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We were lucky to see a beautiful Spring day on Sunday, 17 September 2017, which had the CMC Team volunteering at the Step Up! For Down Syndrome charity walk in Picton Botanic Gardens. Our volunteers, together with participants of the charity walk, partook in various novelty events conducted by the event organisers and plenty of balloons, popcorn and other goodies were handed out on the day. There were many excellent prizes on offer in their fundraising raffles, and one of the members of the CMC Team, Leanne, won herself a painting by a local artist worth $2,000!

Caldwell Martin Cox is a proud supporter of the Right Start Foundation, which is a foundation whose core objective is to assist families and their children with Down Syndrome to “get the right start in life” through financial assistance and business partnerships - to receive all the therapies and support they need to reach their potential.

 

Posted by on in Latest News

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It is not uncommon for people to separate during an engagement period before they get married. It then begs the question, who keeps the engagement ring? Does the recipient have to return it to the donor?

Whilst you cannot sue a former fiancé for Breach of Promise in Australia anymore, you may be able to hold onto the engagement ring. In appropriate circumstances, an engagement ring can be deemed a conditional gift, conditional upon the marriage actually taking place. If the donor of the ring is the party who cancels the engagement without legal justification, then the recipient of the ring can be entitled to keep the ring. However, if the recipient of the ring calls off the engagement without legal justification, then the donor may be entitled to ask for the return of the ring. The same can be said for other gifts.

Having said that, remember that if you are in a de facto relationship during your engagement period, then someone may bring a claim for property settlement via the Family Court and any ring may be dealt with in this settlement. Often, especially with more expensive rings, it becomes part of the asset pool available for distribution between the parties and is given an agreed value or a valuation is obtained.

Franchisors as well as employers may now be liable for significantly increased penalties for exploitation of vulnerable workers

The Federal Government passed legislation this week which has significantly increased penalties for breaches of the minimum wage entitlements under the Fair Work Act. As an example, financial penalties for serious contraventions are now as much as $630,000 for a corporation and $126,000 for an individual, while the maximum penalties for record keeping and pay slip breaches will be $63,000 for a corporation and $12,600 for an individual, for each contravention.

The Act also now makes certain franchisors and holding companies responsible for underpayments by their franchisees or subsidiaries if it can be shown that they either knew, or reasonably ought to have known, about the contraventions and failed to take reasonable steps to prevent them. Further, employers who do not meet record keeping or pay slip obligations will need to show a reasonable excuse to be able to disprove wage claims in Court.

These penalties will significantly change the way these matters are prosecuted, primarily by the Fair Work Ombudsman. It is vital that employers, and particularly franchisors, review their operation and procedures, to ensure that they do not become liable for these significantly enhanced penalties.

We have significant experience in advising on employment law. If you require any further information, please contact Geoff Lloyd at our Camden office on 02 4651 4800.

An annual music festival held in the Camden area has recently received a lot of attention at Picton Local Court due to a large number of people being charged with driving from the Festival with certain drugs present in their blood.

The much criticised offence of 'Drive With Illicit Drug Present in Blood' is becoming more common in our Local Courts despite the fact that the driver of the vehicle does not need to be affected by a drug. The driver only needs to have the drug present in their blood, even in small amounts, which can still occur days after the drugs were consumed.

We have also had cases of a driver being charged with this offence and then, the same driver being pulled in at the same place by the same Police officer the next day, only to be charged again.

This offence carries an automatic period of licence disqualification and as most Police vehicles are now equipped to test drivers for certain drugs such as speed, marijuana and ecstasy, we caution any users of these substances to consider their need for a licence before taking them.

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