Posts by Adam Moschella

Dealing with Debt

turned_in_notBankruptcy, Debt Agreements, Financial Stress, Insolvency

With the mining downturn many are struggling to cope with the financial stress brought about by reduced employment opportunities and falling property prices throughout the region. While some consider bankruptcy as the only option or last resort, there are options to repaying debt without the need to become bankrupt.

One Punch Can Kill Laws

turned_in_notAssault, Criminal Law, One Punch

Earlier this month, the first person to be charged under Queensland’s “one punch can kill laws” pleaded guilty to the unlawful striking a 55 year old man who died from extensive injuries to the head caused by a single punch.

Unfair Contracts And Retail Shop Leases

turned_in_notLandlord, Leasing, Retail Shop Lease, Tenant

With the current mining downturn in the local economy many small business owners are feeling the pressure and close over weekends or reduce the hours of trade to lower expenses and increase profit margin. However, it is not uncommon that retail Lessees in large shopping centres are forced to open their doors due to an obligation under their lease that if the shopping centre or complex is trading they must be as well. From 12 November 2016 the unfair contract legislation will be extended to small businesses that have entered into standard form contracts.

Lyons v Queensland – High Court Rules on Deaf Juror

turned_in_notAnti-Discrimination, Jury Act

On 5 October 2016, the High Court handed down its decision in relation to whether or not a deaf person could serve on a jury panel. The question which the High Court was required to answer was whether the Deputy Registrar of the Ipswich District Court, unlawfully discriminated against the appellant, Gaye Lyons by excluding her from a jury panel because she, a profoundly deaf person, required the services of an Australian Sign Language interpreter.

What is a Statutory Health Attorney?

turned_in_notEstate Planning, Powers of Attorney, Statutory Health Attorney

Statutory health attorneys’ can make decision in regards to most health care matters, these may range from the consent to surgical treatment to the cessation of life support. However, a statutory health attorney cannot make decisions that would be classed as special health care decisions. A statutory health attorney’s power to act will only begin when the person lacks capacity.

THAT’S COMING OUT OF YOUR WAGES!

turned_in_notEmployee, Employer, Employment Law, Fair Work Act

To give some common examples, where this might occur is where you might damage property in the workplace or even an employer taking amounts out of your wage to top up a cash register that hasn’t balanced after your shift. However, if your employer has ever actually taken deductions from your wage for those reasons, or any reasons similar, they may be breaching national employment legislation.

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