Lydiard Law: Recent Episodes
Paul Cott
Paul Cott, Principal of Law on Lydiard, unpacks some of the most common legal issues that affect many of us in business and in life. Topics include building contracts, insolvency and bankruptcy, business and employment, property and VCAT matters, wills and probate issues, and more.
Paul provides a general understanding of where you might stand and the options available. It's of general advice only and may not directly reflect your own circumstances.
In this special episode of Lydiard Law, we hear the story behind Paul Cott’s life and journey to a career in law. It wasn’t the most conventional route – Paul was already well established in the banking industry. He thought there was more to life than that, so he applied himself in law school as a mature-aged student, then received an offer from a law firm in Melbourne.
He followed his partner to Ballarat and soon decided to set up his own practice, Lydiard Law, and he hasn’t looked back. He loves what he does, and he encourages anybody to follow their own passion, and be grateful for the people they have around them.
Law on Lydiard
https://www.lawonlydiard.com.au/
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If someone has misled you, what can you do about it? Well, the law is designed to protect consumers and individuals from misleading statements or conduct. But it all depends, of course, on the situation and what was said or done. Paul Cott, Principal at Law on Lydiard takes us through the finer details of the law.
Law on Lydiard https://www.lawonlydiard.com.au/
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Not only do employees deserve to be treated fairly and with respect, it’s also the law. Employees have a long list of rights and legal protections in the workplace, including how they’re paid, how they’re hired, leave entitlements, safety, termination, redundancy, and so on. Paul Cott, Principal at Law on Lydiard, explains the rights of all employees.
Law on Lydiard https://www.lawonlydiard.com.au/
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Ever wondered the difference is between each of the courts we have? For example, what’s the County Court and what cases does it deal with, versus, say, the Magistrate’s Court or the Supreme Court? Is the judge the same as a magistrate? What’s the role of tribunals in the judicial system? Paul Cott, Principal at Law on Lydiard discusses Australia’s court and tribunal system.
Law on Lydiard https://www.lawonlydiard.com.au/
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Paying staff their wages should be straight forward enough, but with so many different types of awards in place in Australia, sometimes underpayment occurs. It may be unintentional, but that’s no excuse – the law doesn’t look favourably on the “ignorance” defence. To discuss underpayment – whether it’s wages or superannuation or annual leave – is Paul Cott, Principal at Lydiard Law.
Law on Lydiard https://www.lawonlydiard.com.au/
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Firing an employee for misbehaviour or incompetence is one thing with its own set of rules. Redundancy is something else entirely, but it also comes with legal obligations. Paul Cott, Principal at Law on Lydiard, explains the ins and outs of redundancy and the requirements employers should understand.
Law on Lydiard https://www.lawonlydiard.com.au/
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In 2021, the High Court of Australia clarified the definition of casual employment by recognising it can be regular, long-term, and predictable. Paul Cott, Principal at Law on Lydiard, discusses what casual employment is exactly and what business owners should keep in mind when employing casuals.
Law on Lydiard
https://www.lawonlydiard.com.au/
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Sometimes, a dismissed employee feels they’ve been unfairly sacked and will take legal action. What happens then? What’s the process? For example, what factors does the Fair Work Commission consider when deciding whether a dismissal is reasonable or not? Paul Cott, Principal at Law on Lydiard discusses some of the main issues of an unfair dismissal matter in action.
Law on Lydiard – https://www.lawonlydiard.com.au/
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Being able to communicate effectively is important when it comes to managing conflict. Someone who understands all about this is lawyer, mediator and conflict coach Anne Marie Cade, founder of the boutique mediation and coaching practice, DivorceRight, which deals with family law matters. Anne Marie knows how important communication is when it comes to negotiation. In this episode, Paul Cott, Principal at Law on Lydiard discusses with Anne Marie, the importance of managing conflict. And she offers some tips on how to manage stress levels, when it comes to having those tough conversations.
DivorceRight – https://www.divorceright.com.au/
Law on Lydiard – https://www.lawonlydiard.com.au/
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Terminating someone’s employment is often difficult and fraught with contention. Perhaps the dismissal is reasonable: the employee is simply not performing, or is repeatedly doing the wrong thing, or harassing other team members. Sometimes, though, it’s not so clear cut. An avenue for a disgruntled dismissed employee is by lodging a claim to the Fair Work Commission. Paul Cott, Principal at Lydiard Law, discusses the ins and outs of unfair dismissal and how the process works.
Law on Lydiard https://www.lawonlydiard.com.au/
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Finally, the country’s starting to open up after nearly two years of on-again-off-again restrictions because of COVID. Well, it’s more open for those who have been double-vaccinated. But what does that mean for employees? Do they have to be double-vaxxed? Can employers mandate their staff be vaccinated? What if staff don’t comply? For answers is Paul Cott, Principal at Lydiard Law, who’s been asked many of these questions of late.
Law on Lydiard https://www.lawonlydiard.com.au/
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What one person might think is bullying behaviour, another person might think the same behaviour is not so significant. So who’s right? Well, as Paul Cott would often say, it all depends. Paul is Principal at Law on Lydiard, and in this episode he looks at workplace bullying and the process if an allegation is made through the Fair Work Commission.
Law on Lydiard
https://www.lawonlydiard.com.au/
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Recently, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 was passed. What happens now if sexual harassment occurs at work? What avenues can a victim pursue if they’ve been sexually harassed? What are the consequences to the perpetrator? There’s a lot to consider, especially for owners of a business. To run us through the ins and outs, is legal expert Paul Cott, Principal at Law on Lydiard.
Law on Lydiard
https://www.lawonlydiard.com.au/
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In a much-anticipated judgement, the High Court of Australia ruled that a long-term employee was a casual employee. The High Court’s ruling of Workpac Pty Ltd versus Mr Rossato, a labour-hire mining truck driver, was contrary to the Full Federal Court. Paul Cott, Principal at Law on Lydiard, discusses the issue and what it means for employers and casuals.
Law on Lydiard
https://www.lawonlydiard.com.au/
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There’s been a lot of interest in the media of late about whether employers have the power to enforce their workers to get vaccinated. Where does the law stand in all this? What are the consequences if an employee refuses? What of those staff who work from home? Paul Cott, Principal at Law on Lydiard, addresses these issues and more.
Law on Lydiard
https://www.lawonlydiard.com.au/
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Wage theft is a term we’ve heard a lot about in recent years, particularly as the media has shone a huge spotlight on well-known brands and celebrity bosses who have “committed” it. But what is it exactly? For the answer – and more – is Paul Cott, Principal at Law on Lydiard.
Law on Lydiard
https://www.lawonlydiard.com.au/
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Franchising is an attractive business structure for many thousands of business owners across Australia. If you’ve ever considered whether franchising is right for you, you need to be aware of the legal issues and documentation specific to it. In this episode, Helen Kay, Managing Director of Rise Legal, discusses the ins and outs of franchising with Paul Cott, Principal at Law on Lydiard.
Rise Legal
https://riselegal.com.au/
Law on Lydiard
https://www.lawonlydiard.com.au/
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Superannuation is something a lot of people set and forget. But it’s important to understand how to make it work for you – so that you can relax comfortably in retirement. Self-managed super fund administrator, Sonia Livitsanos, of MDS Accounting and Financial Services joins Paul Cott, Principal at Law on Lydiard, to discuss the ins and outs of super and what you should consider with your own super funds.
MDS Accounting and Financial Services
http://www.mdsaccounting.net.au/
03 5333 3453
Law on Lydiard: https://www.lawonlydiard.com.au/
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Sometimes, a dismissed employee feels they’ve been unfairly sacked and will take legal action. What happens then? What’s the process? For example, what factors does the Fair Work Commission consider when deciding whether a dismissal is reasonable or not? Paul Cott, Principal at Law on Lydiard discusses some of the main issues of an unfair dismissal matter in action.
Law on Lydiard – https://www.lawonlydiard.com.au/
See omnystudio.com/listener for privacy information.
Have you ever been asked to complete a ‘working with children’ check? Or are you a business or a not-for-profit and require ‘working with children’ checks from your staff or volunteers? What happens if someone refuses to apply for one? What happens if someone applies for a check and it is refused say because of a prior criminal conviction or other issue? Can this be reviewed and a check granted? Lawyer Paul Cott, Principal at Law on Lydiard, provides a clearer understanding around the issue.
Law on Lydiard – https://www.lawonlydiard.com.au/
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Late last year the federal government introduced changes to sections of the Fair Work Act. Part of the changes include redefining casual employment and leave entitlements, which kicked in March this year. If you have casual employees, you’ll need to act quickly to ensure you’re not caught out by the new rules. Paul Cott, Principal at Law on Lydiard, explains what the changes are and what your obligations are as a business owner.
Law on Lydiard – https://www.lawonlydiard.com.au/
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Being able to communicate effectively is important when it comes to managing conflict. Someone who understands all about this is lawyer, mediator and conflict coach Anne Marie Cade, founder of the boutique mediation and coaching practice, DivorceRight, which deals with family law matters. Anne Marie knows how important communication is when it comes to negotiation. In this episode, Paul Cott, Principal at Law on Lydiard discusses with Anne Marie, the importance of managing conflict. And she offers some tips on how to manage stress levels, when it comes to having those tough conversations.
DivorceRight – https://www.divorceright.com.au/
Law on Lydiard – https://www.lawonlydiard.com.au/
See omnystudio.com/listener for privacy information.
Let’s say there’s a dispute between you and someone else. It’s come to the stage where you might consider taking legal action. But, is that really necessary? Are there other ways you can handle a potential legal situation without having to spend time and resources going to court? Yes, indeed, says Paul Cott, Principal at Law on Lydiard, who’s goes through some of the different ways to resolve a legal dispute.
https://www.lawonlydiard.com.au/
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For many of us, even the thought of going to court can be intimidating. The costs involved and the time it can take to go through the whole process, can be prohibitive. An alternative is arbitration: it’s cheaper, it’s quicker, and you and the other party can control the process. This episode, Robert Heath QC, of Castan Chambers joins Paul Cott, Principal at Law on Lydiard, to discuss the advantages of arbitration.
https://www.lawonlydiard.com.au/
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Do you own an apartment or a unit? If so, you’re most likely a member of an owners corporation, which manages the common residential property. It used to be called a body corporate. Some of the biggest areas of legal contention can occur between renters, owners and owners corporations. Paul Cott, Principal at Law on Lydiard, discusses your rights and obligations, whether you’re an owner or a renter, in relation to owners corporations.
https://www.lawonlydiard.com.au/
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Former criminal defence barrister and police informant, Nicola Gobbo, was referred in the media as Lawyer X because her true identity was subject to a suppression order. Paul Cott, Principal at Law on Lydiard, discusses the case and about lawyer ethics in general.
https://www.lawonlydiard.com.au/
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Most people have probably heard of the term, ‘power of attorney’, but don’t fully understand what it is and what it’s used for. Paul Cott, Principal of Law on Lydiard, introduces us to the legal document and who can make a power of attorney.
https://www.lawonlydiard.com.au/
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Employees have a range of minimum entitlements when it comes to what they’re paid and what leave they can take. There are differences between the states, industries and whether employees are full time, part time or casual. Paul Cott, Principal at Law on Lydiard, takes us through these issues and how they might affect employees and employers.
https://www.lawonlydiard.com.au/
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Businesses can sometimes exaggerate or make claims about their products or services that aren’t quite aligned with the truth. An exaggeration is one thing, but an out-and-out lie can result in legal consequences. In this episode, Paul Cott, Principal at Law on Lydiard, shares some of the issues regarding unfair and misleading conduct by businesses.
https://www.lawonlydiard.com.au/
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As if the laws around hiring casuals weren’t complicated enough. Recent changes to the rights of casual employees have added to the complexity. And, it’s well worth business owners understanding what their legal obligations are. Principal at Law on Lydiard, Paul Cott, provides an update to casual employee rights.
https://www.lawonlydiard.com.au/
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Defamation can occur when words or images are published which have a negative impact on the reputation of an individual. What can you do if you’re defamed, and can a company sue for defamation? Paul Cott, Principal at Law on Lydiard answers those questions and more around the issue of defamation.
https://www.lawonlydiard.com.au/
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Because you own a piece of land doesn’t mean you can do whatever you want with it. There may be a covenant, easement or section 173 agreement on your property title, which can restrict you from altering your property. Paul Cott, Principal at Law on Lydiard, explains what they mean and what you can and cannot do if your property title has one.
https://www.lawonlydiard.com.au/
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Since earlier in the year, eligible businesses affected by COVID-related operating restrictions have been able to tap into JobKeeper payments. How have the rates changed, and who now qualifies for the government payments? Paul Cott, Principal at Law on Lydiard, provides an update on the scheme and other issues related to JobKeeper, including standing down employees.
More information
Fair Work Ombudsman: https://www.fairwork.gov.au/
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There are things staff simply shouldn’t be doing at work, things that could get them fired, like sexual harassment, violence, fraud, etc. But what happens if improper behaviour occurs outside of work hours or away from the workplace? Paul Cott, Principal at Law on Lydiard say says it’s not so clear cut: even the courts don’t seem to agree.
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Freedom is one of those pillars – if not the main pillar – we hold dearly in a democratic society like ours. And that includes having the freedom to gain access to information that may be held under lock and key. How do you get access to information from businesses and government agencies? Is there a process? How much does it cost? Do you need a lawyer? Paul Cott, Principal at Law on Lydiard answers those questions and more on this episode of Lydiard Law.
lawonlydiard.com.au
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Having a contract between two or more parties is often a good idea. Among the many advantages, a written agreement forges a connection between the parties and helps create certainty. But, what happens if someone breaches the terms of a contract, and in so doing, damages you in some way. How do you seek compensation, and is the only alternative going to court? This episode, Paul Cott, Principal at Law on Lydiard, provides all the details around damages for contract breaches.
lawonlydiard.com.au
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It's not something we like talking about, and it's certainly not a position we'd want to be in, but bankruptcy can and does happen to thousands of Australians each year. And as COVID-19 has impacted many small businesses this year, we could be seeing a lot more. To discuss the ins and outs of bankruptcy is Paul Cott, Principal at Law on Lydiard.
lawonlydiard.com.au
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If you've bought a product which turns out to be broken or somehow fails to meet a consumer guarantee, Australian consumer law allows you to ask for a repair, replacement or refund, according to the ACCC. Paul Cott Principal at Lydiard Law says it's an area of law which some businesses try to hoodwink shoppers by claiming refunds aren't provided.
lawonlydiard.com.au
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Putting together a will doesn’t have to be so complicated. Having one makes lessens the burden for your loved ones while their dealing with their grief of your passing. In this episode, Paul Cott, Principal at Law on Lydiard, goes through steps of putting together a will.
lawonlydiard.com.au
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Did you know you can claim ownership of someone else's land without paying a cent for it? It's called adverse possession and it's a property law principle under Section 60 of the Transfer of Land Act. Paul Cott, Principal at Law on Lydiard, warns that your own land could be claimed through adverse possession. He explains why that's possible and outlines your options if that were to occur.
lawonlydiard.com.au
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A lot of small business owners nominate their spouse as company director. They might not be required to do much, but that doesn't absolve their responsibilities. Lydiard on Law's Paul Cott explains the potential risks if a director is in breach of his or her duties.
lawonlydiard.com.au
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The federal government – as well as state governments – are trying to soften the economic impact of the coronavirus by providing relief to both employers and employees. One initiative is the JobKeeper payment, designed to keep people employed. Paul Cott, Principal at Law on Lydiard, explains the details of the scheme as well as other matters relating to employment law.
lawonlydiard.com.au
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If you're looking to sell your property, there are certain things you must disclose to potential buyers about your property. And there are legal consequences about withholding that information. Recent changes to what a vendor must now disclose are outlined in Section 32 of the Sale of Land Act. Paul Cott, Principal at Law on Lydiard, explains what vendors must disclose and whether estate agents, too, can be affected by the new laws.
lawonlydiard.com.au
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Understanding the different salary awards is tricky enough – a recent set of changes has made it even trickier for employers to do the right thing and pay their staff correctly without falling foul of the law. , Principal at Law on Lydiard, helps us with some of the details of the new annual salary provisions that have already been introduced.Paul Cott
lawonlydiard.com.au
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Many businesses are being directly hit by the consequences of the COVD-19 pandemic, which has forced them to shut. It's leaving many thousands, if not millions, of people across the country temporarily or even permanently without work. As a business owner, what's your responsibility? , Principal at Law on Lydiard, explains what you can and can't do with your staff if you have to shut your doors.Paul Cott lawonlydiard.com.au
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How often have you heard the phrase 'buyer beware'? When it comes to property, we'd like to know everything's kosher before handing over or investing in vast sums of money. That's where property caveats come in. They're effectively red flags to warn potential buyers of a property that someone else has a claim on it. Principal at Law on Lydiard, Paul Cott, explains how and whether you can lodge a caveat on someone's property. lawonlydiard.com.au
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Sometimes the work of an employee and contractor is not all that different, but the entitlements they receive can be. It's important to understand the difference between the two in a legal sense, because choosing the wrong category could be potentially costly for the business owner. Paul Cott, Principal at Law of Lydiard, discusses the differences and what happens if you get it wrong. lawonlydiard.com.au
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As a property owner the law allows you certain rights over your own property. You're protected against intruders and neighbours' encroaching on your land and the space above it. But, there are also some restrictions to what you can do. , Principal at Law on Lydiard, discusses the details of property ownership rights.Paul Cott lawonlydiard.com.au
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A worker who feels their employer is taking adverse action against them – like an unfair demotion or even dismissal – can lodge a general protections claim, relatively cheaply and easily. , Principal at Law on Lydiard, explain what kinds of adverse actions are covered by general protections and the sorts of outcomes that can occur if an application is successful.Paul Cott lawonlydiard.com.au
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It can be intimidating to go to sit in front of a judge in a court of law. But, did you know if you have a legal dispute with someone, you don't necessarily have to go to court? In fact, there are plenty of alternatives you can take before the costly and stressful road of sitting in front of a judge. Law on Lydiard's Paul Cott discusses the alternatives to a contested hearing. lawonlydiard.com.au
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If you feel you've been unlawfully discriminated at work, what are your options? Paul Cott, Principal at Law on Lydiard, explains what constitutes discrimination in a legal sense, and the situations when discrimination is not considered illegal. He provides some common case examples of discrimination, and the avenues available for resolving issues before and after heading to a court or tribunal. lawonlydiard.com.au
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What happens if a you and your neighbour's fence is broken or has fallen down? Who's responsible? Who has to fix it? How do you agree upon a quote? Who pays? What if you can't agree – what avenue can you take to help resolve the dispute? , Principal of Law on Lydiard, guides us through the legal issues of a fencing dispute.Paul Cott
lawonlydiard.com.au
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Victims of Crime Assistance Tribunal – or VOCAT – was established to help victims of violent crime recover. It provides victims financial assistance for expenses incurred as a direct result of the crime. , Principal at Law on Lydiard, explains the types of crimes it covers, how to make an application and the process after submission.Paul Cott Victims of Crime Assistance Tribunalhttps://www.vocat.vic.gov.au/ http://lawonlydiard.com.au
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How do you handle a redundancy without falling foul of unfair dismissal laws? , Principal at Law on Lydiard, explains the ins and out of laying off staff, and whether you're required to pay redundancy compensation, and, if so, how much.Paul Cott
lawonlydiard.com.au
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As an employer, what are your legal responsibilities around bullying in the workplace? And if you're an employee, what are your legal options if you're bullied at work? Paul Cott, Principal at Law on Lydiard, explains how the law defines bullying and whether anti-bullying laws also apply to volunteers and contractors.
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To protect your business from an employee leaving with trade secrets and relationships with key clients, you might consider a restraint of trade clause in your employment agreements? Paul Cott, Principal at Law on Lydiard, explains what you need to understand to ensure the clause is fair and reasonable. And he answers common questions, like what are your options if an employee breaches a restraint? lawonlydiard.com.au
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If someone owes you money but is unwilling or unable to pay, what legal options do you have? And what is the likelihood of you recovering that debt? Paul Cott, Principal at Law on Lydiard, says your chances of recovering your money depends on whether the debtor is a business or an individual. Paul explains the various scenarios in recovering debt and what can happen if the entity becomes bankrupt insolvent. http://lawonlydiard.com.au
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If you believe your house has been built with defects, what can you do? Confronting the builder directly can help, but it's not always possible. , Principal at Law on Lydiard, takes us through some of the more common scenarios in a domestic building dispute. He outlines some of the options – legal or otherwise – you can take to repair the damage.Paul Cott lawonlydiard.com.au
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Many factors can determine the outcome of somebody challenging a will. For example, is the applicant related to the deceased? If not, then what was the relationship between the challenger and the person who died? If a sibling or other close relation feels she or he has not been fairly treated in the will, are they entitled to a bigger share? Paul Cott, Principal of Law on Lydiard, answers some of the biggest questions around disputed wills. lawonlydiard.com.au
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If you're engaging a contractor to build your house or making an extension, what can and can't you do? For example, can you legally enter the worksite while contractors are working? How do you check if the builder is registered? Paul Cott, Principal of Law on Lydiard answer these questions and more, including what happens if there are variations to the works that weren't agreed and put in writing? And, what warranties is the builder required to give as to the quality of their work? lawonlydiard.com.au
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Sometimes, an employee might object or even lodge a claim of unfair dismissal against the employer. If that ever happens, as a business owner or as an employee dismissed, what can you do? Paul Cott, Principal of Law on Lydiard, says there are conciliatory avenues you can take so both parties can avoid even going to the Fair Work Commission or to a court. http://lawonlydiard.com.au
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For most of us who rarely engage in the legal system, the law can be a confusing beast. Have you ever been curious about some of the more common legal issues? Each fortnight, Paul Cotts, Principal Lawyer with Law on Lydiard, unpacks some of the most challenging issues in relation to law, including wills, building contracts and business & employment law. Lydiard Law with Paul Cott launches on Monday, 5 August 2019. Subscribe today on Apple Podcasts, Spotify, Google Podcasts or wherever you listen to podcasts. http://www.lawonlydiard.com.au/
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