After Separation: How to get to the next stage?

Separation can affect our emotional well-being. It is a major life crisis that affects the way we feel, think, and act.

Can you recognise some of the following situations?

• Ongoing conflict with your ex-partner.
• Long and drawn-out dealings with the legal system.
• More or less parental responsibility.
• Living apart from your children.
• Unemployment.
• Lack of money.
• Guilt in thinking you have ‘failed’ in maintaining a successful relationship.
• Changes and uncertainties about parental boundaries between you and your ex-partner.
• Your children’s reactions.
• Loss of home, friends, and dreams.

SEPARATION AND FEELINGS

Looking after your feelings and emotions is as important as taking care of your body. Most of us take care of our physical health far better than our feelings.

The separation roller coaster ride — stay buckled and keep your head!

The emotional impact of separation can be intense — like a roller coaster ride that you didn’t buy a ticket for. The emotions you feel can come and go. Separation can bring with it lots of highs and lows. You might feel these things separately or you could have a mixture of feelings at any one time.

Separation feelings

Every person who is involved in separation experiences it differently.
The one who is ‘left’ may have different feelings to the one who did the ‘leaving’ or to those who mutually agree to end the relationship.

1. ANGER: Feelings of resentment, Thoughts, are confused, and Behaviour is unpredictable.
2. SHOCK AND DENIAL: Feelings of fear, Thoughts are mixed up, Behaviour is frozen
3. DEPRESSION/ ISOLATION: Feelings of helplessness, Thoughts are jumbled, Behaviour is unwilling
4. ACCEPTANCE: Feelings of resolve, Thoughts are practical, Behaviour is energetic
5. CHANGE: Feelings of empowerment, Thoughts are focused, Behaviour is productive

Some feelings connected with separation will not appear until later on and can affect people differently at various times. New feelings can arise many months or years after the time of separation.

Signs

There are certain signs that you should be aware of after separation that could mean you need to pay attention.

Do-It-Yourself tips for managing signs

Have healthier thoughts

• Write things down instead of trying to remember them.
• Pick a place and time to do your worrying. Make it the same place and time. Spend 30 minutes thinking about your concerns and focus on what is really happening — not what might happen.
• Know your limitations and let others know them too.

Balance your moods

1. Practice relaxation to reduce the impact of frustrating situations:

• Breathe in slowly, fill up your lungs and try to make your stomach rise,
• Hold your breath for a few seconds, and
• Breathe out slowly; let your stomach go back down.

2. When irritated find a quiet spot (even if it’s in the loo) and take the time to sit still.

3. Let yourself cry if you need to.

Be positive

• If feeling rejected — look at what are the triggers (for example a song or a special place) and do something different.
• If feeling guilty — work out whose expectations you are trying to meet. Check if these expectations are really true and negotiate them if you can’t meet them.
• If you are afraid of the future try to focus on the things you can change now.
• If feeling isolated — consider joining a social group such as sports, hobbies or sole parents support group.
• Try positive self-talk, self-praise, and self-encouragement.

Good communication

• Check the way you react to the other person — 60% of your message is sent through your body language e.g. rolling of your eyes in frustration or arms crossed in anger.
• Tell friends what you need to maintain their friendship. When together, agree not to discuss or criticise the other person involved in the separation.
• If an argument starts, STOP and think — is this helping or making things worse? Agree to meet later after you have had time to consider the options.
• Write your frustrations and anger down on paper and throw them away.
• Keep things business-like with the other parent, and don’t get into personal issues. Stick to agreed topics.

Look after your body

• If your appetite has reduced, eat small portions more often of food that you particularly like.
• When you feel and look good, people respond more positively to you.
• If you have trouble sleeping try to establish a pre-sleep routine, e.g. washing your face and cleaning your teeth, having a warm drink, or listening to soft music.
• Try to slowly cut down on stimulants like caffeine, alcohol, and cigarettes.
• Stretch. Being tense affects your muscles and breathing. Try rolling your shoulders up and back then relax. Inhale deeply as you roll up and exhale as you relax. Repeat this a few times.

Pressures

As a separated parent, surviving day-to-day becomes your priority. You have to deal with a number of new and sometimes competing tasks.

What pressures are you feeling following your separation?

Do-It-Yourself tips for managing pressures.

Dealing with government departments

• Ask for the name of the person that you are dealing with for future reference.
• Keep copies of documents provided to each department (record the date, person, and section they are sent to).

Getting time off work

• Speak to your superiors and colleagues, and explain your situation. Suggest a possible compromise — Friday afternoons off for an extra 35 minutes a day. Set a period of time for this then review it.
• Know your limitations and let others know them too. Smaller social network
• Consider volunteering where the work is done on a group basis e.g. fire rescue service, life-saving, your child’s school Parents and Friends network. Learning to cook
• Ask a friend to teach you to cook in exchange for doing some handy work, mowing their lawn, babysitting, or helping with some other project they might have on.
• Borrow a book from the library on cooking basic meals.

Maintaining the car

• Look on the web for information on your brand of car.
• Get road service membership such as NRMA, RACV, etc for when you lock your keys in the car, have a flat tire, your battery suddenly goes dead, or your car breaks down in an inconvenient location.
• Take a course in car maintenance.

Shopping for groceries

• Look on the web for home shopping grocery sites such as Coles or Woolworths. Browse through each section and make a list of what you need — use this as a prompter each time you shop. It also gives you an idea of the costs involved.
• Generic food brands are often cheaper and just as good as the label brands.

Less money

• Contact your local utility service company to arrange installment payments for your electricity, telephone, insurance, rates, etc.
• Join a group that buys groceries in bulk — this can be cheaper. These are usually co-ops or local community groups.

Managing relationships

• Ensure that the important people in your children’s lives are invited to school plays, religious ceremonies, music recitals, sports events, etc.

Understanding your children’s routine

• Have a calendar or notebook with important dates highlighted, e.g. sports carnival, swimming carnival, parent reading at school, doctors appointments, weekend sports locations, etc. A comprehensive list is provided in Me and My Kids on page 35. To order a copy, see the inside cover of this book.

Organising care for the kids

• Talk to your child’s school and see what school care programs you can access e.g. before and after-school care, and holiday programs.
• Place a notice for parents in the school newsletter requesting child minding after school. In return, offer something that you can do for the other parent.
• Enquire with your local community service provider about available child care programs.

If you need advice on these and any other family law issues please get in touch with one of our family lawyers in either our Brisbane or Gold Coast office on 1800 217 217

Article Source: How to get to the next stage after separation? 

Why You Should Consider The Australian Employer Nomination Scheme Visa?

This article aims to briefly examine the Australian Employer Nomination Scheme Visa and why an eligible applicant should consider applying for this visa which is otherwise knowns as subclass 186.

Direct Entry Scheme

Unless otherwise stated, a qualified applicant who has found a qualified Australian employer to sponsor his/her visa application, should consider the Direct Entry Scheme and once granted the visa, benefit from living, working, and studying in Australia indefinitely.

How does the nomination work and who can nominate me?

It is important that the employer nominator’s business is active and lawfully established in Australia. The authority(s) will also look to see if there is any adverse information about the employer nominator or person associated with them. Once you are nominated, you are required to apply for the visa within 6 months of the nomination being approved. Your occupation must also be in the relevant list of eligible skilled occupations. 

Do I need to have work experience in order to apply for the visa?

Unless an applicant is exempt, most applicants need to have at least 3 years of relevant work experience in the occupation they are nominated for. If an applicant is exempt from the skills assessment, then he/she is also exempt from the work experience requirement.

Do I need to be licensed to apply for the visa?

Yes. You are required to register or be a member of a professional body if it is mandatory in the state or territory you intend to work. 

Is my age a factor when considering subclass 186?

You must be under 45 years of age when you apply. There are a few exceptions to this rule — For instance, if you are nominated as an academic by a university in Australia or you currently hold a Special Category (subclass 444) and worked in the nominated position for at least 2 years in the last 3 years immediately before you apply.

Am I able to sponsor my eligible family members?

The short answer is yes. Often a question is asked as to who are the eligible family members can be sponsored under this subclass. You are able to include your partner, your dependent child or stepchild, your partner’s dependent child or stepchild, and the dependent child or stepchild of your or your partner’s dependent child or stepchild in your application.

Am I able to enroll in Australia’s public health care scheme known as Medicare?

Yes. You can find out more information about this by visiting https://www.servicesaustralia.gov.au/medicare to see what health care is covered by Medicare, how to enroll, and how to claim it.

Do I need to have a certain level of English language to apply for this visa?

Yes. You must at least have competent English to be granted this visa. As an example, if you take the International English Language Testing System commonly knowns as IELTS, you must earn at least 6 for each of the 4 components.

For detailed information about this visa, you may access the following links:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/direct-entry-stream#Overview

For advice or assistance with all immigration law matters and the latest update contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217 

Article Source: Employer Nomination Scheme Visa

What Is A Caveat And Do You Need One?

Introduction to Caveats

In Queensland title (ownership) in land (including where applicable, improvements – e.g a house) is determined by registration of your interest with the Land Titles Office, headed by the Registrar of Land Titles.

Given the importance of registration, if you have an interest in land that for some reason is not registered there is a risk that another person may register their interest before yours with the other person’s interest ranking above or having a higher priority than your interest.

In such circumstances we may recommend you consider lodging a “caveat” on the title to that land to protect your interest. The word caveat means ‘beware’ and lodging a caveat warns anyone dealing with the land that someone has a priority interest in that land.

However, it is important to understand that a caveat does not provide all of the benefits of registration of your interest and should never be seen as an alternative to registering your interest on the title to the land.

What is a Caveat?

A caveat is a notice to the Registrar and the world at large which, subject to some exceptions, prevents the registration of an instrument or document claiming another interest in the land affecting the interest claimed by the caveator (the person who lodges and receives the benefit of the caveat) in that land until the caveat is withdrawn, removed, lapses or is cancelled.

Who Can Lodge a Caveat?

Only a person who has a caveatable interest is entitled to lodge a caveat or to instruct their lawyer to lodge a caveat on their behalf. Such parties include

• a person claiming an interest in land;
• a person to whom an Australian court has ordered that an interest in land be transferred;
• a person who has the benefit of a subsisting order of an Australian court in restraining a registered proprietor (owner) from dealing with land; and
• by a purchaser under an instalment contract

There are a number of circumstances where a person might claim an interest in land and wish to consider lodging a caveat.

Some typical examples are as follows:

1. EXAMPLE 1 – A Purchaser of Land
   A person who has entered into a contract to purchase land (purchaser), on that contract becoming binding between them and the seller, acquires what is known as an “equitable interest” in the land being purchased. It is this equitable interest that qualifies as a “caveatable interest” entitling the purchaser to lodge a caveat. The purchaser will not be the legal owner of the land until the transaction settles and their interest is registered with the Land Titles Office. The purchaser’s interest is therefore subject to a risk that someone else could register another interest in the land before the purchaser registers theirs. By lodging a caveat a purchaser can prevent others from registering interests ahead of their interest.
2. EXAMPLE 2 – Parties to Family Court Proceedings
   This would cover a person who is a party in family law proceedings and wants to prevent any dealings with the property before those proceedings are resolved.
3. EXAMPLE 3 – A Person Claiming a Trust in the Property
   This would cover a person who has contributed funds for the purchase/maintenance of a property but holds no legal interest in the property.

Lodging a caveat

It is best to consult a lawyer so that advice can be obtained as to whether a caveatable interest actually exists, whether there are any contractual prohibitions on the lodging of a caveat, and whether further registrations to be made on the caveator’s behalf may be affected.

There is also a risk that the caveatee (person over whose land the caveat has been lodged) may bring a Supreme Court action for the removal of a caveat and if successful the caveator may be exposed to the risk of costs and compensation orders.

Effect of a Caveat

A caveat has the effect of prohibiting the registration of an instrument or document, affecting the land or interest claimed by the caveator until the caveat is withdrawn, removed, lapses or is cancelled.

Lapsing of Caveats

Caveats will lapse (hence be of no effect) after the expiry of three (3) months from the date of lodgement unless you register your interest (if possible) or commence court proceedings against the caveatee in respect of the interest claimed by you.

Conclusion

It is not possible in a short article to cover all aspects of caveatable interests and caveats but we are always happy to discuss with you the following matters:

• whether you have a caveatable interest;
• any risks that you may face by lodging a caveat;
• whether a caveat should be lodged to protect your position;
• assist you in defending an application to remove the caveat;
• registration of your interest (if available) on a timely basis; and
• instituting legal proceedings, in support of the interest claimed when lodging the caveat, on a timely basis

Please check out some other important articles on our blog:

Is The Bar Marginalising Mediators? | Lawyer Brisbane

Property Conveyancing Transaction | Property Lawyer

Are the Legal Services Commission (LSC) | Employment Lawyers Brisbane

👉👉 Find Experienced Property lawyers near you on Google maps (AylwardGameSolicitors - Google Search) anytime at Aylward Game Solicitors

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005

Article Source: What is a Caveat? 

What Every Business Manager Needs To Know About Unfair Dismissal

UNFAIR DISMISSAL? A term slung around very often.

But what do employers need to know, and probably don’t?

A useful statement from a senior Judge of the employment court in a mediation conference was where he told both lawyers that “it is all about conducting a proper assessment of the risks and making sure your clients understand them”. When considering dismissing an employee, it is probably timely to ask yourself the question – As an employer have you considered any and all risks that termination of an employee may bring upon you?

As an employer why should you avoid unfair dismissal claims and how?

An unlawful dismissal can cost an employer in terms of time, money, and reputation. Claims can be multiple so are the remedy(s). To properly dismiss and to minimize your penalty risks, simply ask these questions from yourself, although the list is not exhaustive:

• Is termination the only way to address the employee’s conduct?
• Is this in accordance with the termination clause in the employee’s agreement?
• As a decision-maker, have you directed your mind correctly to the reason for termination and the consequences of your decision; and
• As a reasonable person in the employee’s shoes, do you consider the dismissal fair and reasonable?

What if the termination is the right call?

Whether it is a simple termination or summary dismissal, always double-check your facts, notes, and the history that led the situation to become what it is before you. At best, if the termination call is the right one, and unless the situation is not serious to warrant summary unfair dismissal, make sure that:

• You are not overreacting to a matter that may deserve a lesser action than termination;
• You have proper procedures in place to investigate the issue that gave rise to the termination and before terminating anyone;
• You give the employee a chance to narrate their side of the story within a reasonable time and accord them with the right to have support persons with them throughout the process and when you are investigating the matter before you;
• To allow a fair investigation, you provide the employee with paid leave (This may sound costly, but the result will generally be to your benefit in the long run); and
• You only terminate if the agreement allows you to do so, and ensure that you are correctly interpreting your termination clause.

What if you are unsure that termination is the right call or not?

The employer’s quagmire would be when the employer is unsure of dismissing an employee or not. Obviously, it is a natural expectation that as an employer you wish to save face with other employees, and accordingly do not want to take the wrong step. It is, therefore, always better to seek qualified employment law advice if you are unsure whether to fire or keep an employee.

Can you fire your employee when the relationship of trust and confidence is broken?

The answer may be drawn from a law maxim; “lex neminem cogit ad vana seu inutilia peragenda” which means; the law does not compel one to do useless things.

That is, if you and the employee cannot work side-by-side and you have valid reasons, providing such a term is stipulated in the employment agreement, you may terminate the employee. To do so, however, you need to ensure you have valid supporting documents as proof that the relationship of trust and confidence between you the employee, was broken such that the relationship was unsustainable. You also need to ensure that in a valid termination, all accrued entitlements are paid to the employee without delay or hindrance and that you document everything you do.

If you face the difficult task of firing your staff, for whatever reason, then speak to an experienced employment lawyer on 1800 217 217 today.

Article Source: employment law brisbane