Issue 38 - March 2007

• Keep your personal information safe
• Bankruptcy - a last resort (Part 2 of 2)
• When is summary dismissal justified?
• Life changing experiences for at risk teenage Girls
• The Verdict

Modern technology can create modern problems Keep your personal information safe

We have recently received another warning from the Law Society regarding fraudulent Certificates of Title in real estate transactions. It is a timely reminder that in this age of digital copiers and scanning machines, very sophisticated forgeries are possible and unfortuately, are occuring too regularly.

In fact, you may have seen the recent reports on the current affairs programmes regarding houses being "stolen" for $200. Whilst this may sound like media sensationalism, it is unfortunately true and the same type of technology which is being used to produce counterfeit Certificates of Title is also being used in these types of schemes. The fraudsters usually target home owners who do not have a mortgage (and obtaining this information is easier than you may think). Personal information (or documents) of the home owner are stolen, forgeries are made and these documents, combined with an application fee of only $159, have been used to obtain replacement Certificates of Title. The fraudster then takes the replacement Certificate of Title and sells the property to an innocent purchaser. In these cases, the purchaser is entitled to keep the house and the original owner of the property is left only to make a claim on the fidelity fund to compensate them for the loss of their property. Usually, by the time the deception has been uncovered, the fraudster is long gone.

Whilst the requirements to apply for a replacement Certificate of Title have recently been tightened by Land & Property Information, every property owner should be certain that their personal information, Certificates of Title and important documents are safe, at all times. We do not recommend that these documents be kept in your home. Rather, we suggest that you should deposit them with your bank or lawyer.

If you would like any more information about the security of your title documents, please telephone Rebecca Flynn or email rebecca@wmdlaw.com.au.

Alternatives to bankruptcy Bankruptcy - a last resort (Part 2 of 2)

Continued from our February 2007 newsletter…

There are usually steps that can be taken to improve your position rather than immediately filing a debtor petition and those alternatives should be discussed before committing to the 3 year bankruptcy period in which a bankrupt’s appointed trustee may sell off assets to pay debts and decide how much income will be diverted into additional repayments of debt.

Such alternatives include debt agreements and personal insolvency agreements. For those on relatively low after-tax incomes and with relatively modest levels of debt and assets, a debt agreement may be a less complicated option with the debtor making a deal with their creditors for example to pay off a percentage of the debt or to delay payment with the vote among creditors being supervised by ITSA.

For those on higher incomes or with larger debt and asset levels, a personal insolvency agreement might be possible, although it is more complex and requires the appointment of a trustee to take control of the debtor's property and business affairs.

A major drawback of bankruptcy is the stigma attached to it. The real downside is that bankrupts are prevented from borrowing, from being a director of a company and from engaging in some professional activities. Bankruptcy is intended to give the debtor an opportunity to start again once they have served their time in bankruptcy.

For further information regarding bankruptcy or insolvency issues, please telephone Craig Pryor or email craig@wmdlaw.com.au.

Workplace culture is important When is summary dismissal justified?

In a recent decision, the NSW Industrial Relations Commission required an employer to reinstate an employee who had been fired for repeatedly receiving, accessing and retaining over 350 images of pornography on his workplace computer.

Upon discovering that the employee had accessed and retained soft core and hard core images, the employer summarily dismissed the employee.

In reinstating him the Industrial Relations Commission considered the following factors:

The particular circumstances of the workplace values and culture;
The extent to which the employer sought to institute and enforce any workplace pornography policy;
Treatment of other workplace offenders; and
The employee's employment record, age and re-employment prospects.
The Commission distinguished this case from a previous case involving Queensland Rail where a similar appeal was dismissed. Queensland Rail was shown to have been more diligent in seeking to eliminate access to pornography and had issued numerous warnings that a breach of the policy was an act of serious misconduct that would lead to dismissal.

These decisions emphasise that if employers want to dismiss an employee for the employee’s breach of a workplace policy, then the employer must ensure that:

The policy is known to all employees;
The consequences of breach of a policy are known to all employees; and
The employer is consistent in enforcing the workplace policy.
To merely rely upon a written policy to which no apparent regard is held in practice is not sufficient.

If you have any questions concerning the implementation or enforcement of workplace policies, unfair dismissal laws or any other employment issues, please contact Kevin Dwyer or email kevin@wmdlaw.com.au.

Sister2Sister Program Life changing experiences for at risk teenage girls

Through our association with "Business Women Connect" we have come in contact with the Life Changing Experiences Foundation.

In 2003, the Life Changing Experience Foundation was launched to support underprivileged and disadvantaged young women by giving them the tools necessary to build a happy and fulfilling life, despite the setbacks that life often brings. Sadly, one in 4 teenage girls in Australia are considered 'at risk'. Through circumstances beyond their control, they suffer from trauma of some kind such as a death in the family, physical or sexual abuse, family breakdown or poverty.

Through mentoring initatives such as the Sister2Sister Program, and support from the community, the Foundation assists many teenage girls to break the cycle of suffering and to build self esteem.

You can help by becoming an executive volunteer, applying to volunteer to mentor in the Sister2Sister program, making an in-kind donation or by purchasing tickets to the Life Changing Fundraising Ball, An Arabian Night Experience to be held on 16 June 2007.

For further information please visit www.lifechangingexperiences.org or call 1300 553 629.

Your questions answered The Verdict

We are pleased to include a new section in our newsletter called "The Verdict".

In this section, we will answer your general questions in relation to any area of law. Obviously, we are not able to provide specific legal advice or advice in relation to a current legal matter. If you have a question you would like us to answer, please submit it by email to rebecca@wmdlaw.com.au.

What do I do if I receive a Jury Duty notice?

If you receive a summons for jury duty, you must appear on the date and at the Court specified in the notice. You cannot ignore the summons. If you are not granted an excusal, you will be fined if you do not attend.

You will not automatically be selected as a juror. On the day you attend Court, there is a selection process called "empanelling", where the jury is chosen. In criminal cases there is a jury of 12 people and 4 in civil cases.

What about work? Your employer is obliged by law to release you from your employment for jury duty and it is against the law to terminate you employment as a result of your attendance for jury service. If your employer will not pay you whilst you are on jury duty, you will be paid a daily attendance and travel fee by the court.

Certain people are ineligble for jury service, including people who are unable to read or understand English or people who are unable to discharge their duties as a juror for reasons of sickness, infirmity or disabilty.

There are some circumstances when you can be excused for jury duty, including if you are pregnant, over the age of 70 years, reside with and care for a sick or disabled person, you are engaged in employment for fire, ambulance or other emergency services or work as a doctor, dentist or pharmacist.

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