Articles

The scope of the unfair contract terms (‘UCT’) regime has recently expanded. Businesses, including small business, are now potentially exposed to substantial penalties for any failure to comply with these regulations. These amendments take effect from 9 November 2023, under the Australian Consumer Law (‘ACL’) and the Australian Securities and Investments Commission Act 2001 (Cth). [...]

Employers who force their employees to work on public holidays with no option to take the day off could find themselves in hot water, thanks to a recent landmark case in the Federal Court of Australia. The Court found that mining giant BHP breached section 114 of the Fair Work Act 2009 (Cth) by forcing […]

Introduction An incorporated limited partnership (“ILP”) is a type of partnership structured around the traditional model with some important differences.   Set out below are the various ILP structures, what they are, the legislation with which they must comply and their use in Australia. Partnerships A partnership is a common business structure that involves two or more persons [...]

A director identification number, or director ID, is a 15-digit unique identifier that a director applies for once and keeps forever. Much like a tax file number, a director ID stays with you – even if you change companies, resign, move overseas, or work across multiple companies. The introduction of this new measure aims to […]

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 [...]

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 [...]

From 1 July 2019 the NSW Government mandated the use of Conveyancing ewhich 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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]