Recent content by rebeccag

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
  1. rebeccag

    QLD Discretionary Trust Structure - How Does It Work?

    John should speak with his accountant and/or a business lawyer for financial advice and commercial legal advice on his specific circumstances (more than what you could say in a public legal forum.
  2. rebeccag

    QLD Centrelink - How Long Do Fraud Investigations Take?

    There is no set time frame that I'm aware of. Each case would depend on its particular circumstances. You might find this article on Centrelink fraud informative: Centrelink Fraud and Overpayments - They Will Catch You Out - Legal Blog - LawAnswers.com.au
  3. rebeccag

    QLD Franchise Network Directors in Dispute - What to Do?

    G'day Roundabout, I'm aware of Franchising Code of Conduct | ACCC but franchise law is a specialised area and yes it would be in your best interests to get advice from a franchising specialist who is willing to consider your matter. See Get Connected with the Right Lawyer for You for a referral...
  4. rebeccag

    NSW Family Court Orders - Application for Passport and Australian Federal Police?

    G'day Stacey, Have a read of this information that relates to your question: Family law kit - Australian Federal Police Overseas Travel with Children After Separation or Divorce - Legal Blog - LawAnswers.com.au
  5. rebeccag

    VIC Department of Human Services Worker - Took Kids Against My Will?

    It sounds like it might be best to get legal advice from a family lawyer that goes into your circumstances in more detail - from Legal Aid or your local community legal centre if you're eligible. I know that you can make an official complaint about the conduct of a DHS worker and if it isn't...
  6. rebeccag

    QLD Tenant in Common - Can Bank Refinance Husband without My Knowledge?

    Your mortgage is a legally binding contract. They can't take you off without your approval. They can't take you off the title without your consent either. If you need further confirmation, contact your bank and the titles registry at the Department of Natural Resources and Mines (DNRM) QLD...
  7. rebeccag

    NSW Property Settlement with De Facto - Will It Take Months?

    Where you can't agree about property settlement, it rarely 'proceeds promptly' unfortunately! Reaching an agreement between yourselves is the most beneficial option. You might find this information about separation and property settlement useful: In a De Facto Relationship? Here's What You...
  8. rebeccag

    VIC Child Support Agency - Claim Back Pay of Child Support?

    G'day Melb8992, Yes, you could go to court, but it could save time and money to negotiate directly with your ex if possible. The more money for your child, rather than on other fees, the better. But also have a look at a previous post I commented on that contains some helpful links, including to...
  9. rebeccag

    WA Incorrect Information on Marriage Certificate - Still Valid?

    It might be best contact the WA office of Births, Deaths and Marriages - see Births, Deaths and Marriages (I'm not certain that the incorrect detail will invalidate the document.)
  10. rebeccag

    WA Finalising Separation Agreement - What to Do?

    Hi Logie, Have you already reached a mutually acceptable outcome with your husband and noted it in writing in a separation agreement (which is also called a binding financial agreement)? See: Separation Agreement Kit – Australia - Legal Documents - LawAnswers.com.au Then will you be in a good...
  11. rebeccag

    NSW Confidentiality Clauses under Employment Law - Applicable Only to Me?

    The employment release agreement and that confidentiality clause binds the parties who sign the agreement. It also depends on the wording of the clause and the circumstances - so read it carefully. For example, if the witness is an employee of your old employer and your old employer must ensure...
  12. rebeccag

    NSW Unfair Dismissal - Still Bound to Confidential Information?

    Usually there will be some sort of exception where you can disclose to certain people for specific reasons - eg, to a lawyer for the purpose of legal advice. Carefully read through the terms of the Agreement to understand what it says you can/can't do, what actually falls under the definition of...
  13. rebeccag

    QLD Will Sales Commission and Incentives Be Paid If I Resign?

    It all depends on what your employment contract says - so read through the terms of yours very carefully. In a number of employment contracts I've seen, there are terms that say that if you're not an employee at the certain time of the year when you're to be paid an incentive, then you're not...
  14. rebeccag

    NSW De Facto Relationship Binding Financial Agreement Timing

    Thanks. The concept of when something is 'stronger' doesn't really apply in the situation you've outlined, except for its not recommended that you sign a BFA in the couple of weeks leading up to your wedding as that could potentially open a loophole for signing under duress. Drafting your BFA...
  15. rebeccag

    NSW De Facto Relationship Binding Financial Agreement Timing

    Hi Dave, The most legally correct course of action would be to get a lawyer to review it after you've drafted it and provide a certificate that you have received independent legal advice. You both need to separately receive independent legal advice in order for the Binding Financial Agreement to...