Latest publications
What happens regarding child visitation rights when blended families divorce?
The blended family (step-family) In a blended family, commonly known as a step-family, one or both partners have children from previous relationships. So what happens if the blended family then breaks down? Does the stepparent have visitation rights with their stepchild? Step-parents have rights Under the Family Law Act (Cth), children have a right to…
Relationship breakdown checklist — what should you do if you separate?
Financial steps to consider Check all joint accounts and home loan redraws. Change PINs and passwords. Withdraw surplus funds or restrict access. Speak to your bank. Check all joint credit accounts, including credit cards, store cards and overdrafts. Restrict access or cancel cards and get new ones. If you do not have a bank…
Quick tip for protecting your brand — domain names
With consumers relying more and more on the ability to research and buy products and services online, retailers are under considerable pressure to reconfigure their business plans in response. Online shopping is now mainstream and businesses must maximise their online presence in order to compete effectively. Domain names are a critical part…
The three most important things you should do when first separating
In brief — What to do when you’ve just separated The three most important things to do are see a family lawyer, look after yourself and keep communication with your spouse friendly. See a lawyer Make an appointment to see a family lawyer. The best way to get the answers that you need is to…
Google’s new AdWords policy means trade mark owners must be more proactive
In brief From 23 April 2013, Google will no longer prevent users of its AdWords programme from using another party’s registered trade marks as keywords in China, Hong Kong, Macau, Taiwan, Australia, New Zealand, South Korea, and Brazil. Whilst this brings Google’s AdWords policy into line with other jurisdictions worldwide…
Sexual Harassment case results in $100,000 awarded in damages
In brief — GLS v PLP (Human Rights) [2013] VCAT 221 A recent matter before the Victorian Civil and Administrative Tribunal (VCAT) has resulted in a large award of damages to a female graduate lawyer who was sexually harassed during her practical legal training placement. Background VCAT suppressed the identities of the parties, referring to the…
Employees having Children
In Brief When employees have children (either via them or a partner giving birth or through adoption) there are a number of consequences for the employment space. Under the Fair Work Act 2009 (Cth) employees can access unpaid parental leave and a number of other entitlements. There are also certain obligations for employers. Unpaid Parental…
Relationships Register in New South Wales — What you need to know
In Brief From 1 July 2010, couples in New South Wales are able to register their relationship with NSW Registry of Births, Deaths & Marriages. Who can register their relationship? All couples in a committed exclusive relationship can register, regardless of their gender. Neither party can be married or be in another relationship that is…
Family trusts after Bamford
On 30 March this year, the High Court dismissed the appeal by the Commissioner of Taxation against the decision of the Full Federal Court in the Bamford case. This is a landmark decision for trust law in Australia. This was the first time that the High Court had been approached to consider…
Guardianship Tribunal Applications — What you need to know
The Tribunal Pursuant to the Guardianship Act NSW 1987, the Guardianship Tribunal has the authority to appoint both Financial Managers and Guardians for people with decision-making disabilities. Prior to making any order in relation to Financial Management or Guardianship, the Tribunal will conduct a hearing. The hearing is an opportunity for the…