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Author: Daniel McDonald

Industrial manslaughter now a crime in Victoria
Daniel, Employment Law

Industrial manslaughter now a crime in Victoria

by Daniel McDonald Mar 4, 2020

The Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 is designed to amend the Occupational Health and Safety Act 2004 (Vic) (OHS Act), to include this new offence Workplace Manslaughter.From 2020, business and officers whose negligent conduct leads to the workplace death of a worker shall be guilty of workplace manslaughter. Businesses such as partnerships, corporate…

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Is my Superannuation benefit covered under my Will?
Daniel, Self Managed Super Fund (SMSF)

Is my Superannuation benefit covered under my Will?

by Daniel McDonald Oct 18, 2019

In most instances, superannuation does not form part of a deceased’s estate. This means that in most cases, it is not paid to the estate unless the deceased person has made a valid and binding nomination to their estate. Superannuation and life insurance cannot be used to pay estate debt and liabilities – section 205 of the Life Insurance Act 1995 (Cth).…

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Victoria’s combustible cladding crisis, the importance of due diligence when buying an apartment.
Contract Law, Daniel, Property Law

Victoria’s combustible cladding crisis, the importance of due diligence when buying an apartment.

by Daniel McDonald Sep 8, 2019

The extent of Victoria’s cladding crisis is overwhelming. 2,227 individual buildings have been inspected, and 1069 have been found by Victoria’s Cladding Taskforce to have non-compliant cladding. In actuality, the total number of buildings containing non-compliant cladding in Victoria is higher, because those numbers do not include those buildings outside the remit of the Taskforce,…

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The Cooling off Period on a private property sale, when and how it applies.
Contract Law, Daniel, Property Law

The Cooling off Period on a private property sale, when and how it applies.

by Daniel McDonald Sep 5, 2019

In a private property sale of residential property in Victoria, the property is advertised and prospective buyers are invited to make offers to the seller or the seller’s agent, and the sale does not go to auction. For residential properties and rural properties less than 20 hectares, buyers have three business days to think about…

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When demoting an employee amounts to a dismissal
Daniel, Employment Law

When demoting an employee amounts to a dismissal

by Daniel McDonald Feb 20, 2019

A recent Fair Work Commission decision has found that the demotion of an employee amounted to a dismissal for the purposes of the Fair Work Act 2009.An employee received a final warning from his employer for not performing a blood alcohol test on members of his team prior to taking them to a site visit.…

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Your Lender requires you to seek independent legal advice
Contract Law, Daniel, Finance

Your Lender requires you to seek independent legal advice

by Daniel McDonald Feb 19, 2019

A Reverse Mortgage Certificate is the Certificate of independent legal advice that is often required by lenders providing Reverse Mortgage Loans or Equity Draw Down Loans.  This certificate is often referred to as an Acknowledgement of Independent Legal Advice or Solicitors Certificate.Lenders require such certificates for Reverse Mortgage’s, Equity Draw Down Loans and for individuals…

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