
- Keep a diary.
- Look after your physical and emotional health.
- Consider and take steps to arrange mediation to resolve parenting disputes if face to face consultation becomes untenable.
Mark Sullivan is a Director at Mullane & Lindsay, and practises extensively in Family, Relationship and Matrimonial Law. If you require any assistance in this area please contact Mark Sullivan to arrange a consultation or contact our Newcastle office.
The anti bullying provisions – Workplace policies part 3
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and specialises in dispute resolution, litigation and employment law.
The last two articles in this series looked at a number of aspects of the anti-bullying legislation that was introduced into the Fair Work Act (‘FWA’) on 1 January 2014. This article looks at some reasons for having workplace anti-bullying policies.
Any applicant for an anti-bullying order is asked, in the application form, whether the employer had a bullying policy; whether a complaint had been made under the policy and, if so, what the outcome of the complaint was.
Since the focus of the anti-bullying amendments is on the prevention of future bullying, if an employer has an internal policy that enables complaints to be made; and if the employer acts on a complaint and stops any bullying behaviour that is found to the occurred (for example by counselling, internal discipline, or even termination of employment in serious cases) the Fair Work Commission (‘FWC’) is less likely to make any formal orders. That is because if the employer has already ‘nipped the problem in the bud’, an applicant is unlikely to be able to prove there is a risk of future bullying conduct. Indeed, dealing effectively with a complaint makes it less likely the FWC will be engaged at all. Read the rest of this entry »
The anti bullying amendments – When are workers ‘shut out’? Part 2
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and specialises in dispute resolution, litigation and employment law.
The last article in this series looked at the anti-bullying amendments which took effect from 1 January 2014 and particularly at some ‘tests’ that had to be met before the Fair Work Commission (‘FWC’) could make an anti-bullying order. This article looks more closely at some situations in which workers are excluded from bringing a claim for anti-bullying relief; and at the FWC’s powers.
Readers will remember that an applicant has to prove they are a ‘worker’, that they have been ‘bullied’, and that the bullying occurred ‘at work’.
- Is there a risk of future bullying? The FWC only has power to make orders if there is a risk of future bullying. Consequently, a worker who has resigned, been made redundant, or whose employment has been terminated is very unlikely to obtain an anti-bullying order, because the risk of future bullying is remote.
Read the rest of this entry »
New anti-bullying law – Are you ready? Part 1
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and specialises in dispute resolution, litigation and employment law.
The Fair Work Act was amended from 1 January 2014 and includes new ‘anti-bullying’ provisions. Workers can now make an application directly to the Fair Work Commission (‘FWC’) for orders to prevent future bullying behaviour. This is the first in a series of articles that look at the new provisions.
In common with much legislation, there is some ‘devil in the detail’. Just some of the issues that employers (and workers for that matter) need to consider are as follows: –
- Is the complainant a ‘worker’? The definition in the FWA is much wider than a mere ‘employee’. It includes contractors, subcontractors, apprentices, work experience people and, in some circumstances, unpaid volunteers. Employers should not think that that it is only ‘employees’ who can make an application.
- Has the worker been ‘bullied’? The language of the amendments clearly indicates there must be more than one episode for ‘bullying’ to occur but there are no definitions of precisely of what bullying is. One thing is clear: conduct that occurred before 1 January 2014 can be relied upon as an illustration that bullying has occurred. Employers should not think that only conduct that occurs after 1 January 2014 is relevant.
Read the rest of this entry »