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 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/See omnystudio.com/listener for privacy information.

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 for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/  See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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 information.

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 information.

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.

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.

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/ See omnystudio.com/listener for privacy information.

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/  See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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 omnystudio.com/listener for privacy information.

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 information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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.com/listener for privacy information.

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 omnystudio.com/listener for privacy information.

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 for privacy information.

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.com/listener for privacy information.

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/ See omnystudio.com/listener for privacy information.

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 information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 privacy information.

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 privacy information.

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

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

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   See omnystudio.com/listener for privacy information.

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/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.