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.
Divorce causes a marriage to end legally. This is a bitter experience in anyone’s life. But before unraveling the facts of divorce let’s get to know about marriage first. Marriage is the union of two people by which they recognise their life together and have a happy sexual life.
But in legal terms, marriage is a contract between two people enforced by law. It is a social event that forms a family but there are legal consequences too. Starting from raising the children to protecting the family residence, inheriting from the other partner can be the legal consequences.
What is a divorce legally?
When one of the partners decides not to live together anymore feeling uncomfortable with the marriage, he or she can demand a divorce. But divorce is a legal term too. Divorce entails canceling all the legal responsibilities, hence dissolving the contract between a couple.
No-fault divorce;1975
The divorce rate was very high in Australia before 1975. According to the Australian Institute of Family Studies, The rate reached its peak in the 1970s at 4.6 per 1,000 residents. This rate was very alarming and had to be reduced. That’s why the Government of Australia, established new law in 1975. The Family Law Act 1975 established the principle of no-fault divorce. It also established a federal court to deal with family law issues. The Family Court of Australia quotes,” No-fault divorce means that a court does not consider which partner was at fault in the marriage breakdown. The only ground for divorce is the irretrievable breakdown of the relationship, demonstrated by 12 months of separation.” This means the couple has to be separated for at least 12 months before applying for a divorce.
How to prove separation if the couple lives together?
The couple needs to stay separate for at least 12 months before filing for divorce. But they can still live under the same roof. For that, they have to break the marital relationship completely which may include:
no sexual activity
living in different rooms
not having meals together
having separate bank accounts
not sharing household services
not representing themselves as married to acquaintances
Now let’s discuss the details of the divorce rate in Australia.
What is the divorce rate in Australia?
In the 1960s and the 1970s, the divorce rate was very high. It was about 4.6 persons per 1000 residents. But it declined when the Family Law Act 1975 was passed. This law supported no-fault divorce. And reduced to just 1.9 till 2016. But it raised again in 2017 up to 2.0. Hence the divorce percentage in Australia has reduced.
Another reason for the decline of the divorce rate in Australia is late marriage or marriage between same-sex.Same-sex marriage is now legal in Australia. In the first 6 months of 2018, 99 percent of marriages were between same-sex.
The divorce rate was 40% which has been constant for many years. But due to the corona pandemic, it has been a rush to the courts since this summer. But new statistics show, in 2019 the divorce rate has been highly increasing and reached around 47%. And Brisbane has registered 30% more divorces already by the summer of 2020.
From these studies, it is clear that a pandemic affects marriages severely.
Duration of marriage:
The largest proportion of couples separating and then divorcing are those who have been married 9 years or less, which is about 43%.
The couples who had been married for 20 years or more are highly encouraged in separation. In 1990 it was 20% and by 2010 it increased to 28%.
At what age couples are divorcing?
In 2016, the divorce rate was highest during the age 25-29 for both men and women. The couples have a steady relationship in their 40s.After 55, the couples become less likely to divorce.
Divorces involving children:
The amount of divorces involving children under 18 years has been decreasing. In 1975, the proportion of divorces involving children under 18 years was 67.6%. It decreased over time and became 47.1% in 2017. The reason behind this is the rise of divorces in short-term marriages.
Have same-sex marriages affected the divorce rate in Australia?
After the changes in Marriage Act 1961 same-sex marriage is now legal. There were 3,149 same-sex weddings were registered in Australia till 30th June 2018. And they can also get divorced but not many divorces are reported from these couples.
What are the reasons behind divorces?
People go into a marriage with so much hope. They decide to get married when they discover themselves in a comfortable relationship. It indicates the perfect bond between two persons. So, what causes that perfect bond to break apart? Why do they go for a divorce?
The Australian Divorce Transition Project categorised the reasons behind divorce into 3 dimensions. They are ‘affective issues’, ‘abusive reasons’ and ‘external pressures’.
An Australian study reported percent of divorces to blame “affective issues”. These affective issues are:
Problems of communication 27%
Lost connection 21%
Trust issues 20%
The other causes of divorce in Australia can be:
Abuse either physically or emotionally 7.4%
Abuse via drugs or alcohol 7.4%
Financial issues 4.7%
Work pressure 2.7%
Interference of family 0.6%
Health issues 4.7%
Tips for a long term marriage
Treat marriage as a long-term commitment
Prioritize your partner’s need
Respect your partner
There should be no trust issues
Maintain a happy sexual relationship
Cooperate with your partner
Be willing to change
Maintain equity
Manage time for each other
Support the decision made by your spouse
Avoid fighting unnecessarily
How long will it take to finalise the divorce?
Normally it takes 4 months to procure a Divorce Certificate or court order. It may take longer if there are other difficulties. Remarriage should not be planned before the divorce is finalised.
Grounds to file for a divorce:
prove that the couple has been separated for no less than 12 months of period.
the couple has been married for more than 2 years.
attended the required counselling with the family court if married for less than 2 years.
no fault of any of the spouses is needed.
at least one spouse must be an Australian citizen, domiciled, or resident in Australia for 12 months.
What is the procedure to get a divorce?
Getting a divorce is not the same anymore. That is the reason that the divorce rates in Australia have reduced. If you are thinking to get a divorce in Brisbane then Aylward Game can help you easily. Read the points below to get an idea about getting a divorce.
Live separate lives: Before applying for a job you must separate for at least 12 months. You can get back in touch without re-starting the 12 months for about 3 months. For instance, if you have lived separated for 4 months and again got together for 3 months you will only have to live 8 months separately to complete the 12 months.
You can live separately under one roof: You can share the same roof even when you are separated. The court will check if you are having sex, sharing meals, or sharing bank accounts. Your relatives should believe that you are separated.
Remarrying: Don’t think to remarry until the divorce is finalized. Don’t make quick plans. You can get married once the divorce is granted.
Property and children’s arrangement: The divorce will not resolve the property or children’s issue. You will have to file a separate case for this issue.
Married for less time: If you are married for a small time and still demanding a divorce. Then you should visit the family counselling. Get a certificate from them and submit it to the court.
When applied for the divorce, do I have to attend the court hearing?
It depends on some conditions. You may or may not have to attend the court hearing. Let’s have a look at them:
If you don’t have any children under 18 years. Then you will not have to attend the court hearing; it applies on both sides.
If a joint application is applied then you will not have to attend the court hearing, even if you have children under 18 years.
If a sole application is applied then you may have to attend the court hearing on having a child under 18 years.
How much will a divorce cost in Brisbane?
The typical cost of a divorce consists of legal costs and court fees. The amount of both fees is based on the procedural value, which depends on the income and assets of the spouses. A general figure is therefore not possible.
However, it costs $890 for every hearing. Usually, each spouse pays their own lawyer’s costs plus half the court fees. In this case, the 50% sharing of the legal fees should be contractually agreed in advance utilising a cost-sharing agreement between the spouses.
If this is the case, each spouse only pays half of the costs otherwise incurred. If you want to get a divorce from Brisbane, you shouldn’t be afraid of the divorce costs. If the financial means are not sufficient for a divorce Qld, the court and legal expenses will be covered by the state – and the chances of this are good.
How can Aylward Game help?
Though Australia’s divorce rate has declined some issues can demand a divorce. We can help you in many ways to solve the issue. For more information on your specific matter, please don’t hesitate to contact one of our experienced Brisbane, Gold Coast, and Sunshine Coast Family lawyers at Aylward Game Solicitors.
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, 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.
Are you considering investing your money in an investment property and becoming a property investor?
If yes, you need to know what costs are involved and how to establish the best ownership structure for your asset. As many newcomers find out – it is not always a simple process to make an investment, especially in property, and it can be even more challenging to find the best ownership structure that fits your needs and requirements whilst minimizing your long-term costs.
To avoid any unpleasant surprises, it is advisable to do some research first and become well aware of the hidden costs that nobody talks about:
If you have never invested in any kind of real property before, it may come as a surprise that you will need to have financial means to cover more than just the price of the property.
There are certain costs that must be managed by you, as the investor, so you need to be prepared. The lender’s mortgage insurance is one possible cost if you are intending to obtain a loan to cover a high percentage of the property’s price.
There is also the loan application fee, which may be a few hundred dollars, and the stamp duty and registration fees, which is probably one of the largest fees you will need to pay and will possibly amount to thousands of dollars.
Other costs may include building inspections, pool inspections, pest inspections, accountancy fees, a property manager, maintenance and insurance, and hiring a trustworthy and experienced solicitor to help you with the legal part of the purchasing process.
Considerate planning.
There are some items in the checklist which need your careful consideration when you are planning to invest in property and work out affordability.
When deciding to proceed with investment in property, you should also think about the structure of the ownership. Again, the choice depends very much on your set goals, ability to take risks, financial strength, and other aspects. So, you need to put in balance several options and see which one suits you.
Get advice and guidance.
Matters such as your ownership structure offer quite a few options to consider. Individual or joint ownership, ownership through a company, partnership, or trust, or ownership via your Self-Managed Superannuation Fund each carry associated risk and reward profiles.
Each structure has pros and cons for your unique scenario, so you will need to look at each option and make the correct choice for you. Doing this in the correct manner right from the start will help you manage your risks and will get you closer to the investment goals you want to reach. Since investing in property involves a considerable amount of money, you are well-advised to do things the right way from the start.
In all this process, there is one part that is often very challenging for most investors. Even if you are an excellent business person and have great management skills, the legal chapter may be hard to tackle. That’s why you need an experienced property lawyer you can trust.
Aylward Game is a Brisbane, Gold Coast, and Sunshine Coast legal practice with a great reputation and key knowledge in the property law area. Our professional staff is experienced in all aspects of buying and selling a property, both commercial and residential.
