Latest publications
New property laws for a New Year! Real estate agents who underquote are the target
IN BRIEF If you’re a buyer in the market for property, changes to the law could mean a happier new year ahead in 2016. In NSW, on 1 January 2016, the provisions of the Property, Stock and Business Agents Amendment (Underquoting Prohibition) Act 2015, No 31 came into effect. The amendment intends to prevent selling…
Parental gifts who gets them if your marriage breaks down?
IN BRIEF Your parents give you and your spouse some money – say, to buy a house. Then you split up. To what extent will your spouse get the benefit of the gift? When a relationship breaks up, the matrimonial property may need to be divided between the parties. The court will go…
Breaking News: the sun is setting on unfair use of sunset clauses in off-the-plan sales!
In brief The recent amendment to the Conveyancing Act by the NSW Government has shifted the balance in relation to strata developments. For a long time, the perception has been that developers have held all the power in off-the-plan contracts. Daniel Kentwell shares his insights. Terms: “off the plan contract” (for the…
Where there’s a will there’s a relative! Claims against deceased estates
In brief This year marks the 100th anniversary of the commencement of family provision legislation in New South Wales. Despite this, we are continuously surprised by the number of people who come to see us about their estate planning needs and who are not aware that their will may be…
Gearing and Protecting Intellectual Property for the World Market
In brief Trade has been a big focus for the Australian Government in recent months. Newly minted bi-lateral and multi-lateral international trade agreements are in place, which are sure to open up greater export and investment opportunities for Australian companies. However, if you want to participate, can you be sure your…
What in the WADA is going on with the “Essendon 34”?
The Essendon Football Club is still in the news, like it or not. In Sydney this past week, the Court of Arbitration for Sport (CAS) commenced its hearing of the appeal lodged by the World Anti-Dopoing Agency (WADA) against the 34 current and former players of the Essendon Football Club…
When is a contractor not a contractor? Is an ABN enough?
In brief Employment lawyers are constantly being told by their clients: “It’s okay, he/she has an ABN”. Employers often presume, as the worker has the “magical” ATO-related number, the ABN, that somehow all employment obligations are absolved. Recent cases in relation to sham contracting and, generally, claims by employees have demonstrated…
Can you still set off an employee’s salary against Award entitlements? It’s complicated!
In brief In the area of set offs in employment law, a word of warning to cut through some of the complexity. You won’t necessarily achieve the objective of being able to satisfy award obligations, unless you go about it in the correct fashion. We get technical about the mechanism by which…
How about a refresh on a Reverse Takeover?
In Brief Who knows what opportunities are ahead of us for the 2016 year, but being prepared is a very good place to start! How about a Reverse Takeover? What is a reverse takeover? Put simply, a reverse takeover (RTO) is the acquisition of a public company by shareholders in a (usually smaller) private company. An RTO…
Arming David with a shield: unfair contract protections
In brief Small businesses are consumers in their own right. So why shouldn’t they be protected from unfair contracts in the same way that consumers are? Now, new legislation ensures that David won’t face Goliath without a shield. Our modern consumer protection laws ensure that consumers are protected from unfair contract…