This case demonstrates how the Court deals with two construction contracts and decides which one binds the parties.
Australia: You say tomato, I say tomahto: The battle of building contracts and forms - Swaab
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Australia: But what does it mean? Interpreting binding financial agreements for matrimonial property - Swaab
The case highlights the need to be precise in drafting these agreements, particularly in respect to division of property.
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Australia: The role of expert evidence in family law - Swaab
Expert evidence can be critical in navigating a family law matter to obtain a favourable property settlement.
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Australia: Modern Award changes 2018 / 2019 - Implications for employers - Swaab
Employers face the constant challenge of trying to keep up with changes to the industrial relations landscape.
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Australia: Informal property settlements: When will the Court decline to make property settlement orders? - Swaab
This case highlights a court's willingness not to make property settlement orders where it is not just and equitable.
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Australia: Tis the season: a word about gifts in your family law property settlement - Swaab
The article looks at how different kinds of gifts have been treated by the courts in family law property settlements.
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Australia: A real deal: An unfair dismissal settlement goes wrong - Swaab
If an informal agreement has been reached, it is prudent to record the terms to avoid any confusion and uncertainty.
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Australia: A review of women at work in 2018 - Swaab
Women at work will clearly remain at the centre of continued public discourse as well as public policy and legal reform.
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Australia: Until debt do us part: The effective use and pitfalls of statutory demands - Swaab
Where a genuine dispute exists, creditors should commence court proceedings rather than issuing a statutory demand.
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Australia: We cannot agree about the religion for our child. What will the Court do? - Swaab
The Court needs to balance between welfare of the child and neutrality as to different religious views and practices.
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Australia: An employee commute thwarts an employer commuting redundancy pay - Swaab
The employer applied to the FWC to vary the amount payable to an employee, terminated on the basis of redundancy, to nil.
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Australia: Commissioner of Taxation v Tomaras: High Court rules that tax debts can be transferred between spouse parties - Swaab
Article discusses recent case where the rarely used section 90AE Family Law Act was applied.
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Australia: Using the anti-bullying jurisdiction of the Fair Work Commission for sexual harassment matters - Swaab
Article discusses the possibility of using the anti-bullying jurisdiction for sexual harassment matters.
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Australia: Developing a shared understanding of sexual harassment - Swaab
Article defines sexual harassment and sexually harassing behaviours and looks at prevention and resolution of complaints.
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Australia: Valentines Day in the workplace - sexual harassment? - Swaab
Unwelcome conduct with a sexual element (as many Valentine's Day cards and gifts do) could constitute sexual harassment.
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Australia: An employment and family law guide to family and domestic violence in the workplace - Swaab
This article gives employers a practical guide to understanding family and domestic violence issues in the workplace.
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Australia: Murder and inheritance - the $40 bottle of wine story - Swaab
This article examines the forfeiture rule (no benefits from murder), as applied to inheritance from a deceased estate.
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Australia: Home owners: what to do about defects - Swaab
Owners must be familiar with their rights, and be prepared to pursue claims for rectification of defects or compensation.
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Australia: Gender, pay and job insecurity - Swaab
Until women are able to maintain both home and work responsibilities, the gender pay gap will continue to be significant.
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Australia: The feminisation of poverty - Swaab
Women are overrepresented amongst those living in poverty, as they are often unable to participate equally in society.
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