Entries by LawAnswers Australia

What is Constructive Dismissal?

Constructive dismissal is where an employee decides to resign from their employment not because of their desire to leave their employment, but because of their employer’s actions. Some circumstances that can may be considered constructive dismissal is if an employee resigns because of: The employer asking the employee to resign from their position. An unsafe […]

What is a SMSF?

A SMSF is a self managed superannuation fund. A SMSF is a private super fund, managed by the parties to the super fund and regulated by the Australian Taxation Office (ATO). Who can manage a SMSF? A SMSF can have up to four parties to the self managed super fund and all parties must be […]

How to Appeal a NSW Drivers Licence Suspension

There are a number of reasons why you might have your NSW drivers licence suspended, these include: Unpaid fines Accumulation of demerit points Speeding On the spot for certain major traffic offences If you have received a letter from Roads and Maritime Services (RMS) regarding a NSW drivers licence suspension or the police have suspended […]

Insolvent Trading – What Is It?

Insolvency is defined under the Corporations Act as being a person (a natural person or a company) who is unable to pay their debts when they become due and payable. Insolvent trading occurs when a company is insolvent but the director(s) of the company allow the company to incur new debts. The Corporations Act sets […]

What is an Adverse Action Under Employment Law?

In the context of employment law, an adverse action is an action taken by a person, including doing, threatening, or organising an action, that adversely affects a person or organisation. The types of actions that could amount to an unlawful act include doing, threatening, or organising any of the following: An industrial action that would […]

What is a Garnishee Order?

A garnishee order is a court order that orders the recovery of a judgement debt from the other party’s bank account or wages or from someone else who owes money to the other party. The garnishee order is addressed to the third party who will be actioning the garnishee order. For example, a bank or […]

Miranda Rights in Australia?

Anyone who has watched a United States law TV show has heard the term Miranda rights. Most commonly, US law enforcement officers will read a criminal suspect their Miranda rights as a warning that they have a right to remain silent and anything they say can be used against them. The law enforcement office provides […]

Do You Need a Company Constitution?

A company constitution is a document that governs a company’s activities and also sets out the relationships of the company directors and shareholders. It sets out how the internal management of a business works. Is a company constitution mandatory? The Australian Securities and Investment Commission (ASIC) that regulates Australian companies, sets out clearly that when […]