Thursday, 21 April 2022

LEGAL COMPLEXITIES FOR EMPLOYMENT

Employment Law

The field of Employment Law presents many challenges for employees and employers alike.

Our partners Ian Field and Mark Game can take care of those employment law issues for you, including contract and policy preparation and review, restraint of trade issues, confidentiality, redundancy/dismissal, and general employment law issues and disputes.

Employment Law presents many challenges for employees and employers alike
In the event of a dispute, if it’s not possible to negotiate an outcome, we can arrange representation for you in the appropriate court or tribunal, with the benefit of our Special Counsel, Guy Sara.

LEGAL COMPLEXITIES FOR EMPLOYMENT

Employment law is massively complex, and this applies to both the employer and the employees. For the employer, there is a need to know the rules governing the hiring, remuneration, and dismissal of employees.

This knowledge is important as it helps a company protect itself in the face of the law whenever something out of the ordinary happens.

For example, as an employer, you might find yourself facing controversy over the conduct of your business towards an employee.

While at times mistakes happen due to ignorance and naivety, the law sees you as the person tasked with safeguarding the rights of those under you. As such, an employer will always have an obligation towards the employees.

At times, it is important to understand the legal ramifications that govern every single act by a company or an employee. While the employer is always the boss, there is a need to draw a line between what is acceptable behavior and what is not.

Employment law also exists to serve the employer from the employees. For example, as an employer, you may be challenged on the following: How are you protected from a member of staff who chooses to use company resources or information in a malicious nature? Are they immune from the law? What does employment law say about someone who fails to come to work for days on end without a leave of absence? As the employer, do you have the mandate to discipline that person?

The Importance Of Understanding Agreements for employment law

Laws governing the drafting, implementation, and cancellation of contracts have always been weighty. The average Joe does not understand the lingo that governs employment contracts. If you are an employee, you need to clearly understand the terms laid out in the agreement between you and your employer.

The employer also needs to understand the strict conditions of a contract in order to avoid violations and charges. Generally, there is a lot of ground involved when covering employment law, which raises the need for an expert on legal matters every time an issue comes up.

In the firm, we are fortunate to be able to rely on the experience and intellect of our two partners, Mark Game and Ian Field, when it comes to resolving issues relating to employment law.

Article Source: Employment Law 

Wednesday, 20 April 2022

Sunshine Coast Lawyers – Aylward Game Solicitors Brisbane

WELCOME TO AYLWARD GAME SOLICITORS SUNSHINE COAST

Aylward Game Solicitors Sunshine Coast are a modern and dynamic firm of Sunshine Coast Solicitors and Sunshine Coast Family Lawyers who are strongly committed to traditional professional values of the legal practice in Sunshine Coast.

The legal force Aylward Game Solicitors Sunshine Coast, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business lawSunshine Coast family lawWills & Estate Planning lawComplex contractCommercial LitigationEmployment law and Property law & Conveyancing; with particularly strong expertise in children’s mattersde factodivorcemediation and dispute resolution as well as vendor finance and a wide suite of businessbanking and finance law services.

SUNSHINE COAST LAWYERS

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensibly,
Practical, Real-world Legal Advice in Sunshine Coast– 
Keeping you on the Game.

Aylward Game Solicitors is pleased to be able to provide legal services to the ‘lower Sunshine Coast’.

As with our professionals based at our other offices, you will find that our solicitors and conveyancers in the Birtinya area provide unmatched experience in order to deliver an ethical, professional service for an affordable price, right when you need it, including on weekends and after-hours.

We are also happy to offer home and hospital visits if required.

SUNSHINE COAST LAW SERVICES

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible,
Practical, Real-world Legal Advice – Keeping You on the Game.

AYLWARD GAME SOLICITORS SOLVES PROBLEMS FOR A VAST RANGE OF CLIENTS IN MANY AREAS OF THE LAW

When two people separate (after a very long relationship), financial issues can become problematic because there is stress involved with the separation itself and you have to start thinking about how to split these assets up & how to finalise things…

This can often become a complicated process, especially if there are a lot of assets or children involved.
The most important thing after a separation has taken place is to seek legal advice as early in the process as possible because the sooner you’re aware of your rights and obligations, the sooner you’re going to be able to take steps to formalise matters between you and your former partner.

AYLWARD GAME SOLICITORS, SUNSHINE COAST LAWYERS, KEEPING YOU AHEAD OF THE GAME.

Article Source: Sunshine Coast Lawyers

Tuesday, 19 April 2022

Conveyancer Near me | Conveyancing Lawyers Brisbane

COMMERCIAL CONVEYANCING

Buying and Selling Commercial Real Estate

This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. You need to find a legally qualified person to handle the conveyancing for your sale or purchase, however should you search for a property conveyancer near me or property solicitors near me or some other term? Conveyancer near me is very often the first thing you search for online when you’ve either had an offer accepted and/or you accepted an offer regarding selling a property.

Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

  1. Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
  2. Special purpose property contracts.
  3. Development contracts for proposed acquisition of properties for either development or subdivision.
  4. Off-the-plan contracts for the sale of your future property
  5. Put & Call Options and Master Put & Call Options
  6. Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
  7. Commercial leases that include Retail Shop leases
SAVE ON PROPERTY CONVEYANCING BRISBANE

Commercial leases (for landlords and tenants) including Retail Shop leases

We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant or assignee as well as on your commercial, industrial and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise

We, at Aylward Game Solicitors, will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.

Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously.

This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

conveyancer near me

LEGAL EXPERTS IN BRISBANE CONVEYANCING

Founder Mark GameConveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units, and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.

They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.

Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund

There is a marked increase in the number of investment properties being purchased within a Self Managed Superannuation Fund, and there can be many advantages to utilising this structure.

However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.

Looking to Find A Conveyancer in Brisbane?

We have experience in all areas of Property-Law in Brisbane including property contract termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.

A good place to begin is by asking for recommendations from friends and family, as well as your real estate agent, accountant or lawyer. You can look for local services, search “conveyancer near me” or “cheap conveyancing”.

To discuss your matter, please contact us at your earliest convenience for a Free Case Review.

Looking to save money and get cheap conveyancing Brisbane?

Article Source: Conveyance Lawyer 

Friday, 15 April 2022

Understanding Queensland’s First Home Owners’ Grant in 2017/18

first home owners grant qld


Are you dreaming of your first home? With the Queensland Government’s increased First Home Owners’ Grant, your dream could soon become your reality. The First Home Owner’s Grant, an initiative from the Queensland Government, could help you to buy your first home sooner. Depending on the contract date, you may be eligible to receive $15,000 to $20,000 towards buying or building your first home.

The First Home Owner’s Grant is available for eligible transactions dated on or after 1 July 2016, but is only on offer until 30 June 2018. If you are thinking of buying or building a new home, this one-off payment of $20,000 will help you get started. You can even buy off the plan, or choose to build yourself.

However, the First Home Owners’ Grant is not available to everyone and certain criteria must be met in order to benefit from this initiative.

Am I eligible?

To be eligible to receive the First Home Owners’ Grant:

  • You, or the person you are applying with, must be an Australian citizen or permanent resident
  • You, or your spouse must not have previously owned property in Australia
  • You must be at least 18 years of age
  • You must be buying or building a brand-new home which is valued under $750,000

Firstly, let’s look at the types of dwellings that would be classed as a new home.


A dwelling can include houses, units, duplexes, townhouses and granny flats built on a relative’s land.

A ‘brand-new’ home is a dwelling that has not previously been occupied as a place of residence or sold as a place of residence. A brand-new home can include substantially renovated homes, in certain limited circumstances, and homes that have been moved from one site and fixed as a home to a different site. The exception of this is relocated homes that have been occupied or sold as a place of residence since being fixed to the new site.

A ‘substantially renovated’ home is a home where all, or most of the structural and/or non-structural components of a building are removed or replaced. The renovations must have affected the building as a whole for it to be considered a substantial renovation.

Factors affecting eligibility

You would not be eligible for the First Home Owners’ Grant if:

You have purchased an established home.

Although you would not be eligible for the $20,000 grant if a contract replaces another contract that was made prior to 1 July 2016, you may still be eligible for the $15,000 grant.

However, there may still be options…

If you have held or currently hold an interest in residential property since 1 July 2000, and the property was or is solely used for investment purposes, you may be eligible for the grant on a subsequent property.


You would need to give evidence showing you have not lived in the investment property. Such information would be:

  • Tenancy / lease agreements
  • Current electricity / phone accounts
  • Tax return details

Once you have submitted your application and supporting documents, your application will be reviewed and a decision will be made on your eligibility.

However, if you held an interest in the residential property before 1 July 2000, regardless of how the property was used, you will not be eligible for the grant.

Other conditions which apply…

Ok, so you have ticked all the boxes, you are eligible, what happens next?

You must move in within 1 year of the completed eligible transaction and you must live there for 6 months continuously in order to keep the grant. If you do not adhere to these conditions you may have to pay back the grant as you would no longer be eligible.

Eligible transactions…

An eligible transaction, for the $20,000 grant is one of the following:

  • A contract made on or after 1 July 2016 for the purchase of a new home in Queensland
  • A building contract made on or after 1 July 2016 by the owner of the land in Queensland or a person who will, on completion of the contract, be the owner of land in Queensland on which the new home is being built
  • The building of a new home in Queensland by the owner-builder where the foundations are laid on or after 1 July 2016

If you are applying for the First Home Owners’ Grant with a spouse, they must be included on the application either as an applicant or non-applicant spouse. With joint applications, all applicants must live in the house. If your spouse or joint applicant has previously owned a home they have lived in, you will not be eligible for the grant.


As mentioned above, the grant is dependent on the contract date.

Payment timeframes for the grant are different depending on the type of transaction. Types of transactions are:

  •  Off the plan
  • Installment purchase contracts
  • Vendor finance contracts
  • Building contract
  • Owner-builder
  • Other types of transactions
    For more information on types of transactions and payment timeframes, see the Queensland Government website www.firsthomeowners.initiatives.qld.gov.au
    If you are eligible for the grant, you may also be eligible for the first home buyer’s concession on the transfer duty (formerly called Stamp Duty).

How can we help you?

Determining your eligibility for the grant can be confusing and complex if you don’t have the correct information and knowledge at hand. Errors made in determining your eligibility can mean you will not only have to pay back the grant in full, but you may also be liable to pay penalties as well.


Engaging a solicitor to assist is the best option. For more information on the First Home Owners’ Grant or to seek legal advice on purchasing your first home, please contact us.

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

Email: mail@aylwardgame.com.au 

Article Source: first home owners grant qld

Thursday, 14 April 2022

Spousal Maintenance | Spousal Maintenance qld


Aylward Game Solicitors Family Law are Australian Family Lawyers located in Brisbane.

Spousal maintenance is a responsibility you or your ex-partner might have to financially support the other person after separation or divorce. In Queensland, de facto partners may have no right to maintenance if they separated before March 1, 2009. This is not the case if you separated after this date. Your future needs can be considered when the property is divided. In most cases, the courts require that you endeavor to resolve disputes outside of court. We can assist with dispute resolution services. If you cannot agree, you can apply to the court for a financial order.

Protect your immediate financial needs and your financial future

Under the Family Law Act in Australia, both spouses have a duty to support and maintain each other, even after you have separated or divorced. Essentially, the laws are written such that the extent of the support depends on the following:

One spouse (the applicant) is unable to adequately meet his or her own reasonable needs; and
The other spouse (the respondent) has the capacity to pay.
When deciding any financial disputes after a divorce proceeding, the Court bases its decisions on the general principles set out in Sections 79(4) and 75(2) of the Family Law Act 1975. In summary, the judicial officer hearing the matter will try to decide on what is most fair and equitable, based on the following information (for both spouses):

Your property, financial resources, income and debts
Whether the children live with you or your former spouse
Your age and health (which determines future requirements)
Your ability to earn, and whether this has been affected by the marriage
What is considered to be a suitable standard of living?
It is necessary that both parties attempt to reach an agreement outside of court, before filing an application for spousal maintenance orders.

When spousal maintenance applications are filed with either the Family Court or the Federal Circuit Court (Federal Magistrates Court), both parties are ordered to undergo “pre-action procedures” including participation in a dispute resolution.

Family Law are Australian Family Lawyers located in Brisbane, specialising in many area of Family Law, including Spousal Maintenance.

Spousal maintenance is not automatically granted, and often is considered as part of an overall settlement of financial matters.

In rare cases, such as situations involving child abuse, urgency, family violence or fraud, the Court may accept that it is not possible or appropriate for the pre-action procedures to be carried out.

Applications for spousal maintenance must be lodged within 12 months of a divorce becoming final. Later applications require special permission from the court, but this is not always granted. Always seek advice to know your legal options.

People who found this page also searched for

  • Spousal Maintenance Lawyer
  • Pre Action Procedures
  • Dispute Resolution Services

Article Source: Spousal Maintenance  

Wednesday, 13 April 2022

Property law| Property lawyers Brisbane


PROPERTY LAW


Property Law Transactions and Conveyancing Matters

We, at Aylward Game Solicitors, are ideal for you whenever you are seeking general or specific property law or you would like to engage in a certain property law transaction. Founder Mark Game who is extensively experienced in broad ranges of property law and conveyancing matters will advise you on the following issues.

  • Interpretation and effects of the whole or a part of the contract, the enforceability of the contract, ability to terminate a contract, and the party rights and obligations as stated in the contract.
  • Actions you can take to protect your legal or property rights in family law such as preparation and registration of caveats, and recovering your property from ownership of another party due to termination of their rights. He will also help you in maximizing your compensation when your property is resumed by the governmental authority.
  • Interpretation, preparation, and effects of easements and covenants affecting your property.
  • Ways to conduct due diligence and inquiries and provide reports that will guide you as you progress to making a contract.

Property Lawyers Brisbane

As its name refers, the property lawyer is an expert in property laws. This lawyer must have excellent proficiency in the Construction and Housing Code. It is possible to find this lawyer Aylward Game Solicitors. Like lawyers in foreigners’ law, lawyers in family law, or lawyers in labor law, this professional is established in different Brisbane areas at Aylward Game Solicitors. The lawyer working in the property must master the aspects of private, public property laws and property law act, and the Town Planning Code. Also, property laws are a branch of law that contracts with the sector relating to the property. The property lawyer is a skilled lawyer who resolves cases related to property. His intervention is crucial when his client’s liberties are threatened or faced with a complicated situation. A property lawyer is frequently utilised in the event of a property dispute, particularly in the division of an inheritance. The field of intervention of this lawyer is not limited to conflict determination but can extend to several areas associated with property laws. The best property lawyer Brisbane and Gold Coast can, in some examples, play the part of the mediator so that the parties in conflict settle the case amicably and prevent legal opportunity. Continue to more detailed information on Conveyancing and other Property Transaction Processes including Buying Property within a Self-Managed Superannuation Fund.

Article Source: Best Property Lawyers Brisbane