Local, personable and assured legal services
Albany and the Great Southern
Local, personable and assured legal services - Albany and the Great Southern

About Adam

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So far Adam has created 50 blog entries.

The importance of ensuring workers are properly classified as independent contractors or employees…

A fascinating article in The Guardian newspaper this week regarding the status of food delivery people, specifically whether they are properly classified as independent contractors or employees. In a decision which could have impacts throughout the 'Gig Economy', Foodora Australia has admitted riders owed $5m were 'more likely than not' employees. Under current Australian labour [...]

By | 2019-02-05T06:10:33+00:00 November 13th, 2018|Other Commercial, Springdale News|Comments Off on The importance of ensuring workers are properly classified as independent contractors or employees…

Squatting laws and being a ‘legal squatter’ are still a thing in 2018….

A fascinating article on ABC about a decision in the NSW Supreme Court yesterday, which handed a home to a property developer who came across it in 1998, changed the locks and started renting it out. "Essentially it means if you are in possession of land you can presume to have title to land." It's called adverse possession. [...]

By | 2019-02-05T06:10:51+00:00 November 1st, 2018|General, Springdale News|Comments Off on Squatting laws and being a ‘legal squatter’ are still a thing in 2018….

The incestuous world of tax and how it may give birth to conflicts of interest…

An interesting analysis on ABC online today about ATO officers and their experience in the private sector - 'on the other side of the fence'. As a former ATO employee, it is important that ABC has said 'There's nothing inherently bad about the public sector injecting private expertise.... they intimately know the tactics of the [...]

By | 2019-02-05T06:11:06+00:00 October 24th, 2018|General, Springdale News|Comments Off on The incestuous world of tax and how it may give birth to conflicts of interest…

The requirements of financial services providers with the new Australian Financial Complaints Authority…

Australian financial services licensees who provide financial services to retail clients, Australian credit licensees, authorised credit representatives and superannuation trustees are required to be members of AFCA. Firms were required to register with AFCA on or before 21 September 2018. Those who have not yet done so must take steps to register as soon as [...]

By | 2019-02-05T06:12:07+00:00 October 12th, 2018|Other Commercial, Springdale News|Comments Off on The requirements of financial services providers with the new Australian Financial Complaints Authority…

Dangers when buying a property – structural defects…

A cautionary tale in the news today: http://www.abc.net.au/news/2018-10-07/push-for-changes-to-building-inspections/10344374 In summary, in most transactions (using the REIWA annexure), if a structural defect is detected, the seller of the property is obligated to either compensate the buyer or remedy the defects using a registered builder. However, the definition of structural defect is narrow in scope - defects that are [...]

By | 2019-02-05T06:12:18+00:00 October 8th, 2018|Other Commercial, Springdale News|Comments Off on Dangers when buying a property – structural defects…

Standards required of cleaners (and other service providers) under contract…

A decision handed down by the NSW Court of Appeal in late August provides significant guidance to the standard expected of cleaners (of all types), in order to avoid liability and satisfy their obligation under a contract of cleaning. The case is Argo Managing Agency Pty Ltd v Al Kammessy, which decided the principle that [...]

By | 2019-02-05T06:12:28+00:00 September 25th, 2018|Other Commercial, Springdale News|Comments Off on Standards required of cleaners (and other service providers) under contract…

A fun article – Can I take items from kerbside recycling?

Most of Australian has kerbside collection (recycling) and most of us look at the piles to see if there's a spot of gold to be had! The laws around salvaging — or "saving" items that would otherwise be destined for landfill — are decided by your local council. Some councils may have by-laws in place [...]

By | 2019-02-05T06:24:44+00:00 September 14th, 2018|General, Springdale News|Comments Off on A fun article – Can I take items from kerbside recycling?

Elder Abuse and its increasing prevalance

The elderly, particularly those who a lone or have a disability, have cultural barriers or are reliant on others, are at risk of financial abuse. Common forms of abuse are: Abusing power of attorney Pressure, threats and intimidation Fraud and scams Abusing family agreements Improper use of funds Theft Inheritance impatience Guarantors gone wrong Failure [...]

By | 2019-02-05T06:25:05+00:00 September 13th, 2018|Powers of Attorney, Springdale News|Comments Off on Elder Abuse and its increasing prevalance

Capital Gains in a deceased estate…

As a general rule, the trustees and beneficiaries of a deceased estate are able to disregard any CGT implications from the sale of a deceased person's principal residence, provided the sale of that property settles within two years of the deceased's death. The ATO has been very strict on this rule as part of the [...]

By | 2019-02-05T06:25:23+00:00 September 13th, 2018|Administration of Estates, Springdale News|Comments Off on Capital Gains in a deceased estate…

A new agency to deal with complaints about financial products…

In February 2018, the Australian Government established the Australian Financial Complaints Authority (AFCA) -  an external dispute resolution (EDR) scheme, which will provide a single system to deal with complaints from individuals and small businesses in relation to financial services and products. It replaces the Financial Ombudsman Service, the Credit and Investments Ombudsmen and the Superannuation [...]

By | 2019-02-05T06:25:43+00:00 September 13th, 2018|Other Commercial, Springdale News|Comments Off on A new agency to deal with complaints about financial products…