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- Adverse Action Claim
- Adverse Action Claim Dismissed
- Anti-Bullying Order Dismissed
- Breaching the Work Health and Safety Act
- Bully Manager Banned From Workplace
- Bullying and Harassment
- Bullying Appeal Win for Employee
- Company Directors Personally Liable for Breaches of the Fair Work Act
- Consultation – Essential for a ‘Genuine Redundancy’
- Defending Sexual Harassment Claim
- Difference between a volunteer and an employee
- Disciplining Employees
- Discrimination in the Workplace
- Dismissal of Employees Whilst on Leave
- Employee Dismissed For Social Media Post?
- Employee Fined for Failing to Give Notice
- Employer’s Investigations into sexual harassment
- Employers warned to avoid adverse action
- Employment Law – New Employer Liable in Confidential Information Case
- Employment Law – Ambiguous Enterprise Agreement Win
- Employment Law – Contractor Ordered to Return Files
- Employment Law – Dismissal for pornographic emails
- Employment Law – Dismissal of employee for pornographic emails
- Employment Law – Dismissal of Injured Worker Not Discriminatory
- Employment Law – Drug and Alcohol Testing
- Employment Law – Drug Testing
- Employment Law – Ex-Director Restrained by Intellectual Property
- Employment Law – Former Manager Ordered to Hand Over Electronic Files
- Employment Law – Loss of Mutual Trust Causes Resignation
- Employment Law – Medical Certificates
- Employment Law – Out-of-Hours Misconduct Dismissal Too Harsh
- Employment Law – Payroll Company Liable for Client’s Award Breach
- Employment Law – Protecting Company Connections
- Employment Law – Rates for Owner-Drivers
- Employment Law – Recommendations for Employment Entitlements
- Employment Law – Redundancy and Job Swaps
- Employment Law – Unenforceable Restraints
- Employment Law – Workplace Investigation Documents
- Employment Law: Compensation for Unfairly Sacked Truckie
- Fair Work Commission – Employee not Subcontractor
- Fair Work Commission – Employer Restrained
- Fair Work Commission – Stop Bullying Order Rejected
- Fair Work Commission: High Earner Can Pursue an Unfair Dismissal Claim
- Fair Work Commission: Re-Determination of Safety Dismissal
- For Employers: Acting on Allegations of Employee Misconduct
- Gender Segregation And its Impact on Women’s Equality
- Guidelines for employers on floods, fire, cyclones and other emergencies
- HR Manager and Director Liable for Sham Contracting
- Investigation Procedural Deficiencies
- Know What Bullying Is
- Misuse of Confidential Information – Evidence Relied Upon After The Fact
- New Work Health and Safety Laws
- Penalty Rates Decision
- Policies to Protect Employers
- Pregnant Employee Unfairly Dismissed
- Psychiatric & Psychological Injury
- Restraint injunction granted against law firm partners
- Returning to Work After Childbirth
- Secret recording of an employee
- Sexually Harassed at Work
- Unfair Dismissal and Mental Illness
- Unfair Dismissal Eligibility Affected by High Income Threshold
- Workload too Onerous?
- Workplace Bullying
- Workplace Law – Redundancies Not Genuine
- Workplace Law – Record-Keeping Warning
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- Separation and Divorce:
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Posts by category
- Category: Community News
- Category: Debt Collection
- Company Records? I could tell you, but I would have to go to gaol… ?
- Creditor’s statutory demand issued pending negotiations is upheld
- Not opening your emails? That is not an excuse to avoid valid service!
- Preventing a Service Fail – A Tale of Email v. Snail Mail?
- How to Enforce a Judgment in Debt Recovery – Garnishee Orders
- No Special Treatment for Lawyers – Debt Recovery for ‘Fools’
- One year bankruptcy – debt collection is about to get even harder!
- The Clock is Ticking….
- Paper, who needs paper?
- Can you serve legal documents by Facebook?
- Serving debtors who don’t want to be found
- Debt Recovery from a Company that has ‘Ceased to Be’…
- Proposed Changes to Credit Reporting Before Senate: Will it impact debt recovery?
- How to serve a statutory demand
- When is an old debt too old to collect?
- Credit Repair Schemes – A Magic Wand?
- Garnishee Orders – 5 things to know.
- Category: Debt Collectors
- Category: Debt Recovery
- DEBTOR’S PETITION OVERHAUL – JANUARY 2020
- Securing Property Interests on the PPSR is now mainstream
- Can I transfer the business of my insolvent Company without conducting “illegal phoenix activity”?
- When does an employee of a company become an “officer”?
- In a Daze about Days – counting the time limit for filing an Application to set aside a Creditor’s Statutory Demand
- Three reasons why your debt collection efforts should not end when your debtor goes bankrupt
- Is Payment of the Debt Guaranteed? The Answer Is Not Always Straightforward…
- Double Whammy! When cost orders become a further debt
- I only have the business name of the debtor, can I still sue them?
- Collecting debts is a legislative minefield
- When its better to get something than nothing, the use of Payment Arrangements in recovering your debt.
- Calderbank Offers – What You Need to Know
- “Agreement in principle” – is it binding?
- DEBT COLLECTION BY THE MERE FACT …
- CREDITORS AND THE INSOLVENCY LAW REFORM ACT 2016
- Signing on the dotted line: making sure you bind your customer to a contract.
- Guaranteed Win?
- Collecting Money: Which Court?
- Recovering money from the right debtor
- When is a letter Delivered?
- DEBT RECOVERY – BANKRUPTCY ENFORCEMENT
- DEBT RECOVERY – ENFORCEMENT BY WINDING UP
- Serve by Post at your Peril!
- Garnishee Orders for Debt Recovery
- Opposing an Instalment Order – When is it Worth the Trouble?
- Get your Bankruptcies – 66% off!!
- Category: News & Publications
- New Announcement on Superannuation and Leave Loading
- What every employer MUST know for 1 July 2019
- Director Duties and Liabilities
- Immediate review of discretionary trust deeds required in light of NSW duty and land tax changes
- Category: Commercial Law
- Social Media – Be On High Alert As To The Risks!
- Excessive Surcharge Laws – Beware!
- Automatic Rollover Clauses – What Are Your Rights?
- Australian Consumer Law – Record breaking fines
- Corporations Act – Tougher maximum penalties & the ‘why not litigate’ mantra of ASIC
- Reminder – The Whistleblower Policy Deadline is 1 Jan 2020
- Beware of Personal Guarantees
- New Australian Consumer Law Warranty Requirements
- Workplace Update: New Whistleblower Laws
- Fines and Prison – Tougher Personal & Company Penalties
- Franchising – Is It For Me?
- New Laws to Punish ‘Shady’ Employers
- New laws to limit non-disclosure agreements in consumer disputes
- Are your Contracts Properly Signed?
- Restrictions on Your Right to Terminate a Commercial Contract
- On the Horizon – Equal Pay for Female Employees
- Casual Employees Conversion to Permanent Employment
- Relaxation of Strict Procedural Requirements for Enterprise Agreement Approval
- Family and Domestic Violence Leave now part of the Fair Work Act
- Privacy Act Reminder – Mandatory Data Breach Notifications and Penalties
- Coming Soon – Director Identification Numbers … Directors Beware
- Personal Liability and Increased Penalties – Australian Consumer Law
- Personal and Company Penalties – Breaches of Competition and Consumer Laws
- Protections for Employers against ‘Double Dipping’
- Tougher Penalties under the Australian Consumer Law
- Directors: Beware of relying on the advice of others!
- Employer Wins Request for Legal Representation
- NEW! Consumer Guarantee Directions for 1 January 2019
- Personal Leave – Have You Calculated It Correctly?
- Warning! Casual Employee Entitled to Annual Leave
- It will soon be time to give your Personal Property Securities Registrations a “Spring Clean”
- Bullying and Harassment Claims High in Local Government
- Director Record Keeping Duties
- FWC Reduces Redundancy Payout to Zero
- Federal Government Announces Replacement Fair Work Ombudsman
- Australian Government launches examination into Workplace Sexual Harrassment
- What every employer MUST know for 1 July 2018
- Record Keeping for a SMSF
- Do you know what PPSR interests affect your business?
- Business Succession Planning
- Commercial Law – Tips for Small Business
- The Importance of Record Keeping
- Commercial Law – Taxing Times for foreign owners
- Commercial Law – Selling Your Business? Beware the Warranty
- Commercial Law – Selling your business? Consider the PPSR
- Implications – SMSF Record Keeping (or lack thereof)
- Record Keeping (or lack thereof) for SMSFs
- Finally the Personal Property Securities Register is making its mark
- Duty to Mitigate Damages for Purchaser’s Default
- The new Franchise Code of Conduct will come into effect 1 January 2015
- Calling upon a bank guarantee – not as simple as you think
- Having trouble understanding the PPSA?
- Review of the Personal Property Securities Act (PPSA)
- Do you have a SMSF?
- ASIC and misleading advertising
- Thinking about purchasing a franchise? Ask a commercial lawyer for advice
- Delegating authority
- Guidelines for banks when lending to SMSFs
- Proposed increases to penalties for offences under the Contaminated Land Management Act
- What Lender’s must tell you when borrowing through your SMSF
- Failing to register security interests on the PPSR
- Privacy Law Update: A $1.7 Million Obligation
- Seeking Damages for Unauthorised Use of a Trade Mark
- Is your Self Managed Superannuation Fund compliant?
- Recent Federal Court decision spells disaster for bankrupt and his non-compliant self managed superannuation fund
- Priority of Personal Property Securities Register
- Coup for Matthews Folbigg Lawyers – National Law Firm Partner Joins The Firm
- English High Court takes a Break in Kit Kat dispute
- Intellectual Property and the Personal Property Securities Register (PPSR)
- Does your business supply on credit?
- Terms of Trade – Does my business need them?
- ASIC issues infringement notices for false advertising
- Loaning money? Don’t rely on a handshake – you need a Loan Agreement
- High Court upholds finding of misleading advertising in back and forth stoush between TPG and ACCC
- Shareholder Disputes – Recent Case
- Why are written business agreements important?
- Getting what you’re worth: Quantum Meruit
- Deceptively similar trade marks – how close is too close?
- Segboer & Anor v A J Richardson Properties Pty Limited & Anor [2012] NSWCA 253
- Directors may be held personally liable for infringement of trade marks or copyright
- Director’s Duties and Corporate Governance
- obtain advice on your asset ownership options
- Liability for directors under new legislation
- NEW Swimming Pool Requirements: Staying Afloat
- What is a de facto director? Can they be held liable as a director?
- Planning for the future of your business – you should consider a buy sell agreement
- Due Dilligence
- Category: Family Law
- False Allegations of Child Sexual Abuse – What Can Go Wrong in Child Custody
- Separation Lawyer Advice – Can your ex take your super?
- Divorce Lawyer Advice – I Want a Divorce – Married Less than Two Years
- ‘I Want a Divorce’ – Divorce Lawyer Advice
- Divorce Lawyer advice on dealing with different contributions in a property settlement agreement
- Divorce lawyer advice about property settlements
- Divorce Advice when Children are Involved
- Unhappy with your current Parenting Arrangement? How to Change your Family Court Orders
- The Basics of a Divorce
- Divorce Lawyer in Focus: Andrew Banna
- Not a Parent of the Child? What you need to do to Challenge Your Child Support Assessment
- Can You DIY Your Prenup?
- Superannuation in family law matters
- Child Custody Laws and Independent Children’s Lawyers
- What Do Child Custody Laws Say If Your Child Doesn’t Want To See the Other Parent?
- Divorce Lawyer Advice for when you can’t locate your ex-partner to serve divorce papers
- Why a divorce lawyer considers arrangements for children when completing your divorce application
- How a Divorce Lawyer can assist when you have been married for less than two years but seek a divorce
- Divorce Lawyer Explains Resumption of Cohabitation
- Reaching a Property Settlement Agreement through Family Law Arbitration
- Collectables and your property settlement agreement
- Child Birth Maintenance: Covering the Cost of Having Your Child
- Family Violence And Decisions About Children
- Property Settlement Agreement – Can the Court Split Employment Bonuses?
- Mediation and Your Family Law Dispute
- Judicial Mediation: A New Option To Resolve Your Dispute
- Domestic Violence and Family Law
- Child Support Lawyers can help to challenge your assessment
- Family Law, Creditors and other third parties
- 5 Essential Skills of a Family Mediator
- Who Can Access My Family Court Records?
- Quick Questions Answered: Property Settlement Agreement
- How the Court deals with a significant financial contribution where the property value soared after rezoning
- Family Violence and Your Property Settlement Agreement
- I Didn’t Know – How You Can Get Out of A Property Settlement Agreement
- Domestic Violence Lawyer
- Property Settlement Agreement
- The Changing Stigma Associated with Signing a Prenuptial Agreement
- Divorce Lawyer Parramatta Explains the Requirements for a Binding Prenuptial Agreement
- Family Law Lawyers and Mediation
- Separation Lawyer Advice for Parenting after Divorce
- Wedding bells and preparations may be underway, but do you know the law if things don’t work out the way you planned? A Marriage Lawyer Can help
- Child Support Lawyers Advice – Changing Child Support Agreements
- Divorce Lawyers
- Binding Financial Agreements
- Child Custody
- Social Media Advice from a Separation Lawyer – The Do’s and the Don’ts
- Child Custody Laws and Child Custody Rights – Where do I start?
- Property Settlement Agreement
- Child Support Lawyers Advice to Separating Parents
- Do’s and Don’ts from a Separation Lawyer – Receiving Court Documents from your Former Partner
- How can a Marriage Lawyer Help?
- Domestic Violence
- Speaking to a Divorce Lawyer about Treatment of Assets after Separation
- Child Custody & Child Custody Laws
- Divorce Lawyer
- Child Support Lawyers
- Prenuptial Agreement
- Divorce Lawyer Parramatta
- Benefits of Consulting with a Marriage Lawyer
- What a Separation Lawyer Can Do For You
- Why you need to speak to a family law lawyer when thinking about a Prenuptial Agreement
- Domestic Violence and Family Law Lawyers
- Why you should speak to family law lawyers about travelling overseas with children after separation
- Why you should check with a separation lawyer about enforcing a property order against you ex’s superannuation
- Why should you speak to a separation lawyer about who keeps the engagement ring?
- The Sydney Property Market – How Family Law Lawyers deal with this?
- Prenuptial Agreement upheld on Appeal – De Facto Relationship with one woman while married to another
- Superannuation and Family Law Lawyers
- Who keeps the family dog? How a separation lawyer can help determine pet ownership
- Child Support Lawyers advice for Children over 18
- Double Trouble – Lesson to a Solicitor
- The Role of Child Support Lawyers
- Divorce Lawyer advice on the Impact of Divorce on Retirement
- Prenuptial Agreement
- Reaching parenting agreements with family law lawyers out of court
- Separation Lawyer and Property Orders
- Who do the laws concerning de facto relationships apply to?
- Considerations accounted for in property settlement disputes
- What is a Family Law Watchlist?
- How our family law lawyers can get the best outcome for you
- Child Custody Laws – How to place your child on the Family Law Watchlist
- Property Settlement Agreement – Courts Considerations
- Advice on child custody laws for situations of parental abduction
- Child Custody Laws – Recovering your child from parental abduction
- Child custody laws and parental abduction
- Child Custody Laws – Parental Abduction
- Child Custody Rights and the Growing Trend of ‘Parental Abduction’
- Divorces and Property Settlement Agreement
- Penalties associated with failing to comply with parenting order
- Applying for divorce? A divorce lawyer can help!
- De Facto Relationships and Property Settlement
- Divorce Lawyer Help: My partner gambled away our mortgage repayments
- Post-separation Parenting in the Digital Age
- Child custody rights when complying with Parenting Orders
- The dangers of the self-litigant accused of domestic violence in custody law
- The impact of domestic violence on custody advice
- Property Settlement Agreement – What Exactly Counts as Property?
- How to divide assets and debts in a property settlement agreement
- Children Support Services
- Property Settlements for De Facto Relationships
- Divorce Advice for Men
- Child Custody Laws – Recovery of Children
- Divorce Advice for Women
- Property Settlement Agreement in De Facto or Close Personal Relationship Breakup
- Child Custody Laws – Parenting Arrangements
- Marriage Breakup Advice – Spousal Maintenance
- Child Custody Laws: Parenting Plans and Parenting Orders
- I Want a Divorce
- I Want a Divorce – Married Less than Two Years
- Separation Lawyer on Separation Versus Divorce
- Divorce Property Settlements
- Divorce Lawyer Advice on Parenting Arrangements
- Divorce Lawyer Gives Ten Tips When You are Getting a Divorce
- Unequal Financial Contributions – Divorce Lawyer Advice
- Leaving relationships of abuse knowing your rights
- Child Custody Laws Urge Parents to be Realistic in Their Parenting Orders
- Making child custody ‘lives with’ and ‘spends time with’ arrangements for their children after separation
- Child custody arrangements after marriage breakdown without needing a judge
- Child Custody Arrangements When Communication Between Parents Breaks Down
- Parenting After Divorce – Child Custody Issues
- Effect of Discharge of Bankruptcy and Child Support Debt
- Third Party Debtors in Family Law
- Family trusts upon breakdown of a marriage
- Can My Ex Take the Kids Overseas?
- Grandparents and Child Custody Applications
- Can I Move With My Kids?
- Can I get full child custody?
- What is Parental Responsibility?
- Family Court Can Make Property Orders Even Before Parties Separate
- Family Law Act Changes to Property Settlement Agreement
- Category: Immigration
- Category: Insolvency, Restructuring & Debt Recovery
- Debt Recovery: Who Do I Sue?
- When Should I Send A Letter of Demand?
- One Year Bankruptcies – Dead in the Water?
- Subpoena or Notice to Produce – how to get the documents you need!
- “Spooked” investors is not reason enough to change the ASIC register (even in the Halloween season)
- I Object!: The Importance of Strict Compliance with the Notice of Objection Regime
- Debt Collection – How not to
- Choose your words carefully – the consequences of non-payment of debts
- Special Leave Granted on Amerind Decision
- How does a trustee in bankruptcy sell jointly owned property?
- “New fees for the Personal Property Securities Register (PPSR) to commence 1 August
- “Holding” Deed of Company Arrangement found to be valid by High Court
- PRIORITY PAID?
- DEBT COLLECTION IN A SAFE HARBOUR
- AFSA Offence Referral Update
- CREDITORS AND THE INSOLVENCY LAW REFORM ACT 2016
- A matter of some interest…
- Fresh evidence – how fresh is fresh enough?
- Interstate Judgment Registration
- Out of Time (“Missed it, …. by THAT much”)!
- PPS registration not considered an “encumbrance” in a sale agreement.
- The Costs of a Telephone Call Continue to Rise….
- Securing Victory against Liquidators, Preferably
- THE DEBT RECOVERY PROCESS
- You’ve got mail! Requirements for Postal Service
- CGT Withholding Payments: How will they impact insolvency practitioners transferring property?
- Establishing Insolvency – Not a Foregone Conclusion
- You’ve been served!
- Decision Time
- The Constructive Result you Can Trust?
- Designated for Assignment
- Sign of the Times – What has your customer signed?
- The Bankruptcy Loophole
- Relation-back days for voidable transactions – the insolvency law reform amendments
- Disproportionately proportionate – the Sakr remuneration decision overturned
- International network of judges create Cross-Border Insolvency Guidelines
- Distribution by Direction
- Getting money out of straw
- THERE’S MANY A SLIP ‘TWIXT THE CUP AND LIP
- Fighting Fund Frustrated
- New Costs Procedure in the Federal Court – Important Changes for Insolvency Practitioners
- Special Delivery
- Payment claims, reference dates and adjudication determinations – the High Court in Southern Han Breakfast Point (In Liq) v Lewence Construction
- Supreme Court of NSW launches an Online Court
- Wrong name right party – the High Court’s decision in Simic
- When is a PPS registration effective?
- The Administrative Appeals Tribunal and the Bankruptcy Act – How far does its jurisdiction extend?
- It’s personal – Bankruptcy and Life Insurance
- Insolvency set-off trumps building and construction security of payments regime
- The Dog ate my Act
- What’s in a Name?
- Section 30 of the Bankruptcy Act
- Who examines the Examiner?
- Federal Court grants extension of limitation period for voidable transaction claims
- It Serves You Right?
- Federal Court appoints provisional liquidators to Uglii Corporation Limited
- Creditor’s statutory demand not set aside on basis of funds being applied by creditor towards a different debt following issuing of demand
- Paying building and construction industry adjudication determination amounts to potentially insolvent companies
- Proceedings against director in respect of guarantee of company debt not prevented when proceedings commenced prior to administration
- US bankruptcy recognised in Australia
- Liquidator Ordered to Personally Pay Costs
- Appointing a voluntary administrator: a recent case reminds us of the basic principles
- Legal Costs: Clients Need to be Proactive
- Finding a debt collection service that is right for your business (Part Two)
- Finding a debt collection service that is right for your business (Part One)
- IT’S OKAY TO SAY NO
- Bankrupt – Fight or Flight?
- ASIC’s supervision of registered liquidators
- Do you Trust me?
- A Nation of Failures?
- Indemnity costs
- Insolvency Practitioners to the Rescue when all hope is gone!
- What is a PPS Lease?
- Liquidators and Trustees beware when dealing with proofs of debt from payday lenders
- Amendments to the Bankruptcy Regulations
- PPSA: Court extends time to register a security interest
- Personal Property Securities Act 2009 (Cth) – One year after inception of the PPSR
- Title under the PPSA – always the bridesmaid
- The importance of identifying securities registered on the PPSR
- Requirement to file a Genuine Steps Statement
- Category: Litigation & Dispute Resolution
- Category: Local Government
- Social Media Liability: Are you liable for comments made on your Facebook page?
- Interlocutory Injunction at the Land and Environment Court
- The Importance of Grampian conditions
- Clarification on the Meaning of “Land” in Section 57 of the Heritage Act
- Recent amendments made to the Local Government Act 1993 No 30
- No ‘Character of the Local Area’ in diverse neighbourhoods
- Case Note: Port Macquarie-Hastings Council v Mansfield
- New Land and Environment Court Class 3 Compensation Claims Practice Note
- Potential Changes to NSW Aboriginal Planning Rules through the Aboriginal Land SEPP
- Removal of Shrubs to Prevent Consents from Lapsing
- Beyond the Usual Argy Bargy – How Repeated Amendments to Class 1 Appeal Application Can Lead to General Costs Order
- Torrens Title Lot – What defines ‘land’?
- Changes to Short–Terms Rental Accommodations – Is the Holiday Over?
- Compulsory changes to NSW Parking Fines – 10 Minute Grace Period
- 3 Tree-Lessons from the Land & Environment Court
- Section 34 Conciliation Conferences – Requirement for Reasons
- Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018
- Inland Code: Simplifying development approval in Regional Code
- Is the need for a neutral or better outcome a requirement for success with respect to clause 4.6?
- Deferred Commencement Consents
- Sentencing Principles for Water Pollution Offences
- Powers of a Sydney District or Regional Planning Panel to “direct and control” a Council under the new amendments to the Environmental Planning and Assessment Act in a Class 1 Appeal:
- Commencement of the Low Rise Medium Density Housing Code
- The New South Wales Land and Environment Court exercises its ‘repeat waste offender’ powers in landmark gaol sentence
- EPA Fines Company $30,000 for Breaching Licence and Polluting Waters
- Supreme Court decision highlights the importance of careful preparation of Proposed Acquisition Notices
- The New Crown Land Management Act 2016
- Can an intervener/objector participate in s34 conciliation conference after the onsite consultation?
- Increased Council and Court Powers under the recently reformed Environment Planning and Assessment Act
- Justice Legislation Amendment Act 2018
- New Land and Environment Court Practice Notes
- Tree dispute principle for claims for structural damage to property caused by a tree
- Court Invalidates Minister’s Decision
- Enforcing Environmental Laws in the Land and Environment Court
- Mandatory Local Planning Panels
- Prefabricated Buildings Pty Ltd v Bathurst Regional Council (No.2) [2017] NSWLEC 111
- Recent changes to the planning principles in relation to brothel
- Can Council charge for services based on availability of services and actual use of services?
- Councils to Lose Ability to Assess some DAs
- Costly Coal Spill in World Heritage Area
- Importance of Careful Drafting for Council Contracts
- A Compensation Claim relating to Resumption of Land in 1922
- Planning & Development Law: Amended Plans affixed to Joint Expert Reports
- Costly Coal Spill in World Heritage Area
- Local Councils: Waste Less, Recycle More Grants
- The Benefits of Mediation
- Swimming Pools – Selling or Leasing a property
- What part of the Pasteurised Garden Organic Order and Exemption applies to Council and what requirements are expected from Council?
- Proposed changes to planning rules for outdoor advertising and signage
- Council Liability as Roads Authority – Case Note: Oberlechner v Hornsby Shire Council [2017] NSWSC 23
- Compulsory Acquisition – Recent Developments in relation to an “interest” in land
- Online Development Applications
- Vesting of Transferable Crown land in Local Councils
- How do the new Mulch Order and Exemption 2016 Impact on Councils’ tree maintenance operations?
- Trees Disputes Between Neighbours in NSW
- Proposed Amendments to the Environmental Planning & Assessment Act
- Amalgamated Local Councils – Stronger Communities Fund
- Development Without Consent
- DA lodgement to move online
- Local Council Amalgamations: City/Country Policy Division
- Local Council Amalgamations – Potential Backflip
- Incorporating an Environmental Group
- Public Parkland Challenge in the Land and Environment Court
- EPA fines Albury City Council – Odours from Waste Centre
- Pollution Licences under the POEO Act
- Tree Disputes Between Neighbours in NSW
- Local Council Fined for Unlicensed Radioactive Sources
- New Local Government Amendment (Governance and Planning) Bill 2016
- Environmental Law Update – Proposed Changes to Local Government Tendering
- Compulsory Acquisitions – Whose Minerals?
- Injunction granted to save the environment
- Local Government (Early Intervention) Bill 2013
- Local Government Act 1993 Reform
- Powers of the Small Business Commissioner Over Councils
- Case update – Wilpinjong Coal Pty Limited v Mid-Western Regional Council; Ulan Coal Mines Limited v Mid-Western Regional Council [2012] NSWLEC 277
- Directors Environmental Liability – Changes to Corporate Offences
- Councils Powers of Sale and Possession
- Council Tangled in Negligence
- Category: Planning & Environment
- Key Amendments to the Environmental Planning and Assessment Act
- Hefty Fine in Polluting Waters Prosecution
- Vesting of Transferable Crown land in Local Councils
- Council Liability as Roads Authority
- Proposed Amendments to the Environmental Planning & Assessment Act
- AGL’s Failure to Disclose Political Donations
- Reform of NSW Environmental Law
- Changes to Coastal Management
- New Report on Short-Term Rental Accommodation
- Development Application rejected for former Balmain Leagues Club Site
- New Rezoning Review Process Announced
- Exceptions to Development Standards
- Protection of the Environment Operations (Clean Air) Amendment (Cruise Ships) Regulation 2015
- Environmental Planning and Assessment Amendment (Notification of Neighbours) Regulation 2015
- Conditions of Consent and Security Cameras
- Joint conference of experts policy in the Land and Environment Court
- Practice Notes in the Land and Environment Court
- Tree Disputes between Neighbours
- Complying Development – An update in Trives v Hornsby Shire Council
- Costs awarded for failure to discharge prosecutorial duties
- Challenging Development Consent for Loss of View
- Power to Councils in Telco Planning
- Can a council make long-term agreements about rates liabilities?
- Fluoridation and Part 5 of the EP&A Act
- Rural Fire 10/50 Vegetation Clearing Update
- Recent Case – Prosecution Investigation Costs
- NSW Government introduces tougher fines for pollution offences
- Fines for Illegal Dumping at Charity Locations
- Biosecurity Bill
- The meaning of ‘detached studio’ under the Codes SEPP
- Bushfire Hazard Reduction and Vegetation Clearing
- When will a construction certificate be inconsistent with a development consent?
- Mining company fined for water pollution
- Environment Protection Authority v Coal and Allied Operations Pty Ltd
- Case Law update – EPA v Aargus Pty Ltd; Kariotoglou; Kelly
- Accessory offences
- New Categories of Corporate Offences
- Planning case update – invalid condition of consent
- Category: Property Law
- Tax Sting – Living/Moving Overseas
- Purchasing off-the plan: is it the right way to go?
- Changes to Property Transactions
- Unjust Put and Call Options – When a developer Comes Knocking
- AIRBNB – LEASE OR LICENCE?
- Property Law – Retail Leases Act Changes
- Property Law – CBD Changes
- Property Law tested by Developer
- Property Law changes to Off-the-Plan Contract
- New South Wales moving towards a paperless conveyancing future
- Strata committee powers and obligations
- Repair and Maintenance
- Owners Corporation and Financial Management
- Financial Management
- Strata Management
- Process of strata renewal plans
- Collective sale or redevelopment
- Repairs to new strata buildings
- Effect of new Legislation
- Strata Legislation
- How the foreign resident capital gains withholding payments will affect your conveyancing transaction and why you should speak with a Property Lawyer before buying property
- NEW! Off the Plan Sale of Land Changes
- Rural/Primary Production and Land Tax – Revenue Ruling No. LT 097
- Purchaser’s Interest Before Completion
- Swimming Pool Compliance – Why You Need to be Worried
- Transferring Assets to Avoid Creditors
- Importance of Lease Agreements
- Case Update – Prior landlords potentially liable for past GST
- Important changes to NSW Crown Land Laws
- Retail Tenant’s Right to Prevent Competition through Retail Lease Legislation
- Who pays the GST in the sale of a Property?
- Competing Buyers not Always a Pot of Gold
- Tenants Generally not bound by Conditions after Assignment
- Case Update: Limitations on Removing Options to Renew
- Taxation Update for Property Developers using Trusts for Capital Gains Tax Discounts
- Case Update: Late Exercise of an Option to Renew
- Difference between Joint Tenants and Tenants in Common
- National e-Conveyancing with PEXA
- Case Update – Adverse Possession and Additional Interests
- Unjust Circumstances to fight a Contract
- Superfund Trustees – Be Aware and Informed of New Changes
- Important ATO Private Ruling that all SMFS’ funds should be aware of in relation to limited recourse borrowing and SMSF’s
- Swimming Pools Update
- When will a Construction Certificate be Inconsistent with a Development Consent?
- Real Estate Updates – Exclusive Agency Agreements
- Real Estate – Statutory Provisions and Priorities
- Leasing Updates
- Reduced Deposits – Gubbay v Burnet
- Commercial Properties – NABER Certificates
- What is a Cooling Off Period?
- Can Contract price rebates lead to fraud?
- Does the Retail Leases Act apply to your Lease?
- The National Credit Code
- Category: Publications
- Category: Wills & Estate Planning
- Undue influence, Coercion and Wills
- Capacity Issues In Estate Planning
- Estate Planning – Residential Aged Care Agreement
- Literary Executor
- Intestacy rules of the Succession
- Executors of Estates
- Blended Families and Mutual Wills
- Will Lawyer for non-English speaking clients
- How a Will Lawyer can Assist Non-English Speaking Clients
- Estate Planning and Superannuation
- Wills and protecting your children
- Estate Planning – Extinct Institutions in a Will
- Contested Wills – Death Bed Wills
- Will Disputes and Removal of Executors
- Difference between joint tenancy and tenant in common important to consider in estate planning
- The notional estate rules in NSW and why does it matter?
- When can a power of attorney be revoked or renounced?
- Who will look after my children if I die?
- Different Reasons to Dispute a Will
- Gifts to successors before passing
- I don’t have any assets – do I need a Will?
- What is a testamentary trust Will
- Self-Managed Super Funds and Binding Death benefit Nominations
- What assets can the Court deal with
- Consequences if you don’t have a Will
- Your ex-spouse may have a claim on your estate
- Appointment of Enduring Guardians
- What duties does an executor have?
- What happens if someone dies without a Will?
- How can I pass on my property, shareholding and other business assets?
- Superannuation Complaints Tribunal – Recent Case
- Intestacy
- Excluding someone from inheritance after death
- Someone left me out of their Will
- Can an ex-spouse contest my Will?
- Estate Planning issues following the break down of a relationship
- What happens when a de facto partner dies without a Will?
- Superannuation: NSW Relationships Register
- Property co-ownership: protecting yourself from the potential pitfalls
- Have you been left out of a Will?
- Can my Will be contested?
- Category: Workplace Solutions
- New Laws – Religious Discrimination Legislation on Track to be Introduced in 2020
- Court Cases – Personal Leave Calculation Decision Off to The High Court
- Whistleblower Policies – Must be in Place by 1 January 2020
- Annualised Salaries – Changes to Burden Employers
- Modern Awards – New Awards Commencing From 4 February 2020
- End-of-Year Work Functions – ‘The Nightmare before Christmas’
- New Laws – Criminal Records and Discrimination
- Social Media and the Workplace – A Recent High Court Decision
- Employment Agreements
- New – Proposed Changes to Single Touch Payroll including Jail Terms
- New – Fixed Term Contracts Expose Employers to Unfair Dismissal
- New – Variations to Casual/Part-Time Rules in Modern Awards
- Employer and Director Heavily Fined
- Draft Legislation – Increased Discrimination Protections for Pregnant Workers
- Unfair Dismissal – Are Employers on their Own?
- Employment Law – WARNING! Inappropriate Christmas Party Behaviour
- Employment Law – Bupa Criticised for Disciplinary Process
- Employment Law – Dismissal for Drug Test Refusal Invalid
- Employment Law – Employee Compensated After Award Obligations Ignored
- Employment Law – Poor Response to Parental Leave
- Employment Law – Court Dismisses Employee’s Misleading Conduct Claim
- Employment Law – No Compensation for Employee who fibbed on CV
- Employment Law – Couple Working From Home Employees
- Employment Law – Chauffeur Who Had Minimal Control a Worker
- Employment Law – Client Information Posted on Facebook Confidential
- Fair Work Commission – Settlement Prevents Dismissal Claim
- Employment Law – Contempt ruling for director who deleted documents
- Employment Law – Bullying Allegations Reasonable Management Action
- NEW! Fair Work Amendment (Protecting Vulnerable Workers) Act
- Fair Work Commission: Support Person in Disciplinary Meetings
- Huge Payout for Employment Contract Repudiation
- Employment Law – Payroll Manager Jailed for Fraud
- Employment Law – Adverse Action against Train Driver
- Fair Work Commission – Reconsideration of Fixed Term Contract Authority
- Dismissal for Leaving Accident Reasonable
- Fair Work Commission Allows Late Dismissal Claim
- Dismissed Woolworths Worker Denied Legal Representation
- FWC: Ruling on Out-of-Hours Work
- Penalty Increase for Breaches of Fair Work Act
- Religious Law Trumps Dismissal
- Termination of Employee on Sick Leave “Illogical”
- Fair Work Commission: Compensation Awarded for Underpaid Employee
- Redundancy Consultation Cannot be ‘Hollow’
- Personal Leave – Are Certificates from Pharmacists Acceptable?
- WARNING! Workplace Investigation – Getting it Wrong
- Employment Law – Dismissal for pornographic emails
- Employment Law – Ex-Employee Restraint Clause Unenforceable
- Employment Law – Modern Awards Reductions
- Employment Law – The Need for Proper Workplace Investigations
- Employment Law – Redundancy Consultation
- Employment Law – s 457 Visa Entitlements
- Employment Law – Incapacity Not a Refusal to Work
- Employment Law – FWC Slams Poor Agreement Drafting
- Employment Law – Landmark Sham Contracting Case
- Fair Work Commission: On-Hire Worker Unfairly Dismissed
- Employment Law: Compensation for Unfairly Sacked Truckie
- Fair Work Commission: High Earner Can Pursue an Unfair Dismissal Claim
- Employment Law – Ambiguous Enterprise Agreement Win
- Employment Law – Informal Approach Acceptable
- Fair Work Commission – Investigation Procedural Deficiencies
- Employment Law – Unenforceable Restraints
- Employment Law – Ex-Director Restrained by IP
- Fair Work Commission – Minimum Wage to Increase by 3.3%
- Employment Law – New Financial Year Changes
- Employment Law – Contractor Ordered to Return Files
- Fair Work Commission – Employee not Subcontractor
- Employment Law – Dismissal of Injured Worker Not Discriminatory
- Fair Work Commission – Social Media Posts
- Employment Law – Drug and Alcohol Testing
- Employment Law – Protecting Company Connections
- Employment Law – New Employer Liable in Confidential Information Case
- Employment Law – Recommendations for Employment Entitlements
- Fair Work Commission – Re-Determination of Safety Dismissal
- Employment Law – Workplace Investigation Documents
- Employment Law – Dismissal of employee for pornographic emails
- Employment Law – Out-of-Hours Misconduct Dismissal Too Harsh
- Employment Law – Payroll Company Liable for Client’s Award Breach
- Employment Law – Redundancy and Job Swaps
- Employment – Personal Liability for Directors and Managers
- Employment Law – Loss of Mutual Trust Causes Resignation
- Employment Law – Former Manager Ordered to Hand Over Electronic Files
- Fair Work Commission – Stop Bullying Order Rejected
- Fair Work Commission – Employer Restrained
- Employment Law – Procedural Fairness and Employee Dismissals
- Employment Law – Loss of Mutual Trust Causes Resignation
- Employment Contracts and Procedural Fairness
- Deed of Release prevented claim against Employer
- Federal Government abolishes the 457 visa
- Consultation – Essential for a ‘Genuine Redundancy’
- Swearing Did Not Warrant Summary Dismissal
- Q&A – Dismissal of employees whilst on leave
- Employment Law – Medical Certificates
- Fair Work Commission – Judgment on Email
- Workplace Law – Record-Keeping Warning
- Employment Law – Drug Testing
- Workplace Law – Redundancies Not Genuine
- Employment Law – Rates for Owner-Drivers
- Employment Law – Brothel to Pay Employee $170,000
- Adverse Action Claim Dismissed
- Restraint injunction granted against law firm partners
- FWO flags review of abandonment clauses in Awards
- Fair Work Commission – Penalty Rates Decision
- Misuse of Confidential Information – Evidence relied upon after the fact
- Bullying Appeal Win for Employee as Bench Overturns Commissioner Ruling Based On Jurisdiction
- Employer too slow to take action on employee misconduct
- Gender Segregation And its Impact on Women’s Equality: A Senate Inquiry
- Anti-Bullying Order Dismissed But Corrective Action For All
- Anti-Bullying Order Dismissed But Corrective Action For All
- Discrimination in the Workplace – Questionable Decision of the Fair Work Commission
- Discrimination in the Workplace – Questionable Decision of the Fair Work Commission
- Lose Your Anger or Lose Your Job
- Difference between a volunteer and an employee
- Fair Work Ombudsman sets accessorial liability precedent
- Employee or Volunteer?
- When should an employer be on notice that an employee may develop a psychiatric injury?
- Workload too Onerous?
- Secret recording of an employee – Can it be used by an employer?
- Unreasonable Restraint of Trade Clause in Employment Contract
- Can an employee take their HR file home because of a fear it will be altered?
- Is it fair to dismiss an employee for failing to return a personnel file?
- Decision on Penalty Rates Delayed Again
- Employer’s Investigations into sexual harassment found to be overly formalistic
- Can you dismiss an employee for their out of hours conduct?
- How much notice is required when terminating an employee?
- Returning to Work After Childbirth
- Fair Work Commission Finds in Favour of Pregnant Employee Unfairly Dismissed
- Employer Fined $87,500 after Breaching the Work Health and Safety Act
- Employee’s Dismissal for Bullying and Harassment Upheld by the Fair Work Commission
- Employers – consistency is key when disciplining employees
- Company Directors Personally Liable for Breaches of the Fair Work Act
- What every employer MUST know for 1 July 2016
- Wage Rise on 1 July 2016
- Employee Fined for Failing to Give Notice
- Bully Manager Banned from the Workplace – Where is Your Policy?
- Reminder: Fair Work Act Changes – What You Need to Know
- Dismissed for Attending the Tennis
- Warning Rescinded by Fair Work Commission
- Sexually Harassed Employee Wins $1.3 million in Damages
- Danger: Workplace Policy part of an Employment Contract
- Workplace Solutions Survey 2014 – Findings Revealed
- Your staff know what bullying is
- The need for sound decisions – Unfair dismissal and mental illness
- Long Term Casuals
- Warning for External Administrators
- Do your employees have access to unfair dismissal? High income threshold set to rise
- The risky business of ‘poaching’ employees
- The Coalition’s Proposed Workplace Policy
- Termination Payments to Executives
- Important: New Changes to the Fair Work Act
- Workplace Bullying
- To Tweet or not to Tweet?
- Employer Succeeds in Defending Sexual Harassment Claim
- HR Manager and Director Liable for Sham Contracting
- Adverse Action Claim against Qantas Upheld on Appeal
- Policies must be Properly Implemented and Consistently Enforced to Protect Employers
- Risk to Employers from Representations made in Employment Contract Negotiations
- New Work Health and Safety Laws
- Guidelines for employers on floods, fire, cyclones and other emergencies
- Validity and enforceability of cascading restraint of trade clauses against employees
- Be prepared for paid parental leave
- Employers warned to avoid adverse action
- Unfair dismissal under the Fair Work regime
- Category: Uncategorized
- Separation Lawyer on Gaining Sole Use and Occupancy of the Family Holiday Home
- Unjust Child Support Assessments: A Child Support Lawyers Guide
- Important GST Withholding Legislation
- Giant new role for Matt de Boer!
- Foreign Worker Levy Law Change
- Planning Principle Update: Brothels
- Property Law – State Budget
- Employment Law – Unfair Dismissal – ‘Crude’ Facebook Post