Lydiard Law

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.co...

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/ See omnyst...

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/   See omnystudio.com/listener...

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.c...

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 Ombu...

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. See omnystudio.com/listener for privacy...

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 L...

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...

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 See omnystudio.com/listener for...

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 See omnystudio.com/listener for...

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 See omnystudio.com/listener for privacy information.

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. lawonly...

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 See omnystudio.com/listener for privacy information.

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.co...

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,...

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 See omnystudio.com/liste...

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. P...

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 c...

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...

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 See omnystudio.com/listener for privacy information...

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 See...

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...