Articles

Crucial Amendments to the Fair Work Act 2009 (Cth)

The Fair  Work Act 2009 (Cth) (“the Act”) was amended in March 2021 to amend crucial provisions in relation to casual employment. Those amendments require employers to take action before 27 September 2021. The crucial amendments to the Act are: Casual employees are those who are offered and accept a job with no firm advance …

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International Wills

For individuals with overseas assets, it has been necessary to prepare a separate Will in each jurisdiction where assets are held. If this did not occur, there was a risk of uncertainty as to whether their Australian Will would be effective and enforceable overseas. This commonly resulted in greater costs and complexity, both in implementing …

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Conveyancing in the Modern Age

From 1 July 2019, the NSW Government mandated the use of eConveyancing which is the digital completion of conveyancing transactions including transferring property ownership from a seller to a buyer, to streamline the conveyancing process for buyers and sellers; lawyers and conveyancers; and financial institutions. To conduct an eConveyancing transaction, buyers and sellers must use …

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Have you been left out of a Will? …..there is hope

Do you think that you have been treated fairly in a Will? If not, you may be entitled to make a family provision claim under the Succession Act 2006 if you are an ‘eligible person’ A family provision claim is commenced by way of an application to the Supreme Court of New South Wales for …

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Beware registering a Security Interest out of time

Section 588FL of the Corporations Act 2001 is a very powerful section when it comes to businesses registering a security interest under the Personal Property Securities Act 2009 , and in brief, provides as follows: If a secured creditor fails to register its interest on the Personal Property Securities Register (“the PPSR”) on the earlier …

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Borrowing using your Super Fund

You can borrow money through your Super Fund. This is called, a limited recourse borrowing arrangement which is a specific type of borrowing arrangement that allows a Small to Medium Superannuation Fund (“SMSF”) trustee to borrow for investment purposes. To qualify, the borrowing must be established under an arrangement that satisfies the following criteria: The …

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Beware of that Inheritance

If you’re about to receive an inheritance from an estate and you’re on an age pension, your life and your finances may be about to change. The Age Pension Eligibility for a pension and the amount of that pension is measured against your assets and your income. The test that results in the lower pension …

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Defamation and the Online World

The tort of defamation exists to protect an individual’s reputation (or in certain circumstances, a company’s reputation) by restricting the conveying of false information through any written medium, photographs, broadcasts and the internet which are likely to injure the person’s (or company’s) reputation or standing in the community. However, an action for defamation must also …

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Restraints of Trade clause – are they worth the paper

A restraint of trade clause is meant to prevent a valued employee from taking up employment with a competitor or a client following the termination of their employment. Such clauses are common in many employment contracts. However, by operation of section 4 of the Restraints of Trade Act 1976 (NSW), restraints of trade are invalid …

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“Tag” and “Drag” rights

These terms may be a mystery to the inexperienced. Tag-along rights are a contractual obligation used to protect a minority shareholder (usually in a venture capital deal). If a majority shareholder sells their stake, then the minority shareholder has the right to join the transaction and sell their minority stake in the company. Tag-along rights …

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Retaining walls and Dividing Fences

Case study – John and Bill John and Bill are neighbours. There is currently no fence separating John and Bill’s properties. A fencing contractor has told John that a retaining wall needs to be built under the fence to support any dividing fence between the properties. John would like to know if he can ask …

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Bankruptcy – Why me?

In most peoples’ minds, Bankruptcy conjures up images of financial ruin and oblivion. The laws of bankruptcy were not legislated for such a purpose. In fact, those very laws were designed to give those persons who, through choice or compulsion, go bankrupt, an opportunity to “clear the slate” and start over. Whether you like it …

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Defamation and small business in technology driven world

Defamation exists to protect an individual’s reputation (or in certain circumstances, a company’s reputation) by restricting the conveying of false information through any written medium, photographs, broadcasts and the internet which are likely to injure the person’s (or company’s) reputation or standing in the community. However, an action for defamation must also be balanced against …

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Changes to the Home Building Act 1989 – An improvement

Although the changes to the Act came into force on 15 March 2015, few people understand it has been changed and what effect it has on their rights when entering into a residential building contract with a builder. What are the Key Changes? Statutory Warranties: The Act previously required work to be performed “in a …

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Corporate Marriages

Corporate Marriages can work, but when they don’t you need to have a well-prepared Shareholders Agreement, rather than a divorce lawyer. If you are thinking of setting up a company with other people and then using that company to operate a business, it is essential that you have a Shareholders Agreement in place from day …

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A trademark may be your most valuable marketing tool

The public will identify a certain quality and image with goods and services bearing your trademark. If you are thinking about a new product or service and you want to establish an image for it, you should also be thinking about a distinctive trademark under which to market. It is important to note, however, that …

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A Director’s personal liability for Company Debts

More often than not, directors, particularly those operating in Small to Medium Enterprises (“SMEs”), are not aware that they could be personally liable for their company’s tax debts in certain circumstances. This lack of awareness unnecessarily exposes assets outside of their company that are owned by the director personally, including the family home. Historically the …

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Welcome to our new website and our articles section!

After a couple of months of planning, we are delighted to announce the launch of our new website. We hope you like its fresh new look. We’ve designed the website to allow you to find the information you need quickly and easily. We will continue to publish useful information about our work and various legal …

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Joseph Grassi & Associates

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