Tag: Gold Coast Community Alliance

The Winds Of Change

What goes around comes around, I guess.

My wife and I spent this week visiting our youngest daughter at her home in Brooklyn, New York City, where we rubbed shoulders with the beautiful people on the borough’s trendy Bedford Avenue. How times have changed.

Fair Enough

“That’s not fair.”

My client’s assessment was spot-on, and more than a little ironic, given he was referring to the Fair Work Act. Like justice, fairness can be an elusive concept.

I had just finished explaining to my client a few home truths about Fair Work claims. The former employee he had dismissed for incompetence and repeated failure to show up to work was seeking damages for wrongful dismissal. In my view there was absolutely no merit in the claim, and I was confident we would win in court. But the exercise would still be an expensive one for my client. Even if you win a Fair Work claim, the Act precludes reimbursement of a litigant’s costs unless they can show the other party acted vexatiously or unreasonably. Which means claimants often have everything to gain and nothing to lose, even if their claim fails.

Cracking The Egg – Separation and Superannuation Split

We work all our lives to create a nest-egg that will hopefully sustain us comfortably in our retirement, and in this day and age most of us jealously consider our superannuation investments to be our own precious, private nest-egg. To some extent it’s true. Superannuation funds are held in trust, and therefore they can’t generally be attacked by creditors, even a bankruptcy situation. But that doesn’t mean they are unassailable.

Between Main and Dessert

“So what did you think of the Baden-Clay decision?”

It was the question I’d been dreading all night. As soon as it hit the dinner table seven pairs of accusing eyes turned my way, waiting for the slightest slip-up.

“Well…”

Sadly, A Growth Industry – Relationship Breakdown And Separation

In the mid-1960’s around 10% of all Australian marriages ended in divorce. According to the Australian Institute of Family Studies today that figure has ballooned to around 40%. Relatively little is known about de facto relationships, but their rates of failure are estimated to be even higher. Sadly, marriage breakdown has become a growth industry.

Scary Stories – Making A Murderer – Wrongful Conviction

This summer many of us became budding couch detectives and expert criminologists, all from the air-conditioned comfort of our very own lounge-rooms, as we sat glued to the TV screen and on the edge of our seats, watching the rivetting Netflix series Making a Murderer. Without giving away too much for those who haven’t finished the series, Making a Murderer is a documentary treatment of the true crime story of Steven Avery, a man convicted of sexual assault and attempted murder, and then exonerated and freed from prison after serving 18 years for the crime. But the story doesn’t end there, and – SPOILER ALERT – the next shocking turn of events has left many people stunned and outraged over the terrifyingly capricious and sometimes sinister workings of the American legal system, leaving many scratching their heads and asking ‘could what happened to Stephen Avery happen here in Australia?’

Big Dog Says “Goodnight” – Queensland Lockout Laws

The hottest of hot topics in this state for the past couple of weeks has been the government’s push to implement stricter lockout laws, and tighten the rules around sales and service of alcohol. Premier Palaszczuk has made clear her willingness to die in the ditch over the issue, and without doubt her declared motives for so doing are admirable. She’s determined to reduce the instance of alcohol-fuelled violence on our streets, and who could argue against that?

Stolen Children – Custody And International Child Abduction

Family law disputes often involve haggling over tens or hundreds of millions of dollars’ worth of property, sometimes even more. With that much money at stake, things can get nasty.

But without doubt the most bitter family law battles of all invariably are not the ones that concern dollars and cents, but the ones that revolve around custody and access to the children of the marriage. In the context of marriage breakdown the most terrifying prospect for any parent is the threat of international child abduction by a spouse and unfortunately, in recent decades, Australia has witnessed an alarming rise in the incidence of such abductions, spawned by the growing ease and affordability of international travel, the increasing proliferation of bi-cultural marriage, and the rapid escalation of the divorce rate.

Dogs and Small Children

The old show business adage warns you should never work with animals or children. They’re unruly, unpredictable, and way too cute, and in the end they’re always going to steal the show. It’s a pearl of wisdom usually attributed to the curmudgeonly actor-comedian W C Fields, of whom writer Leo Rosten once quipped “Any man who hates dogs and small children can’t be all bad.”