Child Support Cover: The financial well-being of the children is always of the highest consideration when couples separate or divorce. If one parent has custody of the children, for the most part, that doesn’t mean the other parent is no longer obligated to offer financial assistance for the expenses of the children.
So what things does child support typically cover?
The general and the rather broad list includes:
Schooling
Medical costs
Food
Housing
Clothing
Extracurricular activities
Generally, child support is paid by the partner with more income, but less time with the children. The amount is typically negotiated depending on the state of the relationship after the breakdown of the marriage or de facto partnership.
To have an idea of how many children support you might likely be required to pay, you can visit the Child Support Agency (CSA) website and make use of their child support calculator, which takes into account the income and circumstances of both parents, as well as how many children under the age of 18 are involved. This is an estimation tool only.
It’s always the best course of action to be able to work out financial care for the children outside of a courtroom. While it’s not always possible, it is the most amicable.
Some parents may insist on child support amounts that are unfair or too high, desiring to use the money to pay for health insurance and private schooling. While health and schooling come under the broad categories of child support mentioned above, private school fees and premium health insurance policies are up for negotiation between both parents.
To effectively mediate the child support agency process so it’s fair for everybody, it’s best to collaborate with your legal representatives. You need to team up with a law firm that has experience and expertise in collaborative law and family law.
That team in Brisbane Aylward Game Solicitors. With specialist training in this field and many years of practical experience, we are the law firm you can count on for an expedient and fair resolution to your child support requirements.
This article aims to analyze the recent decision of the Federal Court of Australia in Musicki v Google LCC [2021] FCA 1393 in which the Court ordered that Google LCC give discovery to the Prospective Applicant of all documents that are or have been in the Google LLC’s possession. (defamatory)
Who is who?
According to the facts of the case, the Applicant (Dr. Korana Musicki) is a specialist vascular and endovascular surgeon with considerable international experience. Her referral basis in Australia is largely greater Melbourne and Victoria regions. She also treats patients from interstate and her market is Australia-wide. Further, the Applicant’s petition to Court deposes that an anonymous reviewer, described as “Dave Cross”, has posted a number of false and defamatory criticism of Dr. Musicki in Google Reviews. She contended in the Court document that David Cross was not a patient of hers. She complained in her Application that the name was a “made up pseudonym” and the person responsible had, “manipulated the Google platform to slander me”.
How the Court viewed the Applicant’s request
Her Honour Justice Mortimer said that “I am satisfied, on the evidence, that Dr. Musicki has demonstrated she may have a right to relief, by way of proceedings for defamation. Having read the Google review and considered the evidence on which the applicant relies, I am satisfied that threshold is met. There is ample evidence Dr Musicki has made reasonable enquiries to try to ascertain the identity of the prospective respondent, having ascertained she did not have a patient by that name. She has done all she could be expected to do, in relation to an international corporation such as Google. She has used channels Google has represented to their customers should be used”.
What Applicant asked Google LLC to do?
According to the originating application and Dr. Musicki’s evidence, she had asked Google to remove the post or identify the author of the post. She further submitted that the imputation of the review are that she intentionally overcharges and misleads clients. Dr. Musicki also responded to Google that, “If you stand by that this is a real account with a real review, then I would request for the email of Dave Cross. It, therefore, means he is a real person, and therefore a real patient. And it is my duty of care, as his real doctor, to follow him up. As I don’t have any record of him, I am unable to do this without the contact point which only you can provide”.
Was the Court satisfied by the Applicant’s evidence?
Justice Mortimer in wrapping up her judgment said that she is satisfied Google is likely to have the identification Dr. Musicki requires to commence proceedings, defamatory criticism, namely the description of the real identity of the reviewer, or has or is likely to have control of a document that would help her ascertain that description.
For advice or assistance with all civil litigations and the latest update contact the Civil Litigation Team at Aylward Game Solicitors today on 1800 217 217
This article aims to briefly discuss some of your consumer rights when purchasing a product from any retailer or wholesaler.
Why should I care to obtain a receipt for my purchase?
You always want to make sure that you obtain a receipt for your purchase. Think of a scenario where you purchase a product from a supermarket and as soon as you reach home you find that the product is faulty and that you need to replace it. Some retailers are relaxed when you wish to exchange the product in the prescribed return period if you paid using your credit card. But, the issue about the proof of purchase becomes bumpy when you paid cash to the retailer. You also need to obtain and keep your receipt in case you need to repair, replace or refund the product to the retailer or the wholesaler. It is always prudent to find out the repair, replacement, and refund policies for every item that you purchase whether using a credit card or cash.
My purchase was only $2, is the seller obliged to give me a receipt?
The short answer is yes. When you purchase any product valued over $75, the businesses must give you a receipt. Even if the value is less than $75, you can still ask for a receipt. If the receipt cannot be provided at the time of purchase and you asked for it regardless of the amount, the business has seven days from the purchase date to provide you with the proof of your purchase, being a receipt.
What a valid receipt should contain?
A valid receipt should display the business’ name or its ABN or ACN number, date of supply, and the name of the product plus its price. If the GST is applicable, the display must inform as how much you are paying for the GST in addition to the price of the item you purchase.
Do I need to ask what the price of the product is?
No, you shouldn’t have to. The law requires businesses to display the total price for each product displayed for sale. Either a tag is attached to the product you are looking to purchase, or the price must be visible on the item itself. Businesses usually label the products with their final price and that must include GST.
Disingenuous price offers
You need to be diligent about some offers that simply do not make any sense. For instance, it would be quite unusual that you to be told that a gold bracelet or necklace can have a 70% discount from its total price, as it was. The prices must also be genuine and match with what has been advertised or promoted in the advertisement you found them.
Can I ask the business for an itemized bill for the service they rendered to me?
Yes, you can. You have up to 30 days from the purchase date to request that the business provide you with an itemized statement. Such a statement, at minimum, should inform you of how the price was calculated and the list of materials used, and the amount charged for them, where applicable. The business must provide the itemized statement to you within seven days of the request.
I am tired of keeping hard copies of the receipts. Is there any alternative?
Yes, there is. If you so desire, you may download an application called the ACCC Shopper for smartphones and tablets from iTunes for Apple iOS users, and Google Play for Android users that, among other things, enables you to store digital copies of your receipts.
For advice or assistance with all consumer law matters, contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217
Did you know that one in five (5) Australian adults experience some form of mental illness every year? This serious illness has increased over the past 5 years, which now have seen around 45% of Australians aged between sixteen (16) and eight-five (85) experiencing a mental illness at some point in their life. As we all know, unfortunately, mental illness or any form of illness doesn’t just stop at home. You live majority of your life at work and thus wherever you go your illness may shadow.
As an employee, you may develop a mental illness prior to your employment or during your current employment and without a good support system and ongoing work strategies you may be in a worse off position. As an employee, you need to know your rights and privileges at a workplace if it is affecting your day-to-day life. You deserve a workplace that ensures a safe and healthy environment.
EMPLOYERS AND MANAGEMENT ROLES
All employers and management roles require appropriate steps to be taken to minimise and eliminate any form of illness whether that be mental or physical that is impacting an employee. Employers and management staff are obliged to create and identify possible work practices, actions or incident procedures which may eliminate mental illness of their employees.
There are many reasons why an employer should help improve and support an employee’s physical and mental concerns, namely; because a safe and healthy workplace is good for business, it improves productivity thus increasing revenue but most importantly it’s because it’s the LAW.
An employer has a number of legal obligations in relation to the management of mental illness in the workplace; ensuring that Occupational Health & Safety is met, avoiding discrimination within the workplace both with employer-employee relations as well as employee-employee relationships and ensuring privacy has been kept between the employer and employee.
MENTAL ILLNESS AT WORK
The employer must provide, ‘reasonable accommodation’ to assist an employee to properly perform their duties whether that employee is physically or mentally disabled. Unfortunately, for an employer, supporting and facilitating a mental illness is of greater difficulty to suppress and support than that of a physical injury/disability. For example, an employer can support one of their staff members by enabling wheelchair access and assessable workspaces for a person of physical illness however, supporting an employee with a mental illness comes with greater challenges.
The Courts have focused on what is ‘reasonable’. The Court will require employers to go to all lengths to enable employees with mental illness to keep working but on the other hand an employer mustn’t go to such accommodation that is too much of an offset for an employer’s revenue and expenses.
In the principal case of Ambulance Victoria v M, [2012] the Full Bench determined that an employer cannot dismiss an employee or not reinstate an employee due to a lack of confidence in the employee’s ability to sustain and maintain good employment with a mental illness. There must be a reasonable based judgment in coming to this decision, momentary figures for example.
This article briefly examines the circumstances wherein the conduct of a majority shareholder or a director of a company can be considered oppressive and when it may not. The list is not meant to be exhaustive as every case turns on its own facts.
Where is the starting point?
Section 232 of the Corporations Act 2011 (Cth) defines oppressive conduct as conduct that is contrary to the interests of the shareholders as a whole. This means that the conduct should be examined as a whole within the context of the full circumstances of the particular case.
Oppressive conduct in a nutshell
The list can be wide, however, for the purposes of this article, any conduct, specifically, by a majority shareholder or a director of a company that is tainted with unfairness, harsh, unjust or inequitable is said to be oppressive.
Can I bring an oppression action against a company in liquidation?
The short answer is no unless the liquidator consents or the shareholder is able to persuade a court that leave should be granted for this action to take place.
What is the test for a conduct to be found oppressive?
The High Court of Australia has settled the test in Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459. The Court in that case directed that the conduct in question should be examined as a whole, within the context of the full circumstances of the case as opposed to being viewed in isolation.
What are the examples of oppressive conduct?
Again, the list is not exhaustive, however, the following can be considered oppressive conduct:
Breach of fiduciary duties of directors;
Improper diversion of a business to another entity;
Appointment of an administrator against members when done for invalid or illegitimate purposes;
Excessive remuneration; and
Most importantly, denial of access to information when demanded by a shareholder of a company.
What may not amount to oppressive conduct?
Again, the list is not exhaustive, however, the following may not be considered oppressive conduct:
Conduct which constituted genuine attempt to save the company; and
When conduct undertaken or subject to complaint, has the consent of the applicant.
Take-home message
Bearing in mind the test set by the High Court, it is important that before forming any opinion on whether conduct is or is not oppressive, to seek our legal advice so as to minimise your risk and cost, where possible.
For advice or assistance with all business law matters contact the Business Law Team at Aylward Game Solicitors today at 1800 217 217
With Slater + Gordon announcing the closure of their Conveyancing Works division, it is timely that Aylward Game Solicitors have launched their partnership with Nectar mortgage brokers to offer high quality, full service residential conveyancing at a discounted rate.
Clients who arrange their finance for the purchase of a home through Nectar and engage Aylward Game Solicitors to undertake their conveyancing will benefit from a reduced cost of conveyancing.
As a result of the partnership between Nectar and Aylward Game Solicitors, Aylward Game will apply the commission received from Nectar to reduce their standard professional fees for arranging the conveyancing on a residential property purchase – reducing your cost without compromising quality.
Conveyancing in Queensland is complex and is affected by at least 20 different pieces of State and Federal legislation, contract conditions, extensive case law and practice guidelines. Many things in a conveyance may not go as expected.
Here at Aylward game, we do not seek to be the lowest cost provider of conveyancing.
We are highly experienced in all conveyancing matters and are able to guide our clients through any issues that arise, helping our clients to avoid costly liability and compensation issues and to reduce the stress that they face as they journey through this potentially complex legal process.
All conveyancing work is performed by experienced solicitors under the daily supervision of our principal, Mark Game, a solicitor with over 30 years experience in all aspects of the property, both residential and commercial.
“The initial joy of a low price or cheap conveyancing is soon lost by the stress caused by not having an experienced guide at your side during one of life’s major transactions”
Save Points On Your Interest Rates, And Cash On Your Conveyancing Fee”
Don’t just go to one bank… go to them all with Nectar on their portal here.
Buying An Existing Property Or vacant land
Experience matters when progressing through the conveyancing process. We can guide you through the pitfalls with your simple and complex commercial and residential property conveyancing matters. We take the guesswork away by reviewing your contract to identify issues and key dates for example your cooling off period, building & pest inspections, finance, and hidden clauses. We can recommend and undertake advanced searches. Finally, we prepare you for settlement, including paying stamp duty, calculating settlement adjustments for rates and water rates, or body corporate fees.
Selling An Existing Property Or Vacant Land
Selling your property is stressful enough. Let us ease your burden by keeping you aware of the important responsibilities you have as a property seller. We will guide you through the sale process ensuring that you meet all statutory requirements and responding to queries from the buyer’s solicitor to generally make the process as smooth as possible. We prepare you for settlement, including calculating settlement adjustments for rates and water rates and, where applicable, body corporate fees and liaising with your real estate agent and the buyer’s solicitor to ensure a smooth settlement with funds banked to your account quickly following settlement.
Off The Plan Purchases
Buying “off the plan” has become increasingly popular but there are a number of factors additional to those in a standard purchase, particularly because the asset you are buying is not built yet! We will perform a review of the contract and disclosure documents to advise you on how to best protect yourself against the additional risks. We will work with you throughout the full buying process, performing initial searches, and further searches once your plan has registered. Finally, we work with you in the period from plan registration to settlement.
Non-Standard Conveyancing Contracts
Our conveyancing solicitors are highly experienced in advising you on these types of property and conveyancing contract matters. Whilst contacting us early is important for all such transactions it is paramount for these contracts. We have assisted thousands of clients on commercial contracts (involving Land and Sale of Business transactions), Vendor Finance/Instalment Contracts, Leases, and many more Queensland property transactions. We can also advise you on caveats, easements, and other encumbrances on a lot and the most effective means of dealing with these matters.
We have introduced this in the hopes of saving our clients money on their conveyancing without reducing the high standard of work we perform. This is full-service conveyancing with fees subsidised by the finance broker Nectar.
Mark Game, the partner responsible for property transactions at Aylward Game solicitors welcomed the new arrangement “It is vital to ensure that you appoint an experienced solicitor to look after your property purchase, and ensure that you avoid the many pitfalls that can trap the unwary or unprepared. We are delighted to be able to offer our quality conveyancing service in association with Nectar”.
This will help our clients to save some money without compromising on the quality of service.
