Lydiard Law

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...

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/   See omnystudio.com/listener f...

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.l...

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....

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 Pau...

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

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

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 &nda...

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...

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, Princip...

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 La...

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...

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 Cot...

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.lawonlydi...

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/ See...

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

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 Lydiar...

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 y...

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 &nda...

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 reviewe...

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 wh...

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...

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 differ...

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...

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 owne...