Employees have 21 days from the date of termination to lodge an Application for Unfair Dismissal with the Fair Work Commission.
The preferred method of resolving an unfair dismissal claim, under the unfair dismissal provisions of the Fair Work Act 2009, is the reinstatement of the employee to the position they were previously in or into a new position (that has similar hours, responsibility and pay).
In most cases, this just isn’t practical nor is it realistic.
Compensation is calculated and capped at the lesser amount of 6 months’ pay or $72,700.00 (from July 2018) or $71,000.00 (between 1 July 2017 to 30 June 2018) for both small businesses (less than 15 employees) and businesses with more than 15 employees. When awarding compensation, the Commission takes into consideration a myriad of current circumstances including, the employer’s financial position, the length of the employee’s employment, and whether the employee mitigated his/her loss by attaining alternative employment etc.
Yes! The Fair Work Commission will organise a compulsory conciliation conference (usually held around 6 weeks after your application is filed) which allows for you and your employer to negotiate a solution.
You and your employer are expected to have genuine and constructive settlement discussions at the conciliation conference in order to reap the benefits of the process.
For the employer, a well-prepared response to an employee’s Application for Unfair Dismissal is absolutely invaluable during a Conciliation Conference.
We regularly represent high net worth clients in complex property settlements. These matters require a sophisticated understanding of finances and an in-depth knowledge of Family Law in Australia.
We are highly skilled in drafting complex and intricate Court documents and Agreements. For instance, Binding Financial Agreements which are used as follows:
We understand the importance of protecting our client’s financial position which may comprise of personal and professional assets, companies, trusts, real property and other financial interests.
We believe that it’s important to have close working relationships with our clients and pride ourselves achieving the best possible results of our clients and producing only the highest quality work. No detail is too minute!
Our highly skilled Family Lawyers will offer only the best service, and our lawyers are committed to providing their clients with:
We are relentless and tenacious in our pursuit of what is important to you, but delicate and tactful when we need to be.
When someone speaks about “challenging” or “contesting” a Will, they generally mean one of two things:
Accordingly, the process to challenge a Will depends on which of the above issues apply to a person’s circumstances.
In order to contest a Will, a person must be an eligible person with respect to the deceased’s estate. An eligible person is someone whom falls within one of the following categories:
Whilst the definitions of spouse and child are more or less as you would expect under the Succession Act, in order for any person to be a “dependant” they must have been “wholly or substantially maintained” by the deceased person at the date of the deceased person’s death.
As such, if you relied financially upon the deceased at the date of the deceased’s persons death, you may be an eligible person to contest a Will.
In Queensland there are time limits that apply for contesting a Will.
If a person wants to contest a Will in Queensland, first they must give notice to the executor that they intend to contest the will of the deceased. This notice should be in writing and must be given within six months of the date of death. If the executor does not receive notice of a potential claim, after six months has passed, they can distribute the estate and there may be no estate assets left to claim against.
The second time limit which applies to family provision applications in Queensland requires a claimant to file their application in the court within nine months of the date of the deceased’s death. This is what is meant by the “limitation date”.
In certain cases, “out of time” applications can be made, however this is at the discretion of the Court. In deciding whether to allow an “out of time” application, the court will consider a range of factors, including:
An eligible person may contest a Will as not the last Will of the deceased because:
In the above circumstances, the validity of the Will must be determined. The Court decides the issue by granting or refusing to grant probate of the Will, or by revoking an existing grant of probate. Once a grant of probate is obtained, an executor may proceed to distribute the estate in accordance with the terms of the Will.
A person who wishes to challenge a Will upon the basis that they have not received enough of an inheritance must demonstrate that the provision provided for under the Will was inadequate for that persons proper “maintenance and support”.
This is demonstrated by producing evidence as to the persons income, assets, liabilities and expenditure, as well as any medical, educational and lifestyle needs.
However, a Court may also give consideration to any disentitling conduct which may have justified the testator’s decision to leave nothing, or not much, to a beneficiary. Such disentitling conduct may include; serious criminal behaviour, estrangement due to the claimant’s own conduct, and drug or alcohol abuse.
Generally, testators may leave their possessions and money to any people or causes they choose. However, if the deceased’s close family or dependants will suffer hardship as a result of the deceased’s decision to give money or property to others, a family member may bring a Court action for provision from the estate of the deceased.
The Succession Act 1981 (Qld) (Succession Act) allows Courts to award family members or dependants a portion of the deceased’s estate, even though the deceased made no provision or an inadequate provision for them in the Will (ss 40–44 Succession Act). Family provision applications may be brought even if the deceased died intestate (intestate meaning without a Will at the time of their death).
The Succession Act does not provide a list of factors for the Court to consider when a person contests a Will, however case law suggests that the following factors are usually taken into account:
In Queensland, costs are in the discretion of the Court, but usually they follow the event. This means that the successful party in legal proceedings will usually have some of their legal costs paid by the other party.
Typically, this means that:
Here at Stone Group Lawyers we have a dedicated and professional team of lawyers who can assist you with all your estate planning and estate dispute needs.
Contact our office on (07) 5635 0180 to arrange a free 30 minute consultation to discuss your needs, or book online through this website.