Who Is Covered By Australian Unfair Dismissal Laws?

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unfair-dismissal

Australia’s unfair dismissal laws are quite tough, and they provide a high level of protection for employees. In short, you can’t be fired or otherwise removed from employment without good reason or without your employer following the correct process as outlined in your contract.

However, these laws don’t apply to everybody. You will only be able to make an unfair dismissal claim if you meet certain criteria, which we’ve outlined in the rest of this article. But before we look at these, let’s define exactly what unfair dismissal is.

What Is Unfair Dismissal?

In short, unfair dismissal refers to any termination of employment that’s unreasonably harsh, unjust, or without a valid reason. A few examples of unfair dismissal include:

  • Losing your job because of something unrelated to your work or workplace.
  • Being fired for no apparent reason and without sufficient warning.
  • Having your contract terminated due to performance or other issues without being given a chance to address these issues.

There’s no one definition of what constitutes unfair dismissal, and every case is treated on an individual basis.

When Can I Make an Unfair Dismissal Claim?

Unfortunately, not everyone is protected from unfair dismissal – regardless of the circumstances surrounding their departure. You may be able to make a claim if you:

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What Should I Do If I’ve Been Charged With Assaulting a Police Officer?

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Assaulting a Police Officer

Assault is a serious crime throughout Australia and assaulting a police officer is arguably one of the most serious crimes you can commit. If you’ve been charged with assaulting a police officer, the first thing you should do is enlist the services of an experienced criminal lawyer with a strong reputation.

Failing to do this could result in serious penalties. Even if you do use a decent lawyer you might still be convicted, but your sentence/financial penalty should be less. In the rest of this article we should look at a few of the things you should do if you’ve been charged with assault of a police officer (or some variation of the charge). We’ll also look at some of the likely penalties associated with these charges.

*Note that this article will focus specifically on the process and outcomes of being charged with assaulting a police officer in Victoria. While the law is similar throughout Australia, you need to make sure that you do you own research.

Under What Circumstances Would I Be Charged With Assaulting A Police Officer?

Well, the charge basically speaks for itself. In Victoria, you could be charged with assault of a police officer under a range of circumstances. The Crimes Act 1958 states that:

“A person who assaults or threatens to assault, resist or intentionally obstructs an emergency worker on duty, knowing or being reckless as to whether the person was an emergency worker is guilty of an indictable offence.”

In short, if you kick, punch, or otherwise obstruct or assault a police officer, you could be charged. This applies both in cases where you might be resisting arrest  and where you happen to simply do the wrong thing at the wrong time.

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7 Estate Planning Mistakes You Should Avoid

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Estate Planning

Although in the past it may have been, estate planning isn’t just for the super rich anymore. Rather, it’s a very useful tool that should be used by pretty much everyone to make sure that their affairs are in order if they unexpectedly pass away.

However, estate plans can be complicated. A lot of people have trouble creating their first estate plan, making mistakes and doing things the wrong way. With this in mind, I’ve put together a short list of the top seven estate planning mistakes to avoid. They include:

  1. Doing things yourself

Although it can be tempting to save a bit of money by putting your estate plan together by yourself, I’d seriously recommend against doing this. In reality, estate plans are complicated collections of legal documents that should be put together by a professional.

  1. Forgetting to plan for minors

One of the most important components of estate plans deals with the future of minor children and other dependants if both parents were to pass away before they reached adulthood. Unfortunately, a lot of people forget to plan for their children. It’s important to at least name a guardian, among other things.

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How Can Restructuring My Business Help My Circumstances?

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Restructuring My Business

If your business is in trouble financially then you should consider restructuring. A commercial lawyer will be able to help you decide the best way to do this, but restructuring your business will basically let you continue to operate when your assets are under threat.

There are numerous reasons why you might decide to restructure your business. There are also a range of different outcomes that you might be trying to achieve. In this article we’re going to first define what we mean by business restructuring, then cover some of the most popular reasons for restructuring.

As always, this isn’t legal advice, but information to help you decide whether restructuring is a viable course of action for you to take.

What is business restructuring?

Basically, business restructuring is pretty much what you’d expect. It usually involves changing the internal structure of your business to better reflect your aims and business needs. It includes, but isn’t limited to, things like:

  • Debt restructuring to free up more capital and reduce your overheads.
  • Corporate restructuring to change the way your business is run.
  • Financial restructuring to make your business more profitable.

Generally, business restructures are designed to balance your business, making it easier to run and more profitable in the long-term.

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Can I Make Fireworks in Australia?

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Make Fireworks

Fireworks are fun to set off, great to look at and an exciting thing to share between friends. However, they are also illegal to the general public in most of Australia. Criminal lawyers throughout Australia regularly deal with fireworks related offences, and you should be aware of the potential penalties and consequences if you decide to dabble in the illegal.

In this article we’ll look closely at some of Australia’s fireworks rules, the penalties associated with firework manufacture or possession, and the exemptions to the general fireworks rules. It’s important to note that fireworks and other explosives offences are taken very seriously in Australia, which means that you should never attempt to get around the rules.

Can I Make Fireworks In Australia?

You’ve probably already understood the answer to this, but the short answer is that no, there are no circumstances that let you make fireworks in Australia without the relevant licensing and safety procedures.

One of the main reasons for this is that fireworks can be extremely dangerous, especially if they’re not made properly. Homemade fireworks and other explosives can cause damage to property and pose a large safety risk, and they should therefore be avoided at all costs.

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What is Spousal Maintenance And Do I Need to Think About It?

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Spousal Maintenance

If you’re going through or thinking about going through a divorce or de facto relationship break up then you need to make sure that you’re aware of spousal maintenance. In some cases, one partner may have to pay spousal maintenance to their ex, even after the separation is finalized.

If you’re not sure what spousal maintenance is and why you need to be aware of it then you should speak to your local family lawyers for more information. This article will give you a brief overview, but shouldn’t be taken as professional information.

What is spousal maintenance?

If a couple’s separation leads to a situation where one one party can’t support themselves financially then the other party may be required to pay some form of spousal maintenance.

Situations like this usually arise when only one partner in the couple worked while they were together – for example, where one partner worked and the other looked after children.

Spousal maintenance comes in two forms: lump sum payments and regular periodic payments. You may be told to pay either, depending on your situation.

It’s also important to note that spousal maintenance and child support are two different things and that both can have to be paid.

When am I entitled to spousal maintenance?

It can be difficult to prove that you should be getting spousal maintenance. Generally, your claims will only be approved if you can genuinely prove that you can’t support yourself with your current income or savings, even though you’re trying.

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4 Important Things To Think About When Making Your First Will

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Making Your First Will

Creating a new will can be difficult, especially if it’s your first. There are a lot of things to think about, and a lot of important legal considerations to take into account.

Ultimately, it’s usually a good idea to speak with a lawyer about your will before signing it, especially if you have a lot of assets or a complicated estate.

However, there are a few things you should keep in mind when you’re writing your first will. Four important things to think about include:

  1. Understand That You Can Write Your Own Will

Although it’s recommended to speak with your lawyers when you’re creating your first will, it’s actually perfectly acceptable to do it yourself. If you do decide to write your own will then you should probably use a will kit, but it’s actually even possible to write one from scratch if you want to.

Once again, if you decide to go down this road, you need to make sure that you include all of the relevant information. Failing to do so could result in your will not being legally binding when you pass away.

  1. Make Sure You Include Enough Information

It’s very important to make sure that you include as much information as you can in your will. Doing this will keep things simple for your family and friends when you pass, because they won’t have to deal with assets not included in your will or brushed over without enough details.

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Parenting and Divorce – 5 Things You Need To Be Aware Of

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Parenting and Divorce

Divorce can be an extremely difficult thing to go through, especially if you have children with the partner that you’re separating from. A decent family lawyer can help you deal with the legal side of your divorce, but it’s important to make sure that you’re familiar with the things that you have to do.

With this in mind, we’ve put together a short list some of the most important things that you need to be aware of if you’re a parent going through a divorce. They include:

  1. Be aware of your kids and what they’re going through

Divorce isn’t only hard for you and your soon to be ex partner. Your children will probably suffer as well. They might be anxious, stressed out and worried about what’s going to happen to them – particularly if they aren’t old enough to really understand what’s happening.

You can make things easy for your kids by thinking of their needs at all times. Try not to argue around them, and if possible, try and come to a mutual agreement with your former partner about things like rules and co-parenting.  

  1. Consider custody agreements

If you and your former partner really don’t get on well, or if you’re separating because of an abusive relationship, you should consider fighting for custody of your children. By doing this you can make sure that they’re going to grow up in a loving home.

If you do decide to go down this path then you should definitely employ the services of a decent family lawyer. They will be able to advise you on the best course of action while helping you build your custody case.

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Do I Have The Right To Remain Silent When Questioned By Police?

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Questioned By Police

Australian citizens and foreigners visiting Australia have a lot of rights when it comes to police questioning. Essentially, you don’t usually have to answer any questions, especially if you don’t have a lawyer present.

If you have been or know that you’re going to be questioned by police, then you should speak to an experienced criminal lawyer as soon as possible. Doing this will allow you to build a defence against any charges which could be brought against you, and getting ahead of the ball like this will minimise your chances of legal penalties.

Similarly, if you’ve been questioned in a way that you don’t think was legal, you should also speak to your lawyer. In cases like this, any answers you provided may not be admissible in court.

When Do I Have The Right To Remain Silent In Australia?

Put simply, the right to remain silent when you are arrested by the police is a fundamental part of the Australian legal system. You don’t actually have to say anything to the police, no matter how intensely they question you.

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