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Residential Care Subsidy - A Trust May Affect Eligibility

Created: Tuesday, 25 July 2017 09:11

Statistically, few of us will require long term stay in a rest home or hospital. At age 65, 5% of the population is in care. This increases to 21% once we reach the age of 85. Of the 85+ population the average stay in rest home/hospital care is 18 months. However, 54% of those over 85 will probably die in care. This high percentage of people dying in care is not because they are in long term residential care but because of the numbers that will be in respite care.

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Residential Care Subsidies - Working It Out

Created: Monday, 24 July 2017 16:53

The underlying purpose of the Social Securities Act 1964 is to ensure that financial support is available to people who require it.  The availability of this support is subject to means testing, and the Act requires that "where appropriate they should use resources available to them before seeking financial support under this Act".  These resources may include assets held in trust.

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Casenote: Green Road Cattle Company Limited v Southead Holdings Limited

Created: Thursday, 20 July 2017 09:34

Even when the documentation entered into between parties appears clear and able to be interpreted precisely, when the parties end up in a dispute, it is always quite fascinating to see how the actions or words of one or the other of them can be interpreted differently depending on which side of the dispute you are sitting.

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The New Earthquake-prone Buildings Regime

Created: Monday, 17 July 2017 16:06

The Building (Earthquake-Prone Buildings) Amendment Act 2016 came into force on 1 July 2017. This Act makes changes to the Building Act 2004 and represents a new way for Territorial Authorities to deal with the identification and management of earthquake-prone buildings (EPBs). It aims to create consistency in how and when all Territorial Authorities deal with and provide the public with information about such buildings.

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Congratulations Freddy Faull

Created: Friday, 19 May 2017 17:26

 

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A Franchisor's Responsibility For Franchisee's Compliance With Employment Laws

Created: Friday, 19 May 2017 15:13

Several well known franchise systems have recently made headlines in Australia in relation to Franchisees who have committed breaches of employment laws by underpaying staff and wage fraud. This has resulted in the Turnbull government introducing the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 ("Aussie Bill"). This Bill provides that Franchisors will be held liable for workplace violations by their Franchisees if they have significant influence or control over the Franchisee; if they knew or should have known of the underpayments; and if they failed to take reasonable steps to prevent the violations. For many commentators, while there is a recognition that some things need to change, this is seen as a step too far and some have even gone as far as to say that this would be the end of franchising in Australia as they know it.

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