WORKPLACE HARASSMENT AND BULLYING
YOU MUST PROTECT YOUR STAFF Employers have a positive duty to prevent harassment and bullying, and breach of the duty can result in damages claims against employers. The duty arises from: Implied terms in the contract, from employer policies, or implied by law A duty of care owed in tort law Obligations under OH&S laws […]
Positive Outcomes – Considering mental illness of offenders
By section 32 of the Mental Health Act, someone with a developmental disability, mental illness or mental condition can be diverted from the criminal justice system and given rehabilitative treatment ordered by the courts. According to Australian of the Year Professor Patrick McGorry, four million Australians have mental health problems and 65 per cent of […]
Trust deeds – Stamp duty costs if the deed is lost
The cost of registering an original trust deed generally pales into insignificance compared to the cost associated with a lost one. One couple who had decided to change the business structure of their investment properties couldn't find a copy of the trust deed. As the trust was created a number of years ago, they were […]
Resisting A Liquidator's Claims – How to hang on to payments made to you
What happens if a company which cannot pay its debts goes into liquidation, and the liquidator sends you a letter alleging that the company has been trading while insolvent and demanding that you return all the payments made to you over the past months? When an insolvent company is wound up, a liquidator is appointed […]