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Do you know about redundancy and consent orders? NSW. In the…

Do you know about...

Do you know about redundancy and consent orders?

Lawyer's Assistant: What state/territory is this in? It matters because laws vary by location.

NSW

Lawyer's Assistant: What steps have been taken so far?

In the last 12 months I have been negotiating a financial settlement with my ex-wife. We have sent Consent Orders to the Family Court, and I am waiting for the court to process them. The hearing day has been set down for 23 March. The negotiated settlement was roughly 50/50.My question is about how a future redundancy will be treated. I have not been offered one yet, but Ausgrid has been going through massive downsizing in the last few years and like everyone here, I have the possibility of getting a voluntary redundancy. I would like to know if she can make a claim on the redundancy either now, or after our settlement occurs which will be 42 days after the consent orders have been issued by the court?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that chunk of text is my question I need answered.

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Answered in 5 minutes by:
3/17/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,515
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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if your ex knows about the potential of the redundancy, she will be able to make a claim

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if she does not know that there is a potential redundancy, she cannot make a claim.

have you told her about this potential redundancy yet ?

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Customer reply replied 5 months ago
No I have not told her I can get one, but she knows the company is going through massive downsizing.
How would she make a claim? Would she need spend tens of $thousands taking it to court? And do we then renegotiate the terms of the original consent order, because I think I made a few concessions in the original order.

based on this comment, you may be able to avoid any claim to this situation

as there us no guarantee you will get it

have I answered your important question today

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Customer reply replied 5 months ago
but does she need to take me to court to make a claim?

yes she will ,

but once consent orders are in place it would not be economical for her to do that.

based on what you have explained you will be ok and no claim will be brought.

did I answer your question today ?

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Customer reply replied 5 months ago
OK, that is good. Sorry, just one last one. Do I need to wait 42 days for the property settlement, or can I do it after the sealed orders have been issued by the court?

once the orders by the court and chopped, you are ok to negotiate your redundancy settlement with the employer

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 5 months ago
That sounds fantastic. I have to apply for a redundancy, so I technically don't have an offer yet. OK, thank you. You have answered the questions I had today. Bye.

you are most welcome

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,515
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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