In the recent decision of Georgios Adalopoulos v CMC International Pty Ltd (U2013/8792) the applicant made an application with the Fair Work Commission for an unfair dismissal remedy. The respondent made the following jurisdictional objections to the application: the applicant was working as a contractor, not an employee; the applicant [...]
The recent decision of Re Chomley [2014] VSC 220 concerned an application by one of three administrators of an estate for permission to make a bid at an auction for the sale of an estate property. The deceased died without leaving a Will. Letters of Administration were subsequently granted to [...]
In the recent judgment of Re Fanning [2014] VSC 222, the Court had to determine whether or not an Executor had exercised his option under the deceased's Will to purchase some of the deceased's properties. At the date of his death on 24 December 1977, the deceased's estate comprised primarily [...]
The decision by the Fair Wok Commission in Jade Urand v Beaconsfield Children’s Hub (U2013/2754) concerned an employee that the employer submitted had resigned from her position. However, the Commission held that the employee was constructively dismissed because: the employer had reduced the employee's shifts and pay from four to [...]
The recent decision of Valentini & Ors v Valentini [2014] VSC 91 involved a claim by 3 estranged adult children of the deceased. The Court recognised the familial unhappiness, conflict and discord between the estranged children and their deceased father that remained unresolved at his death. The deceased's Will appointed [...]
The Federal Court has found SensaSlim guilty of misleading and deceptive conduct by deliberately failing to disclose conman Peter Foster's involvement in the business in its Franchise Disclosure Document. Previous Court orders prevented Mr Foster from being knowingly concerned in the promotion or conduct of any business relating to weight [...]
The recent decision of Hansen v Hennessey [2014] VSC 20 dealt with Part IV claims by three adult children of the deceased. The deceased had died from pancreatic cancer approximately 6 months after being first diagnosed, leaving 5 adult children. By her last Will, the deceased: made a bequest of [...]
The recent decision by the Fair Work Commission in Leanne Didcock v Kim Bainbridge Legal Services P/L (U2013/2713) dealt with an employer's application for relief from unfair dismissal. The employee's employment was terminated because of her behaviour towards other staff, including telling another staff member to "piss off" and giving [...]
The matter of IMO the Estate of John Demetriou, deceased [2013] VSC 703 dealt with an application by the adult daughter of the deceased. The deceased's estate was valued between $3,587,000 to $4,057,000. Under the deceased's last Will, the daughter would receive: the property at 2 Thomas Street valued at [...]
In the recent decision in Cronin v Choice Homes (Qld) Pty Ltd (U2013/1615), the Fair Work Commission found that an employee had been unfairly dismissed by his employer. An email was sent to all the company's staff congratulating the Chief Executive Officer for his 20 years of involvement with the [...]