The winding back of lockdown restrictions was not the only highlight in the week commencing 11 October 2021. 2 new judges were appointed to the
When someone dies without a will the rules of intestacy apply. Dad’s assets will be distributed according to a statutory formula. Depending on the extent of the assets someone may need to apply for a grant of letters of administration from the Supreme Court. This is usually done by the beneficiary with the greatest interest in the estate. Legal advice should be obtained to determine who should apply.
This is often a difficult time for families. Most aged care facilities will require Mum to have a power of attorney and appointment of guardian in place. However, this can be a critical time to have Mum consider all her future planning needs. It is our experience that taking time to consider options saves regret later. It may be important, for example, to consider how funds will be released to pay for aged care and legal advice on the sale or disposal of assets may be important. Mum may need a new Will as well as appointing an attorney and guardian. Important issues may arise such as whether Mum has mental capacity to instruct a solicitor and this needs careful assessment.
Whether it is a property settlement division or arrangements for children and parenting, the first step is to speak with someone about your rights, entitlements and obligations. Meeting with a lawyer is the first step. In property matters, defining the assets and liabilities of the parties is most important. In parenting matters, determining what is in the interests of the children is the primary consideration.
If you think you have been unfairly dismissed, you should act promptly.
You may be able to make an application for unfair dismissal in the Industrial Relations Commission or the Fair Work Commission.
An application for unfair dismissal must be filed within 21 days of the date of dismissal. This is a strict time limit and will only be extended in limited circumstances.