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The National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) mandate the minimum notice period an employer must provide to terminate an employee's contract. However, the concept of "payment in lieu of notice" is often misunderstood. This article aims to provide an overview of what payment in lieu of notice entails, its legal implications, and common misconceptions in practice.

The amount of first conferences lawyers have where they are told, “I only want a fair property settlement”. Well, what does a fair outcome mean? From the outset, your lawyer is not going to (well really shouldn’t) give you a definitive outcome.

When and why might the Court remove the executor of a deceased estate? When does an executor’s ill health warrant their removal? Moore J considers these matters in the recent decision of Jedrzejewska v Sheedy [2023] VSC 511 (30 August 2023).

According to statistics generated from the AIFS, the median age of Australians who divorce has risen, with the average female being 43 years old and the average man being almost 46 years old.

HECS/HELP debts have become topical recently with high inflation causing HECS/HELP debts to rise by 7.1% in June 2023. With rising levels of debt together with more and more people pursuing tertiary education, we are starting to see people ask us whether HECS/HELP debts are considered in a family law property settlement.

A Binding Financial Agreement, colloquially known as a ‘pre-nup’ or ‘post-nup’ is an agreement which formalises how a couple’s assets, liabilities, and superannuation will be divided in the event of a marriage or relationship breakdown. Once parties enter into a Binding Financial Agreement, they essentially give up their rights under the Family Law Act for the Federal Circuit and Family Court of Australia to determine their property settlement.

On 15 June 2023, the Federal Court of Australia handed down a decision concerning an application pursuant to ss 90-10, 90-15 and 90-20 of the Insolvency Practice Schedule (Corporations) to replace the liquidators of Allibi Pty Ltd ACN 124 066 717 (in liq) (Company) by reason of a demand the liquidators made, which the Court held did not have a proper basis.

With the amendments to the unfair contract term regime set to apply from 9 November 2023, it is a prudent time for a refresher on unfair contract terms. If you want more information on these changes, see our ‘Expansion to Unfair Contract Terms Regime’ article.

On 9 November 2022 the Federal Government passed the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (UCT Bill) which will substantially change the unfair contract terms regime in the Australian Consumer Law sphere.

I have been living with my partner for a few years. Am I an in a de facto relationship? What is a de facto relationship?

The Court can set aside a Will, even if the person signing the Will had testamentary capacity and wanted to sign their Will.

2023 has proven to be a year of significant change in the employment and workplace relations space.

Insolvency law, a practice area very near and dear to our hearts (we are assuming that is why you are here) but like anything, there is always room for improvement.

A common question people have when they come to speak with us, is my superannuation treated as an asset of the relationship or marriage? The simple answer is yes.

A Recent Case Study of Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) [2023] FCA 694

From 1 July 2023, Windfall Gains Tax (‘WGT’) will be applied to properties rezoned in Victoria.

Pets have become an integral part of the family unit. But what happens when the family unit breaks down? Who takes the pet? Surely, this is not a family law property related issue.

Financial abuse often occurs within relationships, where one person seeks to exert control over another. National Australia Bank's (“NAB”) decision to take a firm stand against financial abuse is a significant step towards protecting vulnerable people.

Most family law clients across my career have come to see me in a heightened state of panic and concern.

When going through a family law property settlement, most of the negotiations are largely focused on the division of marital assets such as real estate, shares, motor vehicles, and cash.