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  • Commercial Litigation
    lecturer s release of the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Office 61 2 9889 2881 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/category/commercial-litigation/ (2014-01-05)
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  • discrimination
    lecturer s release of the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Office 61 2 9889 2881 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/tag/discrimination/ (2014-01-05)
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  • english
    lecturer s release of the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Office 61 2 9889 2881 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/tag/english/ (2014-01-05)
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  • race
    lecturer s release of the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Office 61 2 9889 2881 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/tag/race/ (2014-01-05)
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  • racial
    lecturer s release of the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Office 61 2 9889 2881 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/tag/racial/ (2014-01-05)
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  • student
    lecturer s release of the student s examination results was due to his racially discriminating conduct against the student The reason that he failed an oral and written exam was also due to this discrimination and The lecturer s statement that he should speak English during a private consultation with the lecturer also reflected this discrimination The Tribunal found that the seven month delay was not due to discrimination but due to poor administrative practices of the lecturer The Tribunal pointed to the fact that the lecturer had exercised his discretion to allow the student to sit the exam had given him a pass mark and there was no other evidence to support a finding of racial discrimination The Tribunal found that the reasons for the failure of the student to pass his oral and written exams was the poor performance of the student not discrimination The lecturer gave evidence that he placed great importance on pharmacy students speaking clear English as it was important to the practice of pharmacy in the future for each student The lecturer said that he was frustrated that he could not understand the student as he used incorrect terminology such as referring to atopical dermatitis instead of atopic dermatitis The Tribunal said that this was therefore not less favourable treatment by the lecturer of the student The case highlights the need for quality legal advice as to the prospects of a discrimination claim before it goes as far as the Tribunal If you have a concern about discriminatory conduct of an organisation and or person you should contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Commercial Litigation Tagged With discrimination english race racial student Leave a Comment Office 61 2 9889 2881 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/tag/student/ (2014-01-05)
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  • Deceased Estates: Impact on Unnamed Beneficiaries Relevant
    s estate are relevant in a claim for family provision under the first estate In Estate of the Late Harrigan Cowmey v Whibley Ms Cowmey claimed a greater share of the estate of her late mother Ms Harrigan which had been left in the will primarily to her and Mr George Whibley her de facto partner However Mr George Whibley had died four months later leaving only relatives overseas who would gain part of his estate Mr George Whibley s estate was represented by his son Ian in the family provision proceedings launched by Ms Cowmey Ian claimed that the material and financial circumstances of he his brother and some nieces of Mr George Whibley were relevant to the family provision claim In other words Ian claimed that the share of Ms Harrigan s estate that was to be given to her daughter Ms Cowmey should be determined by having regard to how much should fairly be given to the relatives of Mr Cowmey as a beneficiary of Ms Harrigan s estate Justice Ward held that such evidence was relevant to the family provision claim and should be allowed to be assessed by the Court in making its decision to grant provision to Ms Cowmey Accordingly those who are preparing for their family s estate issues should be wary of the situations of extended family members lest this becomes an issue in their estate For more advice on your estate planning issues do not hesitate to contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Wills Estates Tagged With beneficiaries extended family will Leave a Comment Speak Your Mind Cancel reply Name Email Website Office 61 2 9889 2881 Mobile 61 405 124 975 Office 61 2 8215 1593 Mobile 61

    Original URL path: http://www.kyliemaxwell.com.au/2012/10/08/deceased-estates-impact-on-unnamed-beneficiaries-relevant/ (2014-01-05)
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  • Wills & Estates
    provision claim In other words Ian claimed that the share of Ms Harrigan s estate that was to be given to her daughter Ms Cowmey should be determined by having regard to how much should fairly be given to the relatives of Mr Cowmey as a beneficiary of Ms Harrigan s estate Justice Ward held that such evidence was relevant to the family provision claim and should be allowed to be assessed by the Court in making its decision to grant provision to Ms Cowmey Accordingly those who are preparing for their family s estate issues should be wary of the situations of extended family members lest this becomes an issue in their estate For more advice on your estate planning issues do not hesitate to contact Kylie Maxwell on her mobile phone 61 405 124 975 or send her an email Filed Under Wills Estates Tagged With beneficiaries extended family will Leave a Comment admin June 27 2012 Deceased Estates Evidence Showing Property Improvements and Value Increases Essential Falloon v Madden Madden v Madden demonstrates that in cases concerning deceased estates even couples who are married need to assert evidence of money they have paid to improve property cohabited by them where only one member of the couple owns the property on title The case concerned an estate battle between the second husband of Ms Falloon Bill Madden and the executor of her estate Bill sought declarations that among other things the property in Ms Falloon s sole name at the date of her death was held on a resulting trust for Bill by the executor due to among many reasons the fact that Bill had expended a significant amount in improvements to the house and property over the years before and during the marriage The documents tendered included a letter written in 2012 about improvements completed in 1995 by the builder that had been involved in the improvements backdated It specified that carpets had been laid three bathrooms and a laundry had been renovated wallpaper and painting had been refurbished in several rooms tiling had been done a kitchen had been replaced all to a total of 110 000 00 Some further evidence the case report does not say the type of evidence was tendered that maintenance was later done to the swimming pool some tree lopping was done a retaining wall was replaced alarm monitoring was paid for general repairs were done house painting was done home and contents insurance was paid for all to the tune of just short of 88 000 00 Justice Stevenson of the Supreme Court of New South Wales said that the law in relation to deceased estates required that Bill prove that the matters upon which Bill expended funds resulted in an increase in value of the property He said that some evidence did not affect value such as the evidence as to insurance premiums and alarm monitoring and in the absence of detailed evidence as to what was actually done

    Original URL path: http://www.kyliemaxwell.com.au/category/wills-and-estates/ (2014-01-05)
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