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Top Deakin Arbitration Questions

Common legal questions answered by Arbitration lawyers.

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Q
How is child custody determined in Australian family law?

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Child custody in Australia is determined based on the best interests of the child, considering factors like the child's needs, the parents' ability to provide care, and any history of family violence.;Courts aim to en...

Q
How are constitutional disputes resolved in Australia?

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Constitutional disputes in Australia are typically resolved by the High Court, which has the authority to interpret and apply the Constitution.;The High Court's decisions on constitutional matters are binding and play...

Q
Can franchisees negotiate terms in the franchise agreement?

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While some terms may be negotiable, franchise agreements often have standard terms that apply to all franchisees.;It's important for franchisees to seek legal advice before signing to understand which terms can be neg...

Q
What protections exist for whistleblowers in Australia?

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Whistleblowers in Australia are protected under the Public Interest Disclosure Act 2013, which safeguards against retaliation.;The law provides mechanisms for whistleblowers to report misconduct and ensures their prot...

Q
What is the role of the ACCC in franchising?

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The ACCC enforces the Franchising Code of Conduct, investigates complaints, and ensures that franchisors and franchisees comply with legal obligations.;It also provides guidance and information to help both parties un...

Q
Can bankruptcy be avoided through debt agreements?

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Debt agreements can be an alternative to bankruptcy, allowing you to pay back a portion of your debts over time.;Entering into a debt agreement requires the approval of your creditors and can avoid the need for bankru...

Q
How are capital gains taxed in Australia?

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Capital gains tax in Australia is calculated based on the profit from the sale of an asset, with discounts available for assets held longer than 12 months.;Individuals must report capital gains in their tax returns, a...

Q
What constitutes negligence in construction?

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Negligence in construction occurs when a builder fails to meet the standard of care required, leading to damage or injury.;This can include failing to adhere to building codes or industry standards.

Q
How can someone report discrimination in Australia?

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To report discrimination, individuals can contact the Human Rights Commission or relevant authorities.;Filing a complaint often involves providing evidence and detailing the discrimination experienced.

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