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Fines for Property Company Regarding Workplace Law Breach

A company in South Australia has been fined $29,790 in total, by the Adelaide Federal Circuit Court. The Fair Work Ombudsman declared that two men from the state accepted a job as a sales representative with a property company, but were not properly paid . The company is Longridge Group Pty Ltd, which is located in Adelaide, and deals with residential properties.

They had been advertising the position as having a salary potential of $120,000 and more. However, the first man left the position after 10 months, when he had only earned $7,000. After the first man left, another man accepted a job with the company, believing that his earning potential would be above $70,000 annually. After six months had passed, he left when he had not been paid a thing.

Longridge Group was given the fine after the Fair Work Ombudsman took legal action against them. The company had been paying the men with nothing but commission, in the years of 2011 and 2012. They admitted that this had been the case. This arrangement resulted in the men being underpaid a combined total of $24,956, which would have been the minimum award payments.

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How to Avoid the Process of Probate

Settling of personal and financial affairs of a dead person is called as probate, which is carried out by the court. People avoid this process because it takes up several months and even years to get over with it, and the greater the time, the greater the cost. This will leave the heirs with lesser amount of money than initially allocated by the deceased.

You can opt for four different ways, other than probate, to settle the property between heirs or any other beneficiaries. These comprise of; Death Beneficiaries, Joint Property Ownership, Gifts, and Revocable Living Trusts.

Death Beneficiaries

You can appoint a death beneficiary through different financial assets and instruments. After your death, the owner of these properties will be the death beneficiary you selected and it will not remain the part of your estate; hence you will be able to avoid the process of probates completely.  Following financial resources can be utilized which will permit you to carry this out:

  1. Retirement Accounts
  2. Transfer on Death Registrations
  3. Payable on Death (POD) Accounts

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Wage and Hour Division: Are They Paying You Right?

Majority of us would like to make more money than we are currently making in our jobs; however a few among us might even be satisfied by their current wages. Nevertheless, there are some who do not get paid enough for all the efforts they put in. To make sure that nobody is treated unfairly, there is a criterion set for a minimum wage. This is mentioned in the Fair Work Act of 2009. This act is responsible for regulating and keeping an annual check on wages.

The yearly minimum wage is reviewed according to the rules and regulations listed in part 2-6 of the act. The minimum wage panel is a branch of the Fair Work Act that sets the minimum salary that must be given to any worker. This panel reviews and set wages on a national level which are later approved for awards and agreements. For legal advice regarding unfair dismissal or workplace rights, you will need to consult an employment lawyer if you wish to seek legal advice.

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Are You an Oppressed Shareholder? Here is What You Can Do

When the company violates their responsibility, exploits their position, and treats the shareholder wrongly, the shareholders can use the law to protect their rights. The act that caters to their rights is called the Corporations Act 2001 part 2F 1.

In this, under the section of 234, the outline s232 states that the candidates including in this act are; the company’s shareholders, any individual who was dismissed from the list by selective reduction, any other relevant person declared by the investment commission, any individual who has a share in the company either by will or law, and any person who is no longer the shareholder. Furthermore, the claim is based on the time when they were eliminated.

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Are You Liquidating Your Company? You Need To Know These Laws!

Liquidation is when you dissolve all of your assets and shutdown the company, or you sell it off. In order for this to occur, shareholders or the court is responsible for hiring a liquidator, who will then take the interest of every creditor into account and administer the whole process of converting the resources into money. If the company can afford a lawyer, then it should hire an experienced commercial lawyer.

The work involves releasing the company from any legal responsibilities, and allocating the surplus funds among the shareholders according to the company’s policies.

There are three types of liquidation you can opt for:

  • Member Voluntary

In this type of liquidation, a company is closed by its directors or shareholders in spite of having a huge amount of assets. The company is not bankrupt in this type of liquidation; therefore creditors are rewarded with full payment and the rest of the money is divided between the directors or shareholders.

  • Creditors Voluntary

You can opt for this category if you are bankrupt and cannot pay the debts. Here, the company is liquidated in order to pay those debts. According to the creditor’s claim, equal distribution of assets occurs between creditors after the payment of debt, but secured creditors are given more importance by the law. Other laws are also in place to avoid unfair distribution.

  • Court Liquidation

In this kind of liquidation, the directors and creditors request the court to appoint a liquidator for the company and it takes place in the occurrence of a bankruptcy. A court order is compulsory for court liquidation, and the application submitted by the creditor will include the debt that the company is facing.

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All You Need to Know about the Domestic Violence Protection Order

Domestic violence has countless psychological, social, and physical impacts. It includes abusing or threats of abuse by any person whom you live with, be it a blood relative, spouse or partner.

The term abuse means intentionally hurting someone, either physically, verbally, sexually, mentally or emotionally. Threats of doing so, also count as abuse, along with harassing and stalking the person concerned. Keeping the safety of the public in mind, the courts and police have adopted the Domestic Violence Protection Order (DVPO) to protect citizens from such unlawful acts.

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All You Need to Know about Workplace Discrimination and the Legal Actions Taken Against It

Every workplace may consist of many kinds of people, coming from different backgrounds, which makes it a diverse place for interaction. However, not everyone appreciates this diversity and this might result in discrimination against a particular group. At the workplace, discrimination occurs when biased decisions are made against people based on something, which is not under their control. These decisions can be related to promotion, hiring, termination, retribution, reward, assignment of a task, or any other work related scenarios. You should consult an experienced lawyer if you can’t find the information you are seeking online.

Types of Unlawful Discrimination

There are several types of discrimination factors a person might come across at the workplace, which consists of age, sex, race, marital status, religion, nationality, physical disability, sexual orientation or preference, political affiliation and anything else, which is beyond the control of an individual.

Adverse Actions

This includes any discriminatory behaviour. It can be an employee’s dismissal, harming an employee during the course of their employment, changing their position in order to harm them, giving preference to other employee over them, rejecting hiring a potential worker, or modification in the employment offer based on discrimination.

Laws and Legal Actions regarding Unlawful Discrimination

State and federal laws have been put in place to protect the employees and improve the workplace environment. Acts such as, Occupational Health and Safety Act, Equal Opportunity at Workplace Act, Public Service Act, and Fair Work Act, are a few that deal with such harassments. Other specific laws tackle different types of harassments, which are discussed as under:

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Crimes Committed By Mentally Ill Individuals

Research suggests that Crime and mental illness unfortunately go hand in hand. Records also show that many criminals usually have some sort of mental illness due which they end up facing repercussions from the  criminal justice system at any one or multiple points in their life. However, the offences may not always be violent crimes.

When it comes to criminal activities, many people try to avoid punishment by opting for the ‘not guilty by reason of insanity’ clause. This, however, causes difficulties for the court and requires psychological testing to proof the plea. It is then determined after the testing, whether a person should be admitted to a mental hospital or sentenced to jail.

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Child Custody after the Execution of a Divorce

Getting a divorce is a messy business and where children are concerned, it tends to become even more sensitive. A longitudinal study was conducted by Wallerstein et al. in this regard. They interviewed adult children of divorced parents, and discovered that all of them still carried some negative effect of their parent’s divorce, which had instilled a fear of relationships and commitment among them.

This tells us that no child is able to completely cope with their parents’ divorce; therefore, legal matters regarding child custody should be handled seriously and carefully to avoid the damaging psychological impact.

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Use of Force as Self Defence

The laws of self-defence differ in many countries but the general principle is mostly the same. The US allows its citizens to carry a few weapons with them in order to protect themselves; however, they must have a license to carry those arms. On the other hand, Australia is against the use of weapons in self-defence situations and is highly dependent on the police for the protection of its citizens.

Self-defence is an act performed by an individual to protect themselves in case of murderous intent, assault and battery, rape or any other violent act being committed towards them. A plea for self-defence can include any criminal charges or liabilities for committing a crime, causing injury to or death of another person in the situation. You may need to consult a criminal lawyer in order to get specific legal advice.

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Adoption and Its Legal Requirements

Adoption is a common process these days but it has not been declared particularly, as a fundamental right of any citizen. This is why, in order to adopt a child or a teenager, a proper legal process is available and must be complied with. Only then will the authorities determine if the person is eligible to adopt a child.

As such, adoption means the legal process of taking responsibilities of a child as a parent and becoming a custodian for that minor. For the process to be successful, the guardian should be an adult and should form an emotional bond with that child over the course of time. This process further benefits the adoptee, by granting them the opportunity to become a legal heir of their adopted parents and eliminate their relationship with their birth parents.

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Laws Regarding Criminal Trespassing

Trespassing, in general, comes under the category of criminal law as well as tort law. However, this article will be focusing on criminal trespassing. It is also known as breaking and entering.

Entering or staying on a land or property without any authorization, permission or right is called criminal trespassing. It also includes entering a place of worship and committing offence, which comes under sacrilege. In such instances, the notices in opposition to entering or residing on the property, are sent, either through oral or written communication, by the owner or through the agent who has been given the authority to do so.

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How Does A Binding Financial Agreement Work?

Life is uncertain and by being realistic about it and planning before a problem occurs; you can avoid a lot of issues in the future. Binding financial agreements are those contracts which are made before, during or after the course of a relationship. It is based on the planning of finances and asset division if the relationship falls apart.

These agreements are made between people before, during, or after a de facto relationship or marriage; the de facto couples can be of same or opposite sex. Although a lot of people frown upon such agreements; they may save you from a lot of legal troubles.

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Laws regarding Sexual Harassment at the Workplace

Sexual harassment is a type of sex discrimination. In it, the victim feels intimidated and mortified by any undesirable or unwanted sexual behavior. These sexual advances are not reciprocated or consensual. It is also highly contrary to everyday interactions, flirting or friendship among workers.

In a few circumstances, sexual harassment is against the law as stated by the Sex Discrimination Act 1984.These advances include, undesirable physical touching, sexual innuendos or remarks, requests for dates or sex, staring, sending sexual content through emails or text messages, or having journals, posters, or screensavers, which are inappropriate and of a sexual nature.

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Sexual Offences and Legal Actions against the Offenders

The Crimes Act 1900 (NSW) states sexual offences as criminal offences. These offences include; sexual assault, indecent assault, indecent acts, child sexual assault, and aggravated sexual assault. Committing these acts or even an attempt at committing them counts as a sexual offence.

In 1981, a few modifications were made in this act, which added ‘rape’ to the ‘sexual assault’ category. Moreover, the act was made gender neutral to remove the bias. Hence, now, both male and female can be victims and offenders. Below discussed are the definitions of these offences with the legal actions taken against them.

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Probate and Non-Probate Properties

When making a will, an individual should know the difference between a probate property and a non-probate property. The property will be distributed among heirs and beneficiaries after their death; therefore it is important to know such differences. Assets which the court distributes among the heirs are called as probate assets; whereas the assets which go straight to the beneficiaries and don’t have to go through the process determined by the court are known as non-probate assets.

As the probate process is lengthy and includes steps like; hiring an executor administrator, assets collection, bills payment, tax filing, property distribution among heirs and filing of final account; people attempt to steer clear of it and focus on non-probate properties.

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Are You Getting Ripped Off at Work?

As an Australian employee, you have certain rights that ensure fair pay and treatment. Workers must be paid the right amount, when they are entitled to it. In addition, they must be given all applicable entitlements, and be treated in a fair manner while at work. It is unfortunate that employees are often taken advantage of, and not permitted what is rightfully theirs. To make matters worse, a lot of people do not know that they are being paid less than they deserve, or having entitlements withheld.

This is a guide to help employees identify whether or not they are being “ripped off”.

What Type of Employee Are You?

First, it is important to understand what kind of employee you are.

  • Full time workers are generally under contract to work around 38 hours each week. They might also receive benefits such as paid leave, a minimum number of work hours guaranteed each week, and minimum requires for being terminated.
  • Casual workers are not hired on a regular basis. They do not have a guaranteed amount of hours, or any fixed shifts. They can have their position terminated at the end of any shift. They also do not receive benefits such as paid leave, or any minimum requirements for being terminated, such as notice. To compensate for this, casual workers typically receive a higher award rate than their full time counterparts.

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Can Your Employer Suspend You?

Most people are lucky enough to work in an environment where the employees and managerial staff get along well. Even so, people often do not agree in certain situations. When this happens, things are hopefully resolved amicably. When this is not the case, it might be necessary for a boss or manager to wish to suspend someone from work. They might even want to go so far as to suspend an employee’s contract entirely. While school principals often need to suspend children for various reasons, people might wonder if it is legal for an employee to be suspended from their job.

There is nothing in common law that gives an employer the right to suspend a worker without their pay. That includes situations where an employee’s behavior was bad enough to get them fired, if that were possible. When creating a contract at the commencement of a new position, an agreement regarding suspension can be included. If such a contract, statute, or award does already exist, an employee can be lawfully suspended from work. They might not be entitled to their wages, or be under obligation to carry out any duties in the workplace.

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All You Need to Know About Probate Procedure

Distribution of resources takes place after the death of the property owner among the selected beneficiary or their heirs, as the law states. For that purpose, the assets of the decedent go through the process managed by the court, named probate process. The process is necessary as it facilitates in; proving the legitimacy of the will, appointing executor to manage the estate, finding heirs, inventory of the property of decedent, and property distribution of the dead person according to their will, or state law; in case of no will.

Probate Process

In this process the debts of the deceased is settled and the legal ownership, if it is owned completely by the departed person, is transferred to their beneficiaries and heirs. In case of will going through the process of probate, it is initiated when the executor of the will (nominee of the decedent) take the will for probate in the court of the same country the deceased lived or had property in.

Situation where the will is not present, the person needs to take court’s permission regarding appointing them as a proprietor of the estate. This individual is either the spouse or a mature child of the decedent, most of the time. When the court appoints them, they become the executor or manager of the estate, lawfully.

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How Are Combat Sports Legal?

They have been around for so long, that many people never really think about their legality. It certainly causes grief amongst various groups, particularly those who deplore violence of any kind. Since the purpose of the sports, such as boxing, is to cause physical injury to another person, how do participants avoid criminal charges? Sports like kickboxing, wrestling, and martial arts do seem to fall under criminal assault laws. But they clearly are not considered illegal, and there are reasons for this, however ambiguous they seem

The Laws

Australian jurisdiction covers combat sports specifically. The Combat Sports Act 2008 in NSW, and the Professional Boxing and Combat Sports Act 1985 in VIC are two of these. But what exactly makes something a “combat sport”, and not just regular fighting? It needs to fulfil at least one of these requirements:

  • It must be carried out for a profit.
  • The participants must be given some type of money reward.
  • Members of the public must be allowed to watch in exchange for an entry fee. If it is a charity event, admission prices are not required. However, a combat sports charity event must be overseen or organised by an amateur boxing organisation or the Minister.

It is easy to see that what happens during a combat sports event, and in an incident of assault, are largely similar. In both situations there is bodily harm or even serious wounds given, on purpose. While the above laws seem fairly straightforward, there have been many cases regarding the matter.

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With Children, Do You Really Need the Courts?

In many legal situations, it is pretty clear that a court order is going to be necessary. When one or both parents are arguing heavily, and simply cannot agree with each other, there might be no other choice. Where there is a lot of conflict, and especially when the safety of a child is at risk — family lawyers should be involved.

There are many times when it seems like a legal agreement is not necessary. If both parents are getting along with each other, and have separated without much bad will, you might think that things can be worked out between each other. Are the children being kept from hearing adult discussions, and able to continue their lives without being disturbed by fighting? An agreement might have even been outlined, where each parent is happy. When both are flexible and willing to accommodate each other, for the sake of a child, it might seem like everything will be fine.

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“No Idea” About Minimum Wage Laws Leads to $46,000 Unpaid Wages

A business where management claimed to have “no idea” about the laws regarding minimum wages, has been ordered to pay $46,000. This was announced by the Fair Work Ombudsman, regarding the owner of a fast-food restaurant located in Melbourne. The operator had been paying its staff below the national award rate, and told officials that they did not know about minimum wages.

A food outlet, called Mr Kitchen Box Hill, was the business in question. Between December of 2013, and January of 2015, 18 employees were paid less than they were legally entitled to. The owner and the employees had agreed to a flat rate of $17 per hour, which is $1.52 an hour less than the award rate for the fast food industry. Of the individual employees, the biggest two underpayments were $12,071 and $13,584. Chinese nationals operate the company, via DM&G Pty Ltd. It is located in the shopping centre in Box Hill.

Natalie James, the Fair Work Ombudsman, stated that the Fair Work officials believed the underpayments to be an honest mistake. They did not find any reason to believe that the operator had been paying their staff too little on purpose. They genuinely seemed to be ignorant of the laws. The limited company has complied with officials, and expressed a desire to follow the workplace regulations closely in the future. The company has signed an agreement with the Fair Work Ombudsman, which is an enforceable undertaking. This will ensure that their behaviour does comply with workplace legislation in the future.

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Winning the Lottery after Separating

After you and your spouse separate, do you think all lottery winnings should be yours alone? Striking it rich should be the happiest of times for just about any person. However, the idea of being forced to share that money with someone who you are no longer with, could be enough to ruin this for many people.

There is a chance that a large amount of your winnings could be awarded to your ex-partner. There are many cases where exactly this has occurred. One example is from October of 2014. In this situation, the Eufrosins were still married, but had been separated. The money that paid for the ticket in the first place was carefully considered in this case. The wife was the winner of the lottery, but the husband claimed that the ticket was actually purchased using funds that they shared. His logic was that he had contributed to buying the winning ticket, and felt that he deserved a share of the lottery money.

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Victorian Drink Driving Trends and Laws

It should go without saying that the legal system heavily frowns upon drink driving. Where a drunken driver’s actions lead to serious injury or death, the case it taken especially seriously by judges. When people get behind the wheel of a car after drinking more than the legal amount, they are risking the safety of others, and the community as a whole.

There are a number of factors that will affect what the consequences are for drink drivers. If charges have been laid against you for drink driving, and you are found guilty, things like the level of alcohol in your system, if you have had any previous offences, if you were taking narcotics, and how fast you were going are all factors. Depending on these things, you might face some serious time behind bars, should you be convicted.

If you have been charged with drink driving, and given a summons to go to court, legal counselling will be essential. This is a dire charge, and it should not be taken lightly.

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Sorting Out Finances for Cohabiting Couples

If you are living in a de facto relationship, as many other couples around the country are, you might think that there will never be need for lawyers. After all, without the formal agreements that come with marriage, everything you own is yours alone, right? This is a dangerous way to think, because you do not need to be married to be at legal risk, when it comes to your finances.

Couples who have been classified as de facto have a lot of the same rights as married couples, when it comes to separations. In fact, property settlements are largely similar, whether you are married or just cohabiting. This can even extend to the division of superannuation, and spousal payments.

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New Vaccination Laws Could Put Stress on Families and Courts

The new “no jab, no play” laws might bring more problems than many advocates are aware of. Where separated and divorced parents are concerned, differing opinions could lead to undue pressure. This in turn could place additional stress on the family court system.

The Victorian Government has been pushing to bring in legislation that would effectively force parents to immunise their children, if they want to take advantage of childcare facilities, as well as kindergartens. Laws such as this have been passed in the US, as with California. Parents in the area are required to have their children immunised, unless they have a legitimate medical reason not to do so. This does not take into consideration personal beliefs on the topic, and has been a highly controversial law.

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Fortune Telling and the Law

There are many aspects of live that people do not think relate to criminal offences. One of those things is fortune telling. While the act of fortune telling is not actually an offence in Australia, there have been criminal cases surrounding the profession. These also cover other areas, where anything similar to using “mysticism” or “divination” as part of a business occurs.

It would please many people if fortune telling were illegal. After all, there is no evidence that these businesses are legitimate. It also raises questions about what “misleading” exactly is. Can a fortune teller be criminally charged for giving a prediction that turns out to be untrue? Looking at the laws, this might seem to be the case. However, the legal system is more concerned with people using their spiritual businesses to defraud and take advantage of people, in more malicious ways.

Is Fortune Telling Legal?

Fortune telling is a criminal offence only when the person doing the telling plans on misleading people as part of a crime. This is how the law goes in South Australia and the Northern Territory at least.  Anyone who uses a spiritualistic method to defraud someone is considered to be breaking the law in these places. This is demonstrated in the case below.

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Don’t Hesitate to Ask About Legal Fees

Legal fees are a big concern when members of the public think they will need a lawyer. This is for a good reason, as those fees can add up to, and in excess of, tens of thousands of dollars. It is important to realise that this usually only happens when litigation cannot be avoided. This is typically due to at least one party being difficult or claiming more than they are rightfully entitled to. Whoever is the cause of the problem, both parties are often forced to spend thousands of dollars too much on legal fees.

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Process of Prosecuting a Crime

Before a criminal case can be filed, there has to be a police report submitted. This is read by the prosecutor, who will decide if the matter needs to lead to criminal charges. The prosecutor can alternatively ask the grand jury to make the decision, asking what charges need to be filed. After this, a preliminary hearing is held by the judge, where they will decide if the matter should proceed. This usually relates to how much evidence is available, and whether there really is any case to pursue.

Charges must generally be filed within around two or three days, by the prosecutor. Since they need to make a decision so quickly, the actual charges might change over a length of time.

Arrest and Police Report

If someone has been arrested, they cannot be charged with a crime immediately. First, the police must create the aforementioned police report, which is given to the prosecutor. The details that lead up to the person’s arrest are recorded in the report, as well as information about the actual arrest. This includes things like the time and date of the arrest, where it happened, who was there to witness it, etc.

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