A Death Benefit Nomination is a tool utilised to distribute superannuation savings to a beneficiary. The Australian legal system separates an individual's personal assets from their superannuation. Unlike a deceased's bank accounts or property, which form part of their estate and will be distributed in accordance with their Will, superannuation savings can be directed straight to a beneficiary and bypass their estate.
If a mediation is to be successful, it requires some transparency on the part of all parties. The difficulty is knowing how much information to share in a mediation, without compromising your own position, as Samuel Ellemor, (Accredited Specialist (Workplace Relations) explains.
Issues with executors may arise if there are any disagreements in their ability to carry out their duties in the administration of an estate. The role of an executor (or administrator) is often open for dispute, whether between co-executors or between executors and beneficiaries.
As of 12 March 2018, the Victorian Government has brought into effect a Medical Power of Attorney makeover, under the Medical Treatment Planning and Decisions Act 2016 (Vic). The key purpose of this Act is to provide for the making of medical treatment decisions on behalf of people who do not have decision-making capacity, through the provision of two key documents: a Legally Binding Advance Care Directive and an Appointment of Medical Treatment Decision Maker.
Owners Corporations, hosts and other occupiers dealing with short-stay accommodation operations, such as Airbnb. Apartment owners and occupiers who host Airbnb guests may now be held liable for damage, noise or loss of amenity caused by their Airbnb guests.
Have you or your business ever received any fake reviews online, or reviews which you believed to be misleading? Alternatively, have you ever thought about publishing your own false reviews online to balance out the negative reviews? As we have moved further into the 21st Century, people are becoming more reliant on what they read online for reviews as opposed to more traditional methods of review such as word of mouth. This can be a big problem if fake reviews are published about you or your business.
We frequently see disagreements between Landlords and Tenants of retail premises about who is responsible for repair and maintenance of an air conditioning system. So, whose legal obligation is it? Read here for more information.
Under the Fair Work Act 2009, some employees have a right to request "flexible working arrangements". This is one of the National Employment Standards included in the Act. Flexible working arrangements can include changes to the employee's hours of work, place of work and job structure (e.g. job sharing).
In recent years, the Fair Work Commission has heard a number of matters in which drunken employees were dismissed for bad behaviour at their respective work Christmas parties. However, one dismissal was deemed unfair, while in others it has not been determined to be unfair. Read here for more information.
