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——2022-05-10——
Catherine 5-10 08:50:57pm
Can I ask some legal advice?
I am coordinating some simple company letterbox drop jobs. Someone recommended two teenagers who might help. I called and realised that they are only 14 and 12 years. They really wanted the job and the 14 years old said he has a TFN and can work legally ( I don’t think he has an ABN).
I have concerns if I can hire him 2-3 hours per week. The job is simple: basically walking around their neighbourhood dropping flyers, but I do have concerns about the road safety or stranger danger. I am reluctant to hire him due to the age. However, I don’t want to hurt his feelings.
From a legal perspective, can a company hire a 14 years old to do such work? Thanks heaps
王刚律师0430999888 5-10 10:07:06pm
Industrial Relations (Child Employment) Act 2006 No 96
@Catherine The minimum age to start casual or part-time work varies in the eight jurisdictions in Australia. In NSW there is no minimum age restriction in relation to work, however, the employer must comply with the minimum conditions of employment for children as enunciated at section 4 of Industrial Relations (Child Employment) Act 2006 No 96 [NSW] attached for your reference.
——2022-05-24——
Wan Lee 5-24 08:46am
Good morning all. My case is in SA. I noticed the respondent’s lawyer had lie in his affidavit. And I want to charge him with perjury. Do I have to do it via police, or I can apply to the magistrate during interlocutory hearing?
Ps. I already got defaults judgement and the insurance company just trying to overturn it at the moment.
王刚律师0430999888 5-24 11:23pm
@李运宝 Wan LEE Mr Lee, you can lay a criminal charge against a person. The process is known as private prosecution. Notwithstanding you have standing to execute the private prosecution, you are advised to seek public prosecution first to evade your legal costs.
Rarely was a private prosecution adopted unless necessary. We once filed a private prosecution against a person in Brisbane along with the client’s family law property division matter where the Judge said that in his whole legal career as a judge he only came across private prosecution twice. Further the police may take over your private prosecution case at any time if the prosecutor thinks it is the public interest to do so.
You must prove your case beyond reasonable doubt that the lawyer committed perjury. An incorrect information in the court may not constitute perjury in that the lawyer may argue that he had no mens rea to lie.
—–2022-05-25——
Wan Lee 5-25 06:59am
Thanks @王刚律师 0430999888 for your time and sharing your knowledge & experience. I learn something new again!
—–2022-05-26——
Frank 5-26 03:48pm
Hello! Could someone please tell me when a freehold interest in real property starts? It would be great if I can also have reference to the relevant law.
Frank 5-26 04:53pm
What I mean is whether it starts at the time the contact is signed, or the property is settled.
王刚律师0430999888 5-26 08:49pm
@Frank After a contract for sale of land is exchanged between a purchaser and a seller, the purchaser would have an equitable interest in the land and the seller has the right to receive a payment. It is a common law principle known as equitable conversion where the purchaser has no legal title, the freehold interest until the purchase is completed.
If you, as a purchaser, intend to assign a right, such as a lease, or make a promise, to a third party before your purchase is completed, the Conveyancing Act 1919 (NSW) s50 and Real Property Act 1900 (NSW) s53 (4) may assist you in that regard.
Frank 5-27 7:53am
@王刚律师 0430999888 Thank you for your answer. The legislation (including the EM) I am looking at does not specify whether it’s referring to equitable right or legal title. As a result, there are different interpretations.
