8 05, 2018

When conveyancing comes to the crunch

2018-05-08T10:03:56+10:00May 8th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 May 2018. Gary and Jill wish to sell their home and relocate closer to their children. They own their property as joint tenants. Paul wishes to purchase the property and after paying a 10% deposit to the real estate agent, contracts are signed and exchanged. Settlement is scheduled to occur 28 days later. Unfortunately, Gary dies before settlement. […]

1 05, 2018

Beneficiary entitled under Indigenous customs

2018-05-01T15:45:33+10:00May 1st, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 April 2018. Michael, an indigenous Australian, died without a will. Michael had very few physical assets, but searches revealed that he had funds in superannuation and that a substantial death benefit was payable. […]

24 04, 2018

Employer thought employee was casual, ordered to pay annual leave

2018-04-24T09:39:21+10:00April 24th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 April 2018. In January 2003, Travis had recently finished high school and needed work. He visited OG Quarries Pty Ltd and spoke with Gary, the quarry manager. Gary offered Travis a start and put him to work immediately as a labourer. Travis proved to be a hard worker and continued employment with OG Quarries for 15 years. He was provided yearly pay increases and consistently worked at least 38 hours per week, plus overtime at double pay. However, in January 2018, after a disagreement with his foreman, Travis was fired and told to leave the [...]

17 04, 2018

No limitation period for child abuse civil action

2018-04-17T09:53:54+10:00April 17th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 April 2018 Jennifer, who is now 45 years of age, was sexually abused by her step-father when she was in her early teens. Over many years, Jennifer has difficulty coming to grips with the abuse and it is only in her early 40’s that she seeks counselling and reports the abuse to the police. […]

10 04, 2018

An employment relationship of convenience

2018-04-10T12:15:09+10:00April 10th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 April 2018. Graham worked for Babel Fisher Pty Ltd, teaching Spanish language classes. Graham was initially employed on 1 April 2015, as a full-time teacher under a 12-month fixed-term contract. On 1 April 2016, when Graham’s contract expired, it was renewed for another 12-months, then again for a further 12-months on 1 April 2017. In March 2018, Graham is informed by his manager that his contract was not going to be renewed, as there had been concerns about his performance. […]

10 04, 2018

Seek early advice to protect your entitlements

2018-04-10T11:42:19+10:00April 10th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 31 March 2018. Josh is 38 years old and married with two young children. On Wednesday 28 February 2018, Josh is involved in a serious car accident with another vehicle and fractures his right arm. After attending the accident scene, the police interview Josh but it is unclear who was at fault for the accident. Josh spends a few days in hospital and is sent home in a cast. Josh’s Doctor informs him that he will be unable to work for at least 10 weeks. […]

27 03, 2018

Looking-after Jane’s best-friend

2018-03-27T09:09:39+10:00March 27th, 2018|

Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 March 2018. Jane’s best-friend is her Labrador, Lucky. Jane is concerned about making proper provision for Lucky in her will. Jane discusses her wishes with her solicitor. The solicitor advises her that although some clients ask that their will include a clause requiring a pet to be destroyed, it is possible to establish a trust in her will to ensure that Lucky is properly looked-after. […]

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