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Mental Harm

Mental Harm


One of the common claims people often raise following a stressful incident is mental harm. Such injury claim could result from defective building work, or bullying in the workplace, or being at the scene of an accident which as caused a recognised psychiatric illness.

 

Mental harm is the result of trauma which impacts on the individual psychologically, biologically and cultural and socially.

 

The psychological responses have various phases: 

 


the outcry where fear, sadness, rage occurs; 



denial where the person refuses to face the memory of the event; 



the intrusion into the mind where thoughts of the event come back;



Mental Harm
John Melis May 25, 2018 08:17 PM

Passports & Children

Passports & Children



Everyone likes a holiday but when it is overseas and includes family members who are minor with no passport, difficulties may arise. When a passport is required for a child under the age of 18 years, that passport application requires the consent of both parents or a court order. The purpose of this law is to protect the child from being permanently removed from Australia. 

 

Where a parent and the court do not provide their consent for a passport, under section 11(2) of the Australian Passports Act (Cth) the minister may issue a passport for the child in the absence of parental or court consent where there are exceptional circumstances. This situation may include issuing a passport for the child to avoid adversely affecting the child’s welfare (physically or psychologically) or

Passports & Children
John Melis Mar 20, 2018 08:14 PM

Consumer Payment Risks

Consumer Payment Risks


 

Every consumer who transacts with an online payment to another party’s bank account for goods or services that exceeds an amount greater than $1,000 should raise the question, are the bank account numbers correct to which the payment is to be made! 

 

There are several aspects of fraud and some of these include, obtaining property by deception, obtaining financial advantage by deception, false accounting, falsification of documents, fraudulently inducing a person to invest.  

 

One of the developing fraudulent conducts that are more regularly occurring today involves data penetration and utilisation of that information. The purpose of this hack is to manipulate information from that account to commit deception, by using that pers

Consumer Payment Risks
John Melis Jan 21, 2018 11:03 AM

Property Economic Loss

Property Economic Loss


 

Financial loss is common in the property industry, whether the market is in an upward trend or downward one. Where commercial property activities for profit are being undertaken, such as renovating or building, one of the heads of damages that may be considered in a claim is economic loss. Economic loss is one which is financial, such as the diminution in the value of the property or loss of profits. 

 

Let’s assume a property owner engages an architect to design footings to a dwelling, which results in the construction subsiding. In this instance the architect will be liable to the owner under the contract for damages for breach of the express or implied term that the design would be completed in accordance with the skill of a reasonable architect. The property owne

Property Economic Loss
John Melis Oct 15, 2017 12:52 PM

Is this my child?

Is this my child?


 

One of the arguments by a parent in the refusal to pay child support is that they are not the parent that is responsible for those payments under the Family Law Act 1975. Who would think that a parent would deny a child’s right. Well, it does happen! However, there are occasions where a parent has wrongly been required to pay child support, these situations are limited but do occur. 

 

The Family Law Act contains five statutory presumptions of parentage and they do not cover every circumstance. Though each of these presumptions may be rebutted by proof on the balance of probabilities. 

 

Presumption 1. 

 

Where a woman gives birth to a child within 44 weeks of a marriage being annulled or ter

Is this my child?
John Melis Aug 23, 2017 02:41 PM

Contract of sale section 32 validity

Contract of sale section 32 validity


 

Where a section 32 statement fails to disclose an easement, covenant or other similar restriction affecting the land, a right of rescission may apply by the purchaser under the contract. 

 

Section 32C of the Sale of Land Act 1962 (Vic) says: 

 

A section 32 statement must contain the following matters in relation to the use of the land:

 

(a) a description of any easement, covenant or other similar restriction affecting the land (whether registered or unregistered) and particulars of any existing failure to comply with the terms of that easement, covenant or restriction;

 

(b) if the land is in a designated bushfire prone area within the meaning of regulations made unde

Contract of sale section 32 validity
John Melis Aug 20, 2017 06:47 PM

What happens if funds are not available ?

What happens if funds are not available ?


 

It is not uncommon now to find that property settlements or even refinancing of loans are falling over. There are three words in the finance industry, which every borrower should understand their meaning in relation to lending: preliminary, indicative, conditional. Each of these three words in finance terms means that the loan is not unconditionally approved.

The issue that comes with many proposed finance arrangements is where the borrower has been told that obtaining the loan will not be a problem, or it is a done deal, or the paperwork is all in order, or settlement will be ok! However, if the funds don’t come available for settlement, can you sue that adviser for the representations that they have made?

 

Where there is no binding loan agreement, and th

What happens if funds are not available ?
John Melis Aug 05, 2017 03:30 PM

Identifying property on separation!

Identifying property on separation!


 

When couples separate one of the key aspects is financial separation, which involves the division of the assets between the parties. Technology plays an important part in this area with the searching and identifying of the assets that were accumulated during the partnership. It does happen often that one party to a relationship breakdown will deliberately attempt to make assets disappear. Naturally, this conduct is totally unacceptable, as well as being completely dishonest. However, no matter which way an asset is made to disappear, there will always be a digital trail to follow.

The first element with financial separation is to determine what is the property that should be part of the asset pool. The Family Law Act 1975 under section 4(1) has defined property as, “property to which those

Identifying property on separation!
John Melis Jul 30, 2017 12:45 PM

De Facto Property Rights

De Facto Property Rights


 

Property settlement for de facto couples is legislated by the Family Law Act Pt VIIIAB which is identical to married couples in Pt VIII of the Act. De facto couples have a right to maintenance which includes sections 90SD to 90SJ of the act, and property division, which is sections 90SK to 90SN, and the splitting of the superannuation under section 90SM of the Act.

 

There are jurisdictional hurdles that must be satisfied to raise a property separation claim for de facto couples. There are also requirements that the relationship was for a period of two years. When these two factors are met, property or spousal maintenance orders may only be applied for after the couple have separated. 

 

De facto couples may complete a property division bet

De Facto Property Rights
John Melis Jul 16, 2017 04:23 PM

Disposing of assets behind your spouses back!

Disposing of assets behind your spouses back!



When relationships breakdown it is not uncommon for one spouse not to know what the assets are, or even worse, the other spouse attempts to sell the assets and abscond with the proceeds from the sale. With all relationships the number one priority is that if you are not aware of the assets, bank accounts or any other form of investments, you need to find out. The reality is things do change, and in present society, it is necessary to take a proactive stance to firstly, know what is going on financially, and secondly, protecting the future. 

 

It is not uncommon for one spouse to attempt to dispose of assets before or during a financial separation. The challenge for the other party is to beware of such action. However, once there is an indication that one spouse is attempting to sell as

Disposing of assets behind your spouses back!
John Melis Jul 08, 2017 03:58 PM

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