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January 30, 2020
GENERAL When a dispute arises, it is important to understand that litigation is not the only option for solving a conflict. Negotiation, settlement and mediation are some alternatives to litigation which the client should be made aware of. It is up to the clients to decide which means they would like to use in order...
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MISCONDUCT An employer is entitled to dismiss an employee if the employer gives the employee a certain amount of notice. You must not terminate a full-time employment unless you have given written notice of your dismissal. An exception to this rule is if there is a case of serious misconduct. Employees can be dismissed as...
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OVERVIEW Since November 2016, a new law protects small businesses from unfair terms in standard form contracts. The Treasury Legislation Amendment Act 2015, applies to a standard form contract entered into or renewed on or after 12 November 2016, where: It is the supply of goods or services or the sale or grant of an...
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WHAT IS SELF-DEFENCE? Section 418 of the Crimes Act (1900) lays out what kind of acts constitute self-defence, and is therefore not punishable by law. An act of injuring or killing a person can be defended by a claim of self-defence. Acts that may be viewed as self-defence are: Defending oneself or another person against...
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SEARCH The New South Wales police have statutory powers relating to the questioning, arrest and search of persons suspected of having committed a criminal offence. Three are also laws in places that protect the individual’s rights by providing safeguards that police must follow when exercising such powers. Before or as soon as reasonably possible after...
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THE PROCESS OF RECOVERING OUTSTANDING DEBT The process of recovering outstanding debt in NSW is composed of multiple stages. After a certain period of time passes with no/insufficient payments being made towards the debt owed, you can commence a court action by lodging an Ordinary Statement of Claim or a Statement of Liquidated Claim in...
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The majority of people using the internet doesn’t seem to care about the random use of their personal data. But Privacy Law gets a new assignment because of the nearly infinite possibilities to collect and link data on the internet. That implies the necessity of limitation and law regarding the security of online data. Personal...
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GENERAL FORMATION OF CONTRACT There are 5 elements that need to be present for a contract to take form between parties: Offer;Acceptance;Consideration;Contractual intention; andLegal capacity. There are no requirements as to the form of the contract for it to be binding. A contract is valid and enforceable no matter if it is in writing or...
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DEFINITION: Mediation is a process where a neutral and independent person (a mediator) helps the parties in a dispute reach an agreement. The mediator may be appointed by a court or privately. Mediation is an alternative to the adversarial judicial system of dispute resolution. If an agreement is reached at mediation, this may be written...
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DEFINITION Liquidation, or “winding up”, has to do with solvency and insolvency. A company is solvent if it can pay its debts, and insolvent if they cannot. When insolvent and unable to pay its obligation, a company’s assets are liquidated, meaning they are divided among shareholders and creditors. When this occurs, a liquidation officer is...
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