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September 21, 2022 · Mingqiang

Underpaid or having wages withheld by your employer? How to assert your rights instead of suffering in silence — NSW/VIC step up penalties on employers!

Late last year, a survey conducted by The Migrant Workers Centre found that 65% of temporary visa holders surveyed had experienced wage theft, a rate more than three times higher than that of local workers. So-called WAGE THEFT can take many forms, including wages below the legal minimum, non-payment of overtime or various entitled allowances, workplace exploitation of all kinds, non-payment of superannuation, and being forced to accept cash-in-hand payments only, among others.

September 20, 2022 · Mingqiang

De facto Relationship Breakdown: How Is Property Divided? Key Points to Note!

In Australia, many cohabiting partners apply for a de facto certificate, commonly known as proof of a de facto relationship, to establish that they are in a de facto partnership. Although a de facto relationship differs from a registered marriage, it still carries legal effect. In today's complex social environment, the breakdown of a de facto relationship brings a range of unique challenges, particularly when it comes to property division. For members of the Chinese community, traditional views often mean many people are unaware that parties in a de facto relationship can also divide property. In such situations, property division becomes a matter that requires careful thought, weighing various factors and seeking a fair outcome. So when a de facto relationship breaks down, how is the couple's property divided? Below we share the key aspects of property division to be aware of when a de facto relationship ends.

September 19, 2022 · Mingqiang

After Divorce, Should I Make a Parenting Plan With the Other Party?

For divorcing parties, the most important issue is how to allocate responsibility for raising the children. In our previous articles we explained parenting orders. Today we discuss the parenting plan.

September 15, 2022 · Mingqiang

How Long Is Parental Leave in Australia? How Much Is Paid Leave? Dads Can Also Claim a Benefit?

Australia is well known as a welfare state. Today we focus on what benefits are available under Australia's parental leave scheme.

September 8, 2022 · Mingqiang

If Your Pet Dog Bites Someone, What Will You Pay as the Owner?

Many families in Australia keep dogs. Today we'll talk about what responsibility an owner has if, while walking their dog, the pet accidentally bites someone. In NSW and other states, even a very minor bite can lead to significant fines or even imprisonment.

September 7, 2022 · Mingqiang

When a Business Is Transferred or Sold, Are Its Employees Left Without Protection?

In Australia, selling and transferring a business is very common. Business owners may wish to sell or transfer an existing business for personal reasons — for example, no longer wanting to continue running it — or for commercial reasons.

September 6, 2022 · Mingqiang

What Licences Do You Need to Run Different Types of Businesses in Australia? What Should You Watch Out For?

When running a business, having the relevant industry-required licences — or business permits — is essential. Starting operations without the proper licences can easily cause a business to breach laws and regulations. So whether you are planning to start a business in Australia or are already running one, understanding upfront the licences and legal requirements that apply to your industry is critical. This article walks you through the licences and key considerations for operating various types of businesses.

September 2, 2022 · Mingqiang

Can a Binding Financial Agreement Signed with Genuine Intent Still Be Set Aside or Terminated?

To avoid property disputes, signing a Binding Financial Agreement (BFA, often referred to as a prenuptial agreement) is a fairly common practice. A BFA is a legal instrument that clarifies the property rights and interests of both spouses, ensuring the couple's financial arrangements are reasonable and fair, and reducing the possibility of future property disputes. Such an agreement is usually negotiated and signed voluntarily by both parties before marriage, but it can also be entered into during the marriage or after the relationship has broken down. It carries legal effect and can set out the specific division, management and succession of property in accordance with the parties' wishes. In an earlier article, How Is Property Divided After Divorce in Australia?, we covered the function, drafting process and validity of financial agreements. On the question of validity, we have previously noted that a BFA may be set aside if, at the time of signing, one party was (i) the significantly disadvantaged party, or (ii) subject to duress or undue influence, such that the agreement did not reflect that party's genuine intent. In this article we take the question a step further: if both parties signed the BFA with genuine intent, can the agreement still be set aside or terminated?

September 1, 2022 · Mingqiang

Harassment at Train Stations and Other Public Places, Especially Toward Women: NSW Boosts Surveillance, VIC Launches Instant Reporting Service

In Australia, have you ever encountered some "odd" people near a train station or when walking past a park? They might look like homeless people loitering around, or be walking along muttering something you can't quite make out, or… Most people, in most situations, will simply steer clear and take a detour if they spot such a person from a distance, trying to avoid any contact whatsoever — not even eye contact. If I can't afford to mess with them, surely I can afford to avoid them, right?

August 25, 2022 · Mingqiang

“This is Tencent Customer Service, notifying you that your WeChat account is about to be banned” and “Hi, Mum…” — beware of these two scams!

Today NS Legal shares two “new-style” phone scams with you. The scripts may be formulaic, but each time the scammers put on a different disguise, people still fall for them. Both scams below have already been encountered by friends and colleagues around us, so please stay on high alert. Don’t end up saying, “I really didn’t think I’d be the one to fall for it…”

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