24.09.21
Contract Law – Capacity
When determining the parties to a contract, it is important to consider if the parties have contractual capacity to enter into legal relations. If a party falls within a category of persons that…
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View Filter24.09.21
Contract Law – Intention
The next requirement of forming a valid contract is intention. This means that the parties must have intended for an agreement to be legally binding between them. To determine if this element has…
22.09.21
Chamberlains Guide on Contract Law
Part 1: Offer The crucial first steps of forming a valid contract involve an offer and acceptance. The basic definition of an offer provides that it is an expression of willingness to contract…
22.09.21
Contract Law – Past Consideration
The general rule that past consideration is not good consideration is important to remember when determining whether adequate consideration has been provided to formalise contractual relations. This means that consideration must be provided…
22.09.21
Contract Law – Consideration
For a valid contract to exist, there must be consideration on the part of each party that enters the contract. What is Consideration? In simple terms, where a promiser has made a promise…
22.09.21
Contract Law – Acceptance
The second essential element to create a binding contract after an offer is made is acceptance. An offer must be accepted to create a valid contract. If an offer is made by the…
22.09.21
Contract Law – Offer
The crucial first steps of forming a valid contract involve an offer and acceptance. The basic definition of an offer provides that it is an expression of willingness to contract made with the…
22.09.21
NSW construction sites set to return to full capacity from 27 September 2021
The NSW government has announced that from Monday 27 September 2021 the 50% capacity limit at construction sites across the state will be scrapped. All construction sites will also be subject to the…
20.09.21
What happens if you get COVID at work?
What happens if you get COVID at work? If you are injured or contract a disease during the course of your employment, generally you can be entitled to make a claim for workers…
20.09.21
Memorandum of Understanding: Deal or No Deal?
No, a Memorandum of Understanding (MOU) is not a deal. More accurately, an MOU is an instrument used in anticipation of a deal entered into between parties intending to enter into a deal. This article outlines how…
20.09.21
Calderbank Offers & The Cost of Having your Day in Court
A classic Calderbank offer was recently considered by the Federal Court in Watton v Whitton (Trustee), in the matter of Watton (No 2) [2021], serving as a timely reminder to both clients and practitioners to be reasonable…
20.09.21
Cost Orders – Shaanxi Nutracare Vs Viplus Dairy
If you are a party to proceedings, you may have wondered what happens if the other side can no longer afford to pay an adverse cost order. Fortunately, this question was revisited by…
20.09.21
An Uphill Battle: Rebutting the Presumption of Insolvency
A recent NSWSC decision, In the matter of Sails Corp Pty Ltd [2021], confirmed the problematic task of rebutting a presumption of insolvency. In this matter, the defendant’s presumed insolvency arose from an unsatisfied Creditor’s…
20.09.21
Verbal Arithmetic: A Beginner’s Guide to the Language of Insolvency
It goes without saying that the law is a complex language. Indeed, it is so complex, and at times, so incoherent, that the Merriam Webster Dictionary has a specific term for it: ‘legalese’….
20.09.21
Running Late Can Prove Costly: The Importance of Heeding Court Deadlines
Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna [2021] FCA 988 Background: This past week the Federal Court handed down an interesting bankruptcy decision concerning the late lodgement of cross-claims. The…
19.09.21
Media Companies ‘Publishers’ of Third Party Comments
Last week the High Court of Australia handed down a decision in the long-running matter of Fairfax Media Publications Pty v Voller, Nationwide News Pty Ltd v Voller, Australian News Channel Pty Ltd…
17.09.21
Asset Protection: Procrastination Can Be Painful
We’ve all heard Benjamin Franklin’s famous adage: ‘failing to prepare is preparing to fail‘; asset protection is no exception. There are two common misconceptions that people have about asset protection. First, that only the…
16.09.21
Winding up a Trust – When and how is it done?
A trust is a legal arrangement whereby one person (known as the “trustee“) holds assets on behalf of another person (known as the “beneficiary“). Trusts are commonly used for asset protection and tax…
15.09.21
ABN vs ACN: What’s the Difference?
If you have ever read any business documentation before it is likely you have come across the terms ‘Australian Business Numbers’ (‘ABN’) and Australian Company Number (‘ACN’). Although these terms appear similar, they…
14.09.21
Need to make an employee redundant? What you need to know to do it right
Financial constraints and business restructures often result in services or roles no longer being required by your business. In such circumstances, you may seek to dismiss an employee or team that is no…
14.09.21
Staking your Cryptocurrency: Tax & Legal Issues
As blockchain technology continues to evolve, new and established coins are increasingly looking for ways to use this development to reward their current coin holders and provide incentives to new customers to adopt…
14.09.21
Tax & Legal Issues with Crypto Airdrops
For new cryptocurrency, it can be difficult to convince consumers to use or purchase a coin in its early stages. With no publicity, following or trading volume, new projects need to find innovative…
13.09.21
Claim Viability: Strike While the Economy is Hot
Despite the initially predicted financial apocalypse that COVID-19 was expected to bring, the Australian economy is currently flourishing in many indicators of economic health. From employment rates to property prices, Australia is experiencing…
13.09.21
What is a Caveat?
Chamberlains Law Firm provides expert property, finance and litigation lawyers to assist you with your caveat, regardless of the challenge. Whether it is lodging a caveat, to enforcing a security or arguing about…
10.09.21
Can a Statutory Demand Based on a Judgment Debt Be Set Aside?
Background Under section 459E of the Corporations Act 2001 (the Act), a creditor may issue a statutory demand to a debtor company. Once served, a debtor company only has 21 days to either…
09.09.21
What rights do I have if my child is injured at school?
Many parents have faced the situation where their child has suffered an injury at childcare or school. Kids can be unpredictable and bumps, falls, knocks and injuries generally are common. We expect that…
09.09.21
School Found Not to be Liable for Injury in PE Class
The New South Wales Supreme Court has ruled that the school of a boy who suffered a head knock while playing a game similar to touch football in PE class is not liable…
08.09.21
Accounting Methods for Cryptocurrency – FIFO, LIFO & Others
A common question for crypto investors and traders in whether they can account for different parcels of crypto under the first-in first-out (FIFO) of last-in last-out (LIFO) methods – or if they can…
08.09.21
No Fault COVID-19 Indemnity Scheme
On 28 August 2021, after extensive consultation with the medical, insurance and business sectors, the Minister for Health and Aged Care, Greg Hunt, announced the No Fault COVID-19 Indemnity Scheme. The Scheme offers…
07.09.21
10 September 2021: Back to Work for ACT Residential Construction Industry
Key takeaways and compliance requirements: Construction sites across the ACT are due to re-open in full from Friday 10 September 2021. However, there will be a number of new obligations for all builders…
06.09.21
Successful Family Provisions Claim by Adult Child
The New South Wales Supreme Court has recently ordered that an adult child be paid a lump sum from the estate of the deceased despite not having contact for 28 years in the…
06.09.21
NSW to Abolish Certificates of Title
As part of its progression to 100% eConveyancing, the New South Wales Government has recently announced new changes to the land titles system, which will take effect from 11 October 2021. Significantly, the Real…
02.09.21
What to do if You’ve Been in a Car Accident
Being involved in a car accident can be a shocking and frightening experience and it may be difficult to remember what to do straight away. There are a number of things you should…
02.09.21
Can an Insurer Rely on Non-Disclosure of a Matter it Already Knew?
The Australian Financial Complaints Authority (AFCA) recently determined a dispute between Auto & General Services Pty Ltd (Auto & General) and their insured, who made a claim for a motor vehicle incident. The…
02.09.21
Second COVID-19 Business Interruption Insurance Test Case Given the Green Light
The Australian Financial Complaints Authority (AFCA) have approved the commencement of a second COVID-19 business interruption test case by the Insurance Council of Australia. The Federal Court of Australia will hear the case,…
02.09.21
Bailment Dilemma – Can You Contract Out of a Sub-Bailment?
In Matthew Short & Associates Pty Ltd v Riviera Marine (International) Pty Ltd and Anor [2001] NSWCA 281, the New South Wales Court of Appeal clarified the meaning of future goods under the…
02.09.21
Don’t get Capped Out of Your Costs in the General Division of the Local Court NSW
In Clutch & Brake Australia Pty Ltd v Khamis [2018] NSWSC 777 (Clutch), the Court considered the implications of Part G of Practice Notice: Civil Civ 1. The decision reminds practitioners to consider…
02.09.21
Stolen Valuables – Are You Adequately Covered?
A man took a denial of a claim under a private jewellery and valuables insurance policy held with Lloyd’s covering the cost of a watch insured for the sum of $39,225.00 to the…
02.09.21
When Family Law & Insurance Law Issues Combine: The Entitlement to Settlement Funds Pursuant to an Insurance Claim when the Joint-Insureds are Separated
A woman held a car insurance policy with Suncorp insuring a 2013 Kia Optima for the sum of $14,700.00. The woman’s vehicle was involved in a collision and was deemed a total loss…
02.09.21
Expert’s Speculation Goes to the High Court of Australia
The High Court of Australia reinforces the position in respect of a ruling to admit expert evidence pursuant to section 79 of the Evidence Act 1995 (NSW) (“EA”). As described by French CJ,…
02.09.21
Federal Court Appoints a Court Assessor to Understand Complex Expert Evidence
Experts have a paramount duty to furnish legal officers with scientific information to ensure the accuracy of their conclusions. This enables a Judge or other legal personnel to form an independent and unbiased…
02.09.21
Losses Resulting from Government Restrictions Held to Not to be an Insured Peril
On 5 August 2021, the Federal Court of Australia handed down its decision in Star Entertainment Group Limited v Chubb Insurance Pty Ltd [2021] FCA 907. The decision provides further clarity for businesses…
01.09.21
Will Getting a COVID-19 Vaccine Affect my Life Insurance?
Earlier this year, false information began circulating on social media claiming that opting to receive a COVID-19 vaccine would void life insurance policies on the basis that the vaccine is ‘experimental’. In response,…
01.09.21
The New Federal Circuit and Family Court of Australia: What Can We Expect?
Last year, legislation was passed merging the Federal Circuit Court of Australia and the Family Court of Australia to make the Federal Circuit and Family Court of Australia (FCFCoA). The changes took place…
01.09.21
The ACT’s Building Cladding Crisis – What Does It Mean For You?
The fire at the Grenfell Tower social housing block in London shone a light on the dangers of the use of cladding with polyethylene (PE) core across the world. More recently, the fire…
26.08.21
What To Do When You Can’t Find a Beneficiary?
Estate matters can be complex and even more so when there is a claim against the Estate or when a beneficiary is missing. An Executor has many duties when administering the Estate of…
24.08.21
Partnership or Joint Venture?
One of the most efficient and cost-effective methods of pursuing new business concepts and strategies is where a group of entities carry on a business together with a view to profit. This article…
23.08.21
It’s the Elephant in the Room – Can Employers Direct Their Staff to be Vaccinated Against COVID-19?
With the COVID-19 vaccination program being actively rolled out across Australian states and territories, employers, employees and even customers are grappling with the lawfulness of mandating vaccines. In Australia, the government’s advice is…
23.08.21
Public Divorces – The Family Law Act Says No!
We often read about celebrity divorces in magazines and online publications. As it often goes in gossip, the more drama, the better. Often our clients are worried about their personal affairs and private…
23.08.21
Changes To The Federal Circuit Court & Family Court – 1 September 2021
As of 1 September 2021, The Family Court of Australia and the Federal Circuit Court of Australia will merge to become the Federal Circuit and Family Court of Australia (FCFCOA). This change is…
20.08.21
Pets – Family Members or Personal Property?
Pets and Family Law Many couples purchase a pet during the course of a relationship. They are usually beloved family members in the owners’ eyes, so any suggestion that they should not be…
20.08.21
50/50 is Fair, Right?
Maybe, but not necessarily. Family law is an area of law which affects many people, so it is commonplace for clients to have heard anecdotes from friends or family members about their family…
19.08.21
Building Your Brand Based on Access, Not Knowledge – A Lawyer’s Personal Journey
The past: selling information We all know the image: pale, male, stale lawyer sitting behind an antique table with some beautiful leather-bound books arranged neatly in the background. The message is clear. “I…
09.08.21
Chamberlains Further Strengthen Perth Division & Appoint Another Senior Associate
Chamberlains announces another addition to the Perth division as Senior Associate Stirling Owen joins the firm. With Stirling’s appointment, Chamberlains also moves to bigger premises and are now welcoming clients to L11 Brookfield…
05.08.21
Fire to The MV Miss Angel Claim for Damages Against Maritime Electrical Contractor Dismissed By The Federal Court of Australia
The Federal Court of Australia has handed down its decision in Tregidga v Pasma Holdings Pty Limited [2021] FCA 721. This decision only reaffirms the difficulties that can be faced in proving a…
05.08.21
Don’t Get Caught Out! An Important Message for Insurance Claim Handlers
Background Following the Hayne Royal Commission, the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (Cth) (Act) was passed. Previously, providers did not need to hold an Australian Financial Services Licence (AFSL) to handle…
05.08.21
A Reminder: Choose Your Expert Wisely!
The Federal Court of Australia upholds expert opinion and provides an insight into what factors are relevant when considering whether the right expert has been appointed to give evidence about a particular matter….
04.08.21
The High Court overturns decision in WorkPac v Rossato that long-term casuals are eligible for leave and pay entitlements
Breaking news today, as the High Court of Australia today (4 August 2021) has unanimously overturned the previous decision of the Full Court of the Federal Court in WorkPac v Rossato concerning the…
30.07.21
Has Your Insurance Claim Been Refused? Here is What You Can Do
Insurance is there to protect our assets when things go wrong. However, unfortunately, there are a range of reasons why your insurance claim may be refused. If your claim is refused, you should…
30.07.21
Left Out of a Will?
What you need to know about making a Family Provisions Claim When a family member or loved one has passed away is always a very difficult time, but this is can be made…
30.07.21
Misleading and Deceptive Activewear
On 21 December 2020, the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Lorna Jane Pty Ltd ACN 065 384 616 (Lorna Jane) and Ms Lorna Jane Clarkson. The ACCC alleged that…
29.07.21
Update From The Insurance Council of Australia: Greater Sydney Lockdown and The Impact on the Building and Insurance Industry
New rules for the construction industry in light of the extension of the COVID-19 lockdown in Greater Sydney as at 28 July 2021. The Insurance Council of Australia (ICA) has confirmed that emergency…
27.07.21
Protect Your Business Interests and Goodwill From Ex-workers
Restraint of trade clauses, sometimes referred to as “restrictive covenants”, prohibit or restrain employees or contractors (“workers”) from engaging in certain conduct after they end their engagement with your business. They operate to…
27.07.21
Are You at Risk of Underpaying Your Employees?
With the various high-profile cases recently broadcasted surrounding the underpayment of employee’s wages and entitlements, the Fair Work Ombudsman is employing a greater focus on non-compliant businesses. Although unintentional in most cases, underpaying…
27.07.21
Can I Terminate an ill or Injured Employee?
An ill or injured employee may be unable to attend work for a period of time, need to reduce their hours of work or responsibilities, or can no longer perform their tasks to…
27.07.21
Quantum Reduction in the Assessment of Damages Due to Extravagance
Janice Rosemary Stocovaz v On Tai Fung [2007] NSWCA 199 Facts Ms Stocovaz purchased a Mercedes Benz E200 for the sum of $95,563. This vehicle was purchased on finance pursuant to a Hire…
27.07.21
NSW Update on the General Insurance Code of Practice
The Insurance Council of Australia Board has implemented changes to the new 2020 General Insurance Code of Practice. This follows from the impact of Covid-19 and results in the Code being re-written to…
27.07.21
Limiting Your Liability as a Supplier? Some Insight into What Liabilities Cannot be Excluded or Limited by a Supplier in a Contract
A common way of apportioning risk in a contract for goods or services is for the parties to exclude/restrict their liability to one another should one party default under the contract. Suppliers are…
27.07.21
Federal Court of Australia Finds Insurer to Have Acted Unfairly in Denial of Claim
Federal Court of Australia deems insurer acted unfairly in the cancellation of an insurance policy and subsequent demands made for payment. Australian Securities and Investments Commission v TAL Life Limited (No 2) [2021] FCA…
27.07.21
Misleading Representation in Franchise Agreements
Watt v Shepherd (No 2) [2021] FCA 826 When entering into a franchise agreement, it is crucial that parties ensure that any representations made can be made good in accordance with the agreement. The…
22.07.21
Duty of Utmost Good Faith in Insurance Contracts Act 1984 (Cth)
The duty of utmost good faith (known as Uberrima Fides) requires essential elements of ‘honesty’, ‘good faith’ and ‘integrity’. It is an obligation placed on certain groups to ensure that they are held…
22.07.21
District Court of New South Wales Declares Insured’s Conduct as Fraudulent
Trajkovski v Commonwealth Insurance Ltd (No. 2) [2020] NSWDC 694 In a recent decision of the District Court of NSW, the Court considered whether confusion or misinformation amounted to fraud pursuant to section…
22.07.21
Blanket Notification – Is Bare-Bones Sufficient or Is Something More Required?
The New South Wales Court of Appeal has handed down its decision in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd [2021]. The decision allowed an insurer to avoid…
22.07.21
Full Bench Ruling on Casual Employment Terms to be included in Modern Awards
Background Following amendments to the Fair Work Act 2009 (Cth) (‘Act’) on 27 March 2021[1], with the introduction of a definition of ‘casual employee’ and casual conversion requirements, the Fair Work Commission(‘FWC’) has…
20.07.21
Guidance for Liquidators on the Appropriate Method for Distributing Funds
On 18 June 2020, the Court of Appeal handed down it decision in the matter of Caron and Seidlitz v Jahani and McInerney in their capacity as liquidators of Courtenay House Pty Ltd…
20.07.21
Unfair Preference During a DOCA
When a company is in danger of becoming insolvent or has entered voluntary administration, a Deed of Company Arrangement (DOCA) may be put into place. A DOCA is a binding agreement between a…
20.07.21
Non-Payment of Debt as Evidence of Insolvency
In the recent litigation involving Henclo Investments Pty Ltd (Henclo), the VIC Supreme Court confirmed that non-payment of a debt cannot be relied upon as evidence of insolvency if a winding-up application is…
20.07.21
Using the AFSA Online Bankruptcy Portal
1. Before using the Online Bankruptcy Portal The consequences of bankruptcy are serious, and a bankruptcy cannot be cancelled if you change your mind. Before filing any documentation with the Australian Financial Security…
16.07.21
Workers’ Compensation FAQ
Suffering an injury at work can be a stressful and traumatic experience. You might be in pain and facing the prospect of loss of income and mounting medical expenses. The thought of seeing…
16.07.21
FAQ – Historic Sexual Abuse
I was abused as a child, is it too late to make a claim? The previous time limits for making a claim for compensation have been removed, so survivors of abuse can now…
12.07.21
Carrying on a Business of Trading Cryptocurrency
Whether you are carrying on a business of trading cryptocurrency is often a complicated question and there are very few easy answers. Simply trading crypto assets regularly is not enough to be seen…
07.07.21
Let’s Get Our Company to Buy Some Land. I’ll Have Some & You Can Have… None?
In the recent decision of Fuller v Albert [2021] NSWCA 88, the New South Wales Court of Appeal considered an example of the perils that fellow shareholders can face when they disagree on what their…
07.07.21
Stop That Company From Selling Shares, Right Now!
In the recent decision of Semantic Software Asia Pacific [2021] NSWSC 785, the Supreme Court of New South Wales considered an application made by ASIC to freeze the assets of a particular company. The decision…
02.07.21
Insurers Unsuccessful in Having First COVID-19 Business Interruption Test Case Appealed to the High Court
The High Court has heard the application for special leave to appeal the decision of HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296. In a win for policyholders, the…
01.07.21
Federal Court Decision Throws Unfair Preference Law into a State of Flux
In a recent article [The Abolition of the Peak Indebtedness Rule in Preference Claims] we discussed the case of Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in…
30.06.21
Chamberlains brings on Workplace Specialist Jeremy Kennedy
Chamberlains Law Firm brings Special Counsel Jeremy Kennedy onboard to further strengthen their employment practice. Jeremy has over 30 years of legal experience as a specialist workplace, employment, and industrial relations lawyer focusing…
29.06.21
Changes to the minimum Superannuation Guarantee Contribution effective 1 July 2021
Employers take note – Changes to the minimum Superannuation Guarantee Contribution effective 1 July 2021 Currently, the minimum superannuation guarantee contribution (SGC) required to be paid to all employees (and certain contractors) is…
28.06.21
Why You May Not Be Able to Avoid That Public Examination
In the recent case of Jane v Secatore (Liquidator), in the matter of Last Lap Pty Ltd (in liq) [2021] FCAFC 108, the Court heard an appeal of a decision that dismissed an application to…
24.06.21
Your Obligations When Paying Death Benefits as A Trustee
Trustee discretion when paying death benefits may be beneficial where the trustee can make a decision with a fuller understanding of the circumstances of the potential beneficiaries at the death of the testator;…
22.06.21
Capital Gains Tax (CGT) Issues with Cryptocurrency
Cryptocurrency has seen increasingly unpredictable and strong growth since 2016, turning previously unsophisticated investors into millionaires and sometimes billionaires. Yet many inexperienced investors do not realise that the profits they have made on…
17.06.21
Chamberlains’ Clients Can Now Pay Their Bills in Cryptocurrency
Chamberlains Law Firm is pleased to announce that, as of 16 June 2021, the firm is accepting cryptocurrency payments. This enables clients to pay for their legal services through the main digital currencies….
17.06.21
Duties to To Take Reasonable Care – Consumer Insurance Contracts
Prior to entering into a consumer insurance contract with an insurer, an insured has a present duty pursuant to section 21 of the Insurance Contracts Act 1984 (Cth). This provision stipulates that an…
15.06.21
Allegations of toxic culture in Swimming Australia
Swimming Australia is holding crisis meetings and forming an independent panel to investigate the experiences of young swimmers following reports of toxic coaching and abuse in the sport. The panel will convene to…
15.06.21
Stipe Vuleta shortlisted for Insolvency Partner of the Year 2021
Stipe Vuleta (Managing Director and Head of Chamberlains’ Insolvency Practice) has been named as a finalist in the Lawyers Weekly Partner of the Year Awards for Insolvency Partner of the Year. …
31.05.21
Compulsory Buy-Out Instead of Winding Up
The 2020 case of Snell v Glatis (Snell v Glatis (No 2) [2020] NSWCA 166), where Chamberlains Law Firm represented the Appellants, saw a successful appeal of the primary judge’s orders for a compulsory…
26.05.21
Trade Marks: Be Careful What You Wish For!
On 18 May 2021, the European Union Intellectual Property Office (EUIPO) published a decision regarding an application by United Kingdom greeting card company, Full Colour Black Limited (Full Colour), against notorious street artist…
24.05.21
FAQ – Insurance
1. Help my insurance claim is taking forever, what are my options? Under the General Insurance Code of Practice, insurers have timeframes they must meet when handling your claim. These timeframes include: Within…
20.05.21
No Jab, no Job – Are mandatory vaccinations lawful?
With the COVID-19 vaccine rollout underway, it’s the question everyone is asking – Can an employer require its employees to be vaccinated? Two recent decision handed down by the Fair Work Commission have…
18.05.21
2021-2022 Federal Budget: Government announces ‘Patent Box’ scheme to encourage innovation
The Federal Government announced in the 2021-2022 budget that it will be introducing a patent box scheme aimed at encouraging innovation in Australia. From 1 July 2022, patents in the medical and biotechnology…
17.05.21
Get Me Out, And Value My Units In This Unit Trust Properly!
In the recent decision of Sara Stockham Pty Limited v WLD [2021] NSWCA 51, the NSW Court of Appeal considered a dispute that arose concerning a unit trust. Two dentists worked together using a unit…
17.05.21
My Honey Is Not Toxic, That’s Defamatory!
In the recent cased of Capilano Honey Limited v Dowling (No 4) [2021] NSWSC 264, the Supreme Court of New Wales considered a piece of litigation arising from a honey-making company, and its…
17.05.21
“Don’t Steal My Confidential Information!”
In the recent decision of Agha v Devine Real Estate [2021] NSWCA 29, the NSW Court of Appeal considered a scenario where Party A, a former shareholder in and employee of Company R, ceased being…
17.05.21
Are We, As Liquidators, Allowed to Defend This Appeal?
Recently, in the decision of Mudgee Dolomite & Lime Pty Limited (No. 4) [2021] NSWSC 393, the Supreme Court of NSW considered a dispute between two directors and equal shareholders of a mining company that…
12.05.21
2021-2022 Federal Budget: Key Takeaways For Homes and Houses
The much anticipated 2021-22 Federal Budget was released on 11 May. Among the millions pledged for critical services and tax cuts, the Budget also contains some important updates for prospective property purchasers. The…
12.05.21
FAQ – Litigation & Dispute Resolution
1. I have received some court documents and I think I’m being sued. What do I do? You should contact a solicitor as soon as possible for advice on what the nature and…
12.05.21
Bankruptcy: To Annul Or Not To Annul
Once an individual is made bankrupt, their bankruptcy can be annulled in one of two ways: If the trustee in bankruptcy is satisfied that the bankrupt’s debts have been repaid in full; or …
12.05.21
Restraint of Trade Clauses – Are they Worth the Paper they are Written On?
“Is my restraint of trade enforceable?” is a commonly asked question in the employment law space. The answer is – it all depends on the “reasonableness” (and the drafting of course!). What is…
12.05.21
Making a claim for Institutional Abuse
The Royal Commission into Institutional Reposes to Child Sexual Abuse made shocking findings of abuse of children in Australia who suffered ongoing physical and sexual abuse at the hands of various institutions such…
12.05.21
The 2021-22 Federal Budget’s Temporary Loss Carry-Back Extension
What is the loss carry-back? In 2020, Treasurer Josh Frydenberg said that COVID-19 had turned “fundamentally sound businesses into loss-making businesses” and they should not have to wait to return to profitability to…
12.05.21
2021-22 Federal Budget: Changes to Employee Share Schemes
In the 2021-22 Budget, the Federal Government announced that changes would be made to the employee share scheme (ESS) rules, an overview of which is accessible here. The ESS is used as a…
12.05.21
2021-22 Federal Budget: Update and Overview of Collective Investment Vehicle
The 2021-22 Federal budget (Budget) announcement reaffirmed the long-awaited introduction of the Corporate Collective Investments Vehicle (CCIV) regime. It seeks to introduce an Australian structure that is in alignment with the international standards…
12.05.21
2021-22 Federal Budget: Increased Powers for the AAT to Benefit Small Businesses
The 2021-2022 federal budget contained a raft of key budget measures designed to provide relief to businesses still struggling in light of the COVID-19 pandemic. In conjunction with changes designed to simplify Australia’s…
12.05.21
2021-22 Federal Budget: A Modern Model for Australian Tax Residency Confirmed
In line with the Board of Taxations’ recommendations in the 2019 report to Government “Reforming individual tax residency rules — a model for modernisation“, the Federal Government confirmed in the 2021 Budget announcement…
10.05.21
The Abolition of the Peak Indebtedness Rule in Preference Claims
In a surprise ruling, the Full Court of the Federal Court has in Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021]…
06.05.21
Historic changes to casual employment – Everything you need to know
Last year we wrote about a recent decision handed down by the Federal Court of Australia (WorkPac Pty Ltd v Rossato [2020]) in which the Court heavily scrutinised the common law tests surrounding…
06.05.21
Chamberlains Seeking Witnesses – Gymnastics Australia
Findings of abuse of young gymnasts at Gymnastics Australia – Chamberlains seeking witnesses! On 3 May 2021, the Australian Human Rights Commission released a report exposing a toxic culture in Gymnastics Australia that…
04.05.21
Findings of abuse of young gymnasts at Gymnastics Australia
Chamberlains seeking witnesses! On 3 May 2021, the Australian Human Rights Commission released a report exposing a toxic culture in Gymnastics Australia that enabled the sexual, physical and other abuse of young gymnasts….
30.04.21
Chamberlains Law Firm secures two spots in the Australasian Law Awards
We can proudly announce that Chamberlains Law Firm is a finalist in the 2021 Australasian Law Awards for Law Firm of the Year (1-100 lawyers). We can also announce that our Managing Director, Stipe…
30.04.21
NSW bill opens the door for courts to overturn unfair child abuse settlements
Last month, the Civil Liability Amendment (Child Abuse) Bill was introduced in NSW. If passed, this piece of legislation will provide a clear pathway for survivors of child abuse to be fairly compensated…
29.04.21
FAQ – Equine Legal Services
Equine Legal Services FAQ 1. How can I protect myself when I sell a horse? There are many things you can do to protect yourself during the sale process. As most sale/purchase disputes…
27.04.21
When Will a Court Terminate a Winding Up?
If a company is in the process of being wound up by a liquidator, a creditor or member (shareholder) may make an application to a court to terminate the winding up under section…
23.04.21
Be aware of scammers
A sophisticated email scam is targeting law firms and their clients. Read more here. If you have received a request to deposit money into a Chamberlains Law Firm account please call us on 02…
22.04.21
FAQ – Injury and Compensation
What is institutional abuse? Institutional abuse is the mistreatment of a person from an authority or system of power. This more than often involves children or elderly. The maltreatment can range from abuse…
22.04.21
Is A Will Worth The Paper It’s Written On?
Make adequate provision for your spouse otherwise, the Court will do it for you. That’s the message we are being given from the Courts, and it’s a concern commonly faced by our clients….
21.04.21
Security of Payment Act Reforms – A Game Changer For Builders? Or A Nightmare For Homeowners?
On 1 September 2020, the NSW Government issued the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”), which drastically altered how residential builders and homeowners resolve disputes about progress payments after 1…
20.04.21
What is recoverable in motor vehicle property damage proceedings?
A reminder about the rule in Millar v Candy [1981] FCA 239. Facts The respondent was in possession of a car under a hire purchase agreement with Lombard Australia Ltd when a collision…
20.04.21
Local Council Sued Following Aircraft Collision with Ferris Wheel
A 14-year-old girl has successfully sued a local council after she was injured whilst riding on a Ferris wheel at a local festival when a light aircraft collided with the Ferris wheel. The…
20.04.21
ATO Practical Compliance Guidelines for IPP
Effective from 1 July 2021, the Draft Practical Compliance Guideline PCG 2021/D2 (PCG 2021/D2) issued by the ATO outlines their proposed compliance approach to the allocation of profits by professional firms. This PCG…
20.04.21
Can a Company Withhold Privileged Documents From its Director?
Under section 290 of the Corporations Act 2001 (the Corporations Act), a director has an unrestricted right to access the financial records of a company. A director also has a common law right…
20.04.21
Should the Statutory Demand Threshold be Increased?
On 24 September 2020, the Australian Government announced changes to the national insolvency framework to better address the needs of Australian small businesses, their employees, and their creditors. The key goals of these…
20.04.21
Liability Waivers in High-Risk Activities
HOW RISKY IS SKYDIVING? LIABILITY WAIVERS IN HIGH RISK ACTIVITIES: HAYLEY MARKS V SKYDIVE HOLDINGS PTY LTD (2021) VSC 21 A woman who fractured her spine during a heavy landing following a tandem…
20.04.21
When Accidents Are Caused By Negligence
NEGLIGENT JET SKI DRIVER ORDERED TO PAY $350,000 IN DAMAGES FOLLOWING COLLISION – WEST V ROSENLIS [2021] VSC 41 The driver of a jet ski that collided with another jet ski on the…
19.03.21
CLE Sessions – Companies & Courtrooms: How Corporations Can Handle Things When Disputes Arise
In today’s CLE Session, Special Counsel James d’Apice speaks on ‘Companies and Courtrooms: How Corporations Can Handle Things When Disputes Arise’. Transcript Hello! It’s a very good afternoon to you. So I’ll…
19.03.21
Enforcement Of Judgments: What You Need To Know About Garnishee Orders
If a Court has made a judgment against you and you fail to make payment to resolve your debt, the party you owe money to (the judgment creditor) may apply to the Court…
19.03.21
Insurers to Appeal Landmark Business Interruption Insurance Decision
The highly controversial decision of HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296 is now expected to be appealed to the High Court of Australia, following an application seeking leave…
25.02.21
Employee Share Scheme v Employee Share Option Plans
Employee Share Schemes (ESS) and Employee Share Option Plans (ESOP) are a simple tax planning tool that can drive of growth in both start-ups and established businesses. The benefits are threefold: It’s a…
25.02.21
Early Stage Innovation Company (ESIC)
In recent years, the Federal Government has made a move towards encouraging innovation in Australia by a series of tax concessions for innovative companies and their investors. One such tax concession is for…
24.02.21
Breaching The Duty Of Utmost Good Faith
The Federal Court of Australia’s determination in Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. In a recent decision of the Federal Court, the Court considered what conduct could constitute…
24.02.21
What Is A Creditor’s Petition?
If a person is owed a specific amount of money (a creditor) over $10,000 by someone (a debtor), the creditor may lodge a Creditor’s Petition to make the debtor bankrupt. If you have…
23.02.21
Subpoenas in Family Law Matters
During the course of family law proceedings, a party may seek to file a subpoena. A subpoena is a legal document issued by the Court that can require the production of documents, attendance…
23.02.21
Phoenix Directors – When Has a Director Resigned?
New amendments to the Corporations Act targeting illegal ‘phoenixing’ came into effect on 18 February 2021. The changes will prevent Directors from improperly backdating their resignation or leaving their company with no Directors….
08.02.21
What Is A Guardianship Fund? And Should You Include One In Your Will?
When writing your Will, there are many important things to consider, like who do you want to have your personal possessions? Do you want your partner or spouse to take everything? Or do…
02.02.21
Deceased Debt Collectors: Could I Owe Money to a Deceased Relative?
People in need can often turn to their loved ones for help, whether that be for emotional or financial support. A parent may loan you that money you need to pay off your…
01.02.21
You’ve Got To Choose What You’re Complaining About, And Stick With It!
While most legal disputes settle, some go-ahead to what lawyers call a “final hearing” where the parties will prepare evidence, go off to Court (whether virtual or in-person!), and a judgment will be…
29.01.21
You’ve got to pay fair value. No minority discount!
When thinking about the value of a minority shareholder’s shares, it is sometimes said that a “minority discount” applies. This price reduction may reflect the inability of a minority to influence the company, or…
28.01.21
I Have Orders For Discovery! What Now?
Discovery is a process often required in civil proceedings in most Australian jurisdictions. During discovery, you must provide your opponents with any documents related to the case before the Court. Discovery ensures that…
25.01.21
Horse Industry – Waivers in NSW & ACT
What is a waiver? A waiver is a legal document or clause in a legal document that seeks to limit the liability of an organisation in the event that a participant suffers a…
22.01.21
Protecting Your IP
It is important to note the fundamentals of protecting your intellectual property (IP) and getting your IP strategy right when starting your business. Identifying Your IP Starting a new business is exciting, and…
21.01.21
How To Build A Business
Starting a new business can be a daunting time. This guide lists 6 legal considerations you should consider when launching a start-up. Business structure The business structure you choose each has their own…
20.01.21
ACT Court Processes
Litigation can be a confusing and tiresome process with the numerous procedures in the ACT Courts and Tribunals. That’s why we at Chamberlains are committed to helping you through the processes should any…
15.01.21
Managing Buildings Better reforms
As part of the ACT Government’s Managing Buildings Better reforms, changes to the Unit Titles Legislation Amendment Act (the Act) come into effect on 1 November 2020. Some of the major changes to…
13.01.21
Chamberlains’ Response to Proposed Exposure Draft of Bankruptcy Regulations 2021
The Bankruptcy Regulations 1996 (the existing Regulations) manages the procedural and administrative aspects of the Bankruptcy Act 1966 (the Act). The Act regulates Australia’s personal insolvency system and provides a framework for people to manage or discharge…
12.01.21
Chamberlains Brings On Specialist Tax Lawyer To Strengthen Sydney Team
As of 12 January, Chamberlains’ Sydney team has expanded to include Senior Associate and specialist Tax Lawyer Harrison Dell. Harrison advises across a range of Australian taxes, including state duties and international…
11.01.21
Court Rules Against ‘The Extreme Step’ Of Replacing a Liquidator
In the recent Federal Court of Australia case Sands Contracting Pty Ltd v Foodcorp (Vic) Pty Ltd1, the Court reaffirmed that replacing a liquidator is a ‘rather extreme step,’ warranted only by significant…
08.01.21
Playing by AFCA’s Rules
The New South Wales Supreme Court’s findings in D H Flinders Pty Ltd v Australian Financial Complaints Authority Limited [2020] NSWSC 1690 In a recent decision of the New South Wales Supreme Court, the Court…
08.01.21
Turning Back the Clocks in Bankruptcy
Forget being a day late and a dollar short, what happens when you are almost two decades late with filing a Statement of Affairs (Statement) in bankruptcy? The Federal Court case of Talent…
07.01.21
Broad Powers and Blurred Lines: The Court’s Power to Approve Invalidly Appointed Liquidators
The Victorian Supreme Court case of In the Matter of Polat Enterprises Pty Ltd (in liq)1 demonstrates the full breadth of the Court’s powers under section 90-15 of the Insolvency Practice Schedule to…
06.01.21
When Do You Need a Tax Lawyer?
Contrary to popular belief, you do have the choice to pay more or less tax. The only catch is that you need a tax lawyer to give you that choice. In recent years…
24.12.20
Bankruptcy 101: Voidable Transactions
When a bankruptcy trustee investigates transactions made prior to bankruptcy and identifies that assets have been improperly transferred, these assets may be recoverable under the Bankruptcy Act 1966 (Cth) (Act). Voidable transactions were…
23.12.20
Banning the ‘Blanket Ban’ of Animals in New South Wales Strata Schemes
The decision in Cooper v The Owners – Strata Plan No 58058 [2020] NSWCA 250 In the latest decision in a long line of cases, the NSW Court of Appeal has determined that…
23.12.20
Stop. Think. Do You Need to Check Your Privilege?
‘Limited Waiver’ – In the matter of Northern Energy Corporation Limited [2020] NSWSC 1073. A question often arises in proceedings when documents are produced as to what constitutes Legal Privilege. Legal privilege is…
23.12.20
Merry Christmas & Happy New Year From The Chamberlains Team
As we look back upon the past year, which has been quite memorable to say the least, we want to acknowledge our clients and friends who have helped to shape our organisation in…
22.12.20
Corporate Oppression – The Importance of Shareholder Agreements
The sometimes complex area of corporate oppression is easily misunderstood. Occasionally a shareholder will be disappointed with the way a company is being run, or feel “shut out”, but that is not always…
21.12.20
Personal Bankruptcy Threshold Permanently Set to $10,000
Attorney-General Christian Porter today announced that Australia’s personal bankruptcy threshold will be set at $10,000. The threshold was temporarily lifted from $5,000 to $20,000 on March 24 of this year in response to…
21.12.20
Checklist – How to Prepare for a Divorce
We know going through a separation can be mentally straining and the toll it takes on both yourself and your family. In these situations it can be difficult to act sensibly and rationally….
15.12.20
10 Things You Need To Know About Wills
1. Do I need a Will? Everyone over the age of 18 should have a Will. If you do not have a Will, your assets may end up with someone you did not…
15.12.20
Separation and Superannuation
Over the course of a relationship, the amount of superannuation that a couple have is likely to change. Based on various factors such as employment, leave, and the type of super fund, the…
11.12.20
Faulty Filshie Clips Result in Unplanned Fourth Child
A woman who underwent surgery to avoid falling pregnant has recently been awarded more than $400,000 for medical negligence after she unexpectedly conceived another child. The 39-year-old, referred to by the pseudonym Jodie…
11.12.20
Skier Denied Compensation Despite Negligence of Instructor
A skier injured by their ski instructor at Perisher Blue has been denied compensation by the New South Wales District Court. This was despite the Court finding that the collision was caused by…
11.12.20
Shopping Centre Slip and Fall Comes Up Short on Appeal
A recent New South Wales Court of Appeal matter has highlighted the difficulties many plaintiffs face after suffering injuries. The duty owed by shopping centre operators as well as retailer’s to prevent slips…
10.12.20
A headache Worse Than The Christmas Party Hangover
It’s silly season, which means it’s that time of the year when we let our hair down at the Christmas party and celebrate making it through another year. But be warned. With vigorous…
09.12.20
Chamberlains Lawcast: Legal/Party Costs in the ACT
In today’s episode, Chamberlains’ Director Jon May is joined by Canberra Costing Consultants Duncan Harrington & James Hall, to discuss all things legal costs & party costs, in the ACT. As with all…
07.12.20
Principles To Remember When Interpreting Terms Of Commercial Contracts
As summarised by the High Court with respect to the interpretation of contracts in Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 (“Electricity Generation Corporation”), at [35] per French…
30.11.20
“Can I Just Pay The Australian Beneficiaries?”
Following recent changes to the Land Tax Act 1956 (NSW) and the Duties Act 1997 (NSW) a trustee recently had to approach the Supreme Court of New South Wales to make sure the tax affairs of the…
25.11.20
Bankruptcy Notices: Enforcement Mechanism or an Abuse of Process?
In the matter of Mariconte v Nobarani [2020] FCA 1485, the Federal Court of Australia revisited the Court’s inherent power to set aside bankruptcy notices due to an abuse of process and cautioned…
23.11.20
Chamberlains Lawcast: Thriving (or not) Post COVID-19
In today’s episode, Chamberlains’ Managing Director, Stipe Vuleta, is again joined by Condon Advisory’s Managing Principal Schon Condon , Associate Gavin King, and Chamberlains’ Director Harold O’Brien, to discuss all things corporate insolvency…
20.11.20
“Do I Only Get Two Weeks to Use The Patent?”
In the recent decision of Sandoz Pty Ltd v H. Lundbeck A/S [2020] FCAFC 133 the Court had to consider what the parties intended when they entered into a contract. A patent holder…
19.11.20
COVID-19 and Insurance Policies
Countless businesses, including restaurants, bars, hairdressers and gyms, are struggling due to COVID-19 related business interruptions. As we noted earlier in the year, there has been a lot of concern and ambiguity with…
17.11.20
“I should’ve accepted that offer!”
Lawyers often send settlement offers when dealing with disputes. These are sometimes in the form of “Calderbank” offers, named for the decision of Calderbank v Calderbank [1975] 3 All ER 333. Other times, offers may…
10.11.20
Bankruptcy FAQ’s (Part Three)
Implications of Bankruptcy 3.1 How do I declare bankruptcy? Essentially, there are two ways to declare bankruptcy, either voluntarily or by way of a creditor in whom you owe money to. Pursuant to…
10.11.20
Bankruptcy FAQ’s (Part Two)
Assets 2.1 What happens to my assets? An asset is anything of value that you possess, such as real estate, vehicles, cash or money in a bank account and tools. During bankruptcy, your…
10.11.20
Bankruptcy FAQ’s (Part One)
Bankruptcy 1.1 What is bankruptcy? Bankruptcy is a legal process which declares that a person is unable to pay their debts. It can absolve them of most debts and allow the person to…
03.11.20
Errors That People Can Make – Even When Using a Will Kit
Will kits are often marked as a cheap and easy way to conduct your estate planning without the assistance of a Wills & Estates lawyer. Will kits, however, are mostly ineffective in organising…
03.11.20
Should You Identify Your Children As Beneficiaries In Your Will
It is common for people to leave the rest and residue of their estate to their children or grandchildren in their Will. While some identify their children and grandchildren by name, others simply…
03.11.20
The Importance of Having Alternate Beneficiaries
When drafting your Will and organising your affairs after your death, it is essential to consider whom you would like to benefit from your estate. Most people already know their primary beneficiaries (for…
27.10.20
Chamberlains LawCast – Business Recovery
In this episode, Chamberlains’ Managing Director, Stipe Vuleta, is joined by Accross Business Principal & Director Kieran May, to discuss all things Jobkeeper, SGC Amnesties and strategy about recovery post COVID-19. As with…
20.10.20
Chamberlains Lawcast – The Limits of Canberra’s Cannabis Legalisation
In this episode, Chamberlains’ Managing Director, Stipe Vuleta, is joined by Adrian McKenna, founding partner of McKenna Taylor Lawyers, to discuss the recent developments surrounding Cannabis use in the ACT. As with all…
18.10.20
What Do You Do if You Lose a Trust Deed?
Trust deeds are vital for managing your trust assets, a fact that was emphasised recently in a judgment by the NSW Supreme Court in Sutton v NRS(J) Pty Ltd.[1] In this case, during routine…
15.10.20
Four Things To Add To Your Wedding Planning List
Chamberlains have put together a list all newlyweds need to do. It may not be as fun as finding your special outfit or sampling wedding cakes, but it will ensure you and your…
15.10.20
How to Deal With Your Business Breakup
Have you considered how your business will move forward in the event that you or your business partner have a falling out, death or catastrophic injury? The breakdown of a business partnership can…
15.10.20
Are You Uber-Screwed? Not Quite.
The ride-sharing app Uber is now many people’s preferred choice when it comes to getting from A to B. Faster, cheaper, and easier. But what happens if you are involved in an accident…
15.10.20
What does this Will really mean?
At Chamberlains we have seen too many times the expense, delay and angst caused when a DIY Will doesn’t quite make sense or doesn’t meet the legal requirements of a Will. Chamberlains recently…
15.10.20
Been Appointed As An Attorney? How to Avoid a Fallout
Have you been appointed as an Attorney? Are you clear on what powers you can and cannot exercise as an Attorney? What is an Attorney? An Attorney is someone who has been appointed…
15.10.20
Cyclists – Duties to Other Cyclists
Canberra is the cycling capital of Australia, with more cyclists per capita than any other city. It wouldn’t be uncommon if your weekend involved a relaxing ride around the lake, sun shining, taking…
15.10.20
Choosing Between Love or Money…
If you are thinking of buying property you need to be aware that if your personal circumstances change this may affect your eligibility for home buyer assistance. In the ACT, first home buyers…
15.10.20
A Lawyer, a Solicitor and an Attorney Walk Into a Bar…
Not sure if you need to speak to a Lawyer, a Solicitor, or an Attorney? And what’s the difference anyway? Allow us to set the record straight. In Australia, the term ‘lawyer’ is…
15.10.20
End of Financial Year Business Check-Up
If you run your own business there’s no doubt you are flat out with the day-to-day demands of the business; dealing with suppliers, managing employees and trying to find time to spend with…
15.10.20
PPSR – Everything You Need to Know!
We all know that a bank can secure a loan by registering a mortgage over land. But what if you are a small business owner who has leased out valuable equipment or advanced…
15.10.20
Retirement Villages – What Exactly Are You ‘Buying’?
You could be forgiven for thinking that entry into a retirement village is all doom and gloom, especially if you have seen recent articles in the media (including Four Corners, titled: ‘Bleed Them…
14.10.20
Do I Need to Register My Lease?
Are you the landlord or tenant of a commercial premises in the ACT? Is your lease registered? What happens if your lease is not registered? HKH sets the record straight – read on….
14.10.20
Victim of a Dog Attack? Know Your Rights for Compensation
There have been numerous reports of dog attacks in the ACT recently, often leaving the victims with serious injuries requiring hospitalisation or in the most serious cases, even death. A dog attack can…
14.10.20
“Let Me Go Get The Company’s Money!”
In the recent decision of Lotus Property Fund No 8 Pty Ltd [2020] NSWSC 1349 the Court considered an application by a former director to bring a derivative action on behalf of a…
14.10.20
YOLO – And You Only Die Once Too
Many young people tend to think they don’t need a Will. Paying rent, coping with a healthy HECS/HELP debt or expanding the cooking repertoire beyond breakfast foods is just about as much adulting…
14.10.20
Where There is No Will – What Is The Way?
Everyone knows they should have a Will. But what actually happens if you don’t? What happens if you die without a Will? You would assume that your estate would go to your next…
14.10.20
Farting in the Workplace: Banter or Bullying?
It’s the question that has lingered on many of our minds since the days of our childhood. It is most definitely unpleasant. Indeed, it can even bring a tear to the eye. When…
14.10.20
I’m an Executor of a Will – Now What?
Have you been named as an Executor of a will and are not quite sure what you have to do or what your obligations are? Not to worry. Chamberlains have compiled a list…
14.10.20
Adoption & Inheritance – Where Do You Stand?
To challenge a Will, or to make what is called a ‘Family Provision Claim’ against a deceased person’s estate, you must be an eligible person. But if you aren’t a member of the…
14.10.20
Fired For Your Facebook Post?
If you think what you post on your Facebook page is none of your bosses’ business, you’d be wrong. We all know that posting a rant about your boss or colleagues is not…
13.10.20
Citizen’s Arrest – When Can You Take the Law Into Your Own Hands?
If TV has taught us anything, it’s that making a citizen’s arrest is a sure-fire way to be heralded as a hero. But outside of the small screen – are you actually allowed…
13.10.20
Drones and The Law – What are Your Rights?
Drones are the latest “it” gadget for many – you have probably already seen (or heard!) them buzzing past your home or in the park, or you may even own one yourself. Drones…
13.10.20
Buying A House In The ACT – FAQ
If you are looking to buy a house in the ACT, Chamberlains can help guide you through the process. See our most frequently asked questions below: Q: What is a conveyance? A: A…
13.10.20
How Your Fitbit Can Affect Your Personal Injury Claim
If you wear a Fitbit you’re probably familiar with how much data your Fitbit knows about you – your sleep and exercise patterns, your heart rate, number of steps, distance travelled, frequency of…
13.10.20
Injured in a Car Accident in the ACT?
The unthinkable has happened. You’ve been involved in a motor vehicle accident and your life has been turned upside down in a split second. You’re in pain, you’ve had to take time off…
13.10.20
So I Can’t Blame My Secretary?!
In Rodney v Stricke (No 2) [2020] NSWSC 1126 costs were ordered against a solicitor personally for administration related delays. A solicitor was retained to assist a client in an appeal application against an owner’s…
13.10.20
Property Rights in Phone Numbers
The Federal Court of Australia recently handed down a decision relating to an application for relief in relation to phone numbers associated with a taxi company. The case provides clarity in relation to…
11.10.20
Changes to Executing Documents During COVID-19
2020 has been a year of many changes, perhaps most notably, many of us are now working from home and at certain times not allowed to leave the house. Furthermore, social distancing laws…
09.10.20
Do I Buy ‘Off the Plan’ or an Established Property?
A first home buyers guide: Buying your first property is perhaps one of the biggest and most exciting decisions you can make. One of the most common questions we are asked by first…
09.10.20
“I Don’t Need a Power of Attorney, I’m Not Old…”
At Chamberlains we hear this all the time, “I’m too young to have a Power of Attorney”, “I have joint bank accounts, I don’t need a Power of Attorney”, “I don’t have any assets…
07.10.20
You Can’t Wear a Tracksuit to Court
The obligations and requirements of an expert and their conduct affirmed by the court in Blackmores Ltd v Jestins Enterprises Pty Ltd [2020] NSWSC 1177. Facts: The Defendant, Jestins Enterprises (‘Jestins’), entered into…
02.10.20
Family Feuds: Have You Been Left Out of a Will?
The loss of a family member is always a difficult time, but it can become more distressing to learn that you have not been included in the family member’s Will. It’s even more…
02.10.20
When is a Loan, Not a Loan?
Many parents regard it worthwhile lending or giving money to their children to help them buy a home. But, there’s a very big difference between giving and lending. When you don’t have proper…
02.10.20
There’s Nothing Funny About Food Poisoning
Eating a meal out at your favourite restaurant should be delicious, enjoyable and most all safe. The possibility of ending up in hospital sick from the experience probably doesn’t even cross your mind,…
02.10.20
$2.575m Compensation for Injured Cyclist
Canberra is the cycling capital of Australia, with more cyclists per capita than any other city. We’re lucky enough to have great a network of bike paths to explore our beautiful city. Whether…
02.10.20
Builders Cutting Corners… Literally
When you purchase a property off the plan, you expect to receive it in immaculate condition. After all, it’s brand new! Unfortunately, at Chamberlains, all too often we see developers cutting corners when…
02.10.20
I Leave You My Millions… Or Not?
What happens if you are left a specific gift in a Will which no longer exists? Let’s just say you are left the proceeds of a bank account by a family member which…
02.10.20
Paid off your mortgage? Don’t forget the last crucial step…
You might be celebrating when you make that last payment on your mortgage, but don’t forget to take the last step to cut ties with the bank for good. What is the next…
02.10.20
How Much Does a DIY Will Really Cost?
How much does a DIY Will really cost? Doing a Will has been known to be in the ‘too-hard basket’. Sometimes the cost of writing a Will and obtaining estate planning advice puts…
02.10.20
The Fundamentals: Wills and Estates
Do I need a Will? Everyone needs a Will. Nobody likes thinking about their own death, but having a Will puts you in control and can save money and avoid costly disputes. If…
01.10.20
Exposure to penalties under the Work Health and Safety Act 2011 (NSW)
Directors and officers have historically been able to make use of directors & officers insurance and grants of indemnity to assist in the management of their exposure to penalties under the Work Health…
30.09.20
Leading Canberra Law Firm Announces Merger with Howes Kaye Halpin Solicitors
Chamberlains Law Firm and Howes Kaye Halpin Solicitors (HKH) are pleased to announce that as of 1 October 2020, the two firms have successfully merged and integrated under Chamberlains’ flag. The merger will…
29.09.20
What Happens to Unregistered Trademarks When You Sell Your Business?
The decision of the Full Federal Court in Kraft v Bega [1] earlier this year over the design of peanut butter packaging, raises important questions regarding unregistered trademarks. Specifically, whether licensing agreements of unregistered…
29.09.20
“It’s not clear that I have to pay your fees – and you drafted the contract!”
In the decision of J P Morgan Australia Ltd v Consolidated Minerals Pty Ltd [2011] NSWCA 3, the Court considered a case where a client appointed an investment banker to advise on takeovers and mergers….
25.09.20
How to Annul Your Bankruptcy
Annulment of bankruptcy is the process by which your bankruptcy can be cancelled, ending your period of bankruptcy. If your bankruptcy is annulled, your name will remain on the National Personal Insolvency Index,…
24.09.20
“I’ll repay the funds you invested. Trust me!”: Baxter Global Investments Pty Ltd (ACN 159 246 670) v Marco [2020] NSWSC 1293
Two plaintiffs invested money with the first defendant for a fixed term having signed various documents titled “Declaration of Trust”. At the end of the term of investment, the first defendant did not…
23.09.20
New Security of Payment Regulation Increases Protections for Builders in NSW Residential Disputes
On 1 September 2020, the NSW Government introduced the new Building and Construction Industry Security of Payment Regulation 2020, which repeals the existing 2008 Regulation. Currently, owner occupier construction contracts are exempt from…
22.09.20
Some implications for costs under the CPA 2005 (NSW)
Issues arising out of parties to civil proceedings failing to adhere to the overriding purpose of Civil Procedure Act 2005 (NSW), the rules of the Court & its implications for costs – Apollo…
18.09.20
You Need Money to Maybe Make Money
The recent decision of University of Canberra v Zierholz@UC Pty Ltd [2020] ACTCA 45 highlights the need for parties to consider adverse costs orders when commencing proceedings, and in particular appeal proceedings. The…
14.09.20
When Will Legal Costs Be Too High, To Be Worthwhile?
In the recent decision of the Supreme Court of NSW, Balzola v Passas (No 2) [2020] NSWSC 1200, a plaintiff sued two defendants in defamation. The plaintiff succeeded against the first defendant and failed against…
10.09.20
Setting Aside Property Settlement Orders
Any order for property adjustment made in either of the Federal Circuit Court of Australia or the Family Court of Australia is capable of being set aside or varied if certain criteria are…
07.09.20
Insolvent Trading Relief Continues!
The insolvent trading relief that was announced by the Federal Government in March this year has been extended until 31 December 2020. The temporary changes which were due to end on 30 September…
04.09.20
Timeframes for Family Law Appeals
Family law matters are generally heard in either one of two Courts, the Federal Circuit Court of Australia (the FCC) or the Family Court of Australia (the FCA). Orders made by either of…
03.09.20
What Happens to Your Property When You Go Bankrupt?
What is bankruptcy Bankruptcy is the legal process undertaken when you cannot pay your outstanding debts, whereby you give up control of your finances and possession of assets and as a result will…
02.09.20
Taking Out a Loan After Bankruptcy
Bankruptcy can have a significant impact on all aspects of your life, and these may last well beyond the three years and 1-day bankruptcy period. Once your bankruptcy has come to an end,…
01.09.20
Statutory Demands and Insolvency
Statutory demands A statutory demand is a demand under section 459E of the Corporations Act 2001 (Cth) issued upon a company by a creditor for debts of at least $2000 due, payable within…
01.09.20
Stop Telling Everyone You Own My Patents!
In the recent decision of Charter Pacific Corporation Limited v Securicom (NSW) Pty Limited (in liq) (No 3) [2020] NSWSC 1067, some plaintiffs asked the Court for an interlocutory injunction – an immediate…
31.08.20
ACT Workers Compensation – Explained
It seems obvious that if you are injured at work, your employer should pay you for your time off work. However, it’s not that simple. There are some essential steps you must take…
31.08.20
How to make a Workers Compensation claim in the ACT
The claims process under the Workers Compensation Act 1951 (ACT) should be easy, as long as you take some very simple steps soon after you are injured at work. 1. Early notice to…
27.08.20
What You Need to Know About Statutory Demands
A statutory demand is a demand sent to a debtor company, requiring that they pay their debts. A statutory demand is a tool used by creditors to pressure a company to pay their…
27.08.20
New Powers for NSW Building Commissioner
NSW Builder Commissioner to shortly acquire significant new regulatory powers The NSW Building Commissioner, David Chandler OAM, will shortly acquire significant new enforcement powers aimed at preventing the sale of defect laden apartments,…
26.08.20
Have you been served with a Bankruptcy Notice?
If you have an outstanding debt that has not been paid, there is a possibility that you may be served with a bankruptcy notice by the person or organisation to whom you owe…
25.08.20
What to do When You Think the Doctor Has Made a Mistake
If you are suffering from an injury after seeing your Doctor or Surgeon, you have a range of options to get your health back on track. However, even doctors make mistakes, and it…
25.08.20
National Redress Scheme v Civil Claims in Historic Sexual Abuse Proceedings
A victim of one of Australia’s most notorious paedophile priests has commenced proceedings against law firm Slater and Gordon. Stephen (who has requested his last name not be used) claims the law firm…
24.08.20
Witnessing Documents & Giving Evidence By AVL
In light of the present Covid situation an issue has arisen with witnessing documents, in particular Affidavits and appearing in Court. The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 under the…
19.08.20
Chamberlains Selection: “You were meant to give me 10 days before terminating!”: Visual v Armitstead (No 2) [2019] NSWCA 280
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Visual v Armitstead (No 2) [2019] NSWCA 280. We will talk about a dispute between property owners…
19.08.20
Chamberlains Selection: “Let’s wind up the trust!”: Baba v Sheehan [2019] NSWSC 1281
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Baba v Sheehan [2019] NSWSC 1281. We will talk about the appointment of a new trustee into…
19.08.20
Chamberlains Selection: “Can’t we pay everyone’s legal fees from the trust?”: Tenterfield Shire Council [2019] NSWSC 1119
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Tenterfield Shire Council [2019] NSWSC 1119. We will talk about a property sold by a council due…
19.08.20
Chamberlains Selection: “I Wasn’t Infringing Your Trade-Mark. It Was Mine!” Karlsson v Griffith [2019] NSWSC 1335
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Karlsson v Griffith [2019] NSWSC 1335. We will talk about trade mark rights and infringements. A trade…
19.08.20
Chamberlains Selection: “Litigating without lawyers?!”: Vintage v Henderson [2019] NSWCA 251
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Vintage v Henderson [2019] NSWCA 251. We will talk about a director who sough to run legal…
19.08.20
Chamberlains Selection: “I’m not sure I’d’ve lost, so I shouldn’t have to pay costs!”: Fearndale Holdings [2019] NSWSC 1895
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Fearndale Holdings [2019] NSWSC 1895. We will talk about the notions involved with a litigation matter finishing…
19.08.20
Chamberlains Selection: “You’re not even saying what I did wrong!”: Coastal Beaches [2019] NSWSC 1681
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Coastal Beaches [2019] NSWSC 1681. We will talk about an application against multiple defendants due to poor…
19.08.20
Chamberlains Selection: “Hey, I want you to pay me a fixed amount of legal costs!”: Hundy v Turner [2019] NSWSC 1881
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Hundy v Turner [2019] NSWSC 1881. We will talk about the appointment of trustees for the sale…
19.08.20
Chamberlains Selection: “Don’t work for them. You promised you wouldn’t!”: Dundeon Pty Limited v Wills [2020] NSWSC 15
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Dundeon Pty Limited v Wills [2020] NSWSC 15. We will talk about the infringement of an employment…
19.08.20
Chamberlains Selection: “I wanted YOU to do that cleaning work!”: Advanced v Daintree [2019] NSWCA 270
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Advanced v Daintree [2019] NSWCA 270. We will talk about parties entering a contract and ultimately infringing…
19.08.20
Chamberlains Selection: “The Company Acted Unfairly! But I Don’t Know What I Want to do About It…”: Carzapp
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Carzapp. Today we consider three company directors who, by their own corporate entities were also the company’s…
19.08.20
Chamberlains Selection: TVED CLE CPD Corporate Oppression – Key Legal Imperatives
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Key Legal Imperatives. This is a longform discussion of the law of Corporation Oppression that I presented…
19.08.20
Chamberlains Selection: “Hey, Court, is it OK if I sell this property?”: KSK Holdings [2019] NSWSC 1463
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Aardwolf [2020] NSWSC 299. We will talk about a liquidator of a company who sought Court directions…
19.08.20
Chamberlains Selection: Young Lawyers CPD Talk: “Let’s get someone else to sell it!”
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of s66G of the Conveyancing Act 1919 (NSW). On Saturday 7 March 2020 I spoke at the Young…
19.08.20
Inheritances in Family Law
When a party to a relationship receives an inheritance during the relationship or around the time of separation, it can create uncertainty and impede negotiations and resolution of your family law matter. In…
19.08.20
Too early to think about Christmas? Think again!
As the world grapples with the pressure and wide-spread impact of the COVID-19 pandemic, in family law, we are now experiencing further delays in the pursuit of relief from the Court. It is…
18.08.20
Chamberlains Selection: “OK, so we’re beneficiaries. But how much do we get?”: Groch v Knights [2018] NSWSC 1365
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Groch v Knights [2018] NSWSC 1365. We will talk about the division of proceeds of a sold…
18.08.20
Spousal Maintenance
In family law, we are often confronted with difficult situations following the breakdown of a relationship. A common scenario is where two people live together in a relationship, one party is the primary…
14.08.20
Chamberlains Selection: “You wanna sue a liquidator? First, you come through us.”: Aardwolf [2020] NSWSC 299
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Aardwolf [2020] NSWSC 299. We will talk about liquidators who acted in a misleading manner after entering…
14.08.20
Chamberlains Selection: “Your Conduct Was Oppressive. I Need a Massage!”: Miao v I Need A Massage Pty Ltd [2019] FCA 1199
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Miao v I Need A Massage Pty Ltd [2019] FCA 1199. We will talk about the break…
14.08.20
Chamberlains Selection: “You’re excluding me, taking money, and competing with the Co!?”: BAM v Imoda [2019] FCA 1192
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of BAM v Imoda [2019] FCA 1192. We will talk about a dispute between brothers of a company…
14.08.20
Chamberlains Selection: “My offer is: you lose.”: Snowden v AMA (No 2) [2020] NSWSC 276
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Snowden v AMA (No 2) [2020] NSWSC 276. We will talk about a compromise implemented in the…
14.08.20
What is a “Business Day” for purposes of effecting service?
If you hear the term “business day” you are likely to assume this means within the hours of 9AM-5PM. This may lead to feeling additional pressure when a document is required to be…
13.08.20
Court approves multi-million dollar settlement of personal injury claim brought on behalf of a person under a legal disability
The Plaintiff’s mother was injured in a motor vehicle accident in New South Wales whilst in her final term of her pregnancy with the Plaintiff. The driver of the other motor vehicle involved…
12.08.20
Bankruptcy FAQ’s
Bankruptcy 1.1 What is bankruptcy? Bankruptcy is a legal process which declares that a person is unable to pay their debts. It can absolve them of most debts and allow the person to…
12.08.20
Labour Hire Employers Pay for Failing to Meet Workplace Obligations
The Australian Building and Construction Commission (ABCC) conducts regular audits of labour hire employers to ensure that they are meeting their obligations under Australian workplace laws. However, the most recent audit of 63…
12.08.20
Chamberlains Selection: “I promise that I’ll pay. Unconditionally!”: Cao v Zhu [2020] NSWSC 321
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Cao v Zhu [2020] NSWSC 321. We will talk about payment commitments between a property developer and…
12.08.20
Chamberlains Selection: “Stop saying disparaging things!”: ORKO v McClymont [2020] NSWSC 379
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of ORKO v McClymont [2020] NSWSC 379. We will talk about the features of an interlocutory injunction and…
12.08.20
Chamberlains Selection: “The liquidator personally, or the company?”: Azmac Pty Limited (No 2) [2020] NSWSC 363
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Azmac Pty Limited (No 2) [2020] NSWSC 363. We will talk about how a company’s liquidator can…
12.08.20
Chamberlains Selection: “Dissolving the partnerships, fine. But what next?”: Murray v Feros [2019] NSWSC 260
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Murray v Feros [2019] NSWSC 260. We will talk about a group of 6 pharmacies who dissolve…
12.08.20
Chamberlains Selection: “So are we in partnership, or not?”: Jafari v 23 Developments [2019] VSCA 201
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Jafari v 23 Developments [2019] VSCA 201. We will talk about a company partnership facing a property…
12.08.20
Chamberlains Selection: “Can we get the Court’s permission to appeal?”: Carpenter v Pioneer Park [2008] NSWSC 551
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Carpenter v Pioneer Park [2008] NSWSC 551. We will talk about a member of a company placed…
12.08.20
Chamberlains Selection: “You’re too poor to stand in their shoes!”: Sundara Pty Limited [2015] NSWSC 1694
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Sundara Pty Limited [2015] NSWSC 1694. We will talk about a shareholder who sought leave to bring…
12.08.20
Chamberlains Selection: “I want indemnity costs for the whole thing!”: Cao v Zhu (No 2) [2020] NSWSC 647
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Cao v Zhu (No 2) [2020] NSWSC 647. We will talk about a rejected settlemtn by which…
12.08.20
Chamberlains Selection: “The directors aren’t paying any rent!”: Vicad Pty Limited [2011] NSWSC 166
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Vicad Pty Limited [2011] NSWSC 166. We will talk about a shareholder who applied to the Court…
12.08.20
Chamberlains Selection: “Let’s Make the Company Chase the Directors!”: Global Advanced Metals [2019] NSWSC 1804
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Global Advanced Metals [2019] NSWSC 1804. We will talk about a minority shareholder in a tantalum producing…
12.08.20
Chamberlains Selection: “We’ve lost the original trust deed!”: Sutton v NRS(J) [2020] NSWSC 826
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Sutton v NRS(J) [2020] NSWSC 826. We will talk about the absence of a original trust deed…
11.08.20
Chamberlains Selection: “When Won’t Costs Follow The Event? (Sort of.)”: Bicher Pty Ltd [2020] NSWSC 878
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Bicher Pty Ltd [2020] NSWSC 878. We will talk about two shareholders who sued each other to…
11.08.20
Chamberlains Selection: “Should we wind it up, or nah?”: Docklands Chiropractic [2020] VSC 364
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Docklands Chiropractic [2020] VSC 364. We will talk about an interlocutory hearing concerning the possibility of winding…
11.08.20
Deceased Estates and Bankrupted Beneficiaries
Covid-19 has no doubt added financial pressure and financial uncertainty to many people who have been stood down, lost their jobs or businesses. An inheritance from a deceased estate during this time may…
10.08.20
Selling Your Business? Make it a “going concern” please.
A “going concern” is an Australian Tax Office (“ATO”) invention that allows the sale of a business to be a GST-free transaction. It is always highly desirable to both buyer and seller in…
06.08.20
Chamberlains Selection: “Stop the company paying a dividend. Right now!”: Barjeba v Bogg [2020] WASC 195
Welcome to today’s Chamberlains Selection, where we will discuss with James d’Apice on the matter of Barjeba v Bogg [2020] WASC 195. We will talk about an alleged shareholder who sought an immediate…
05.08.20
What is the role of an Independent Children’s Lawyer?
An Independent Children’s Lawyer (ICL) is appointed by the Court under s 68L of the Family Law Act 1975 or upon application of a party to represent and promote the best interests of…
29.07.20
Section 60I Certificate Explained
What is a Section 60I Certificate? Pursuant to the Family Law Act 1975, parties are required to make a genuine effort to resolve their parenting dispute through Family Dispute Resolution before commencing Court…
28.07.20
How to File a Patent Overseas
An Australian patent is a written document that discloses your invention and, if granted, provides you with the exclusive right to exploit your invention in Australia. Depending on your type of invention or…
28.07.20
Compensation for raising a child with disabilities – Nouri v Australian Capital Territory
Nouri v Australian Capital Territory [2020] ACTCA 1 (13 February 2020) The ACT Court of Appeal has upheld the primary judges’ findings that the appellant parents could not establish, on the balance…
28.07.20
Filing a Design Overseas
In order to protect a design overseas, an application for your design must be made in each country you desire protection. Each country has different requirements with variations in laws, fees, procedures, and…
27.07.20
NSW Government Abolishes Stamp Duty to Boost Construction Industry
1. Ministerial order revises industry operating hours 1.1. The New South Wales Government has announced they will temporarily axe stamp duty on new homes under $800,000.00 in an attempt to encourage growth in…
23.07.20
Indicators of Insolvency
Often, it is difficult to determine whether a company is insolvent or is at risk of becoming insolvent. The case of ASIC v Plymin, Elliott & Harrison [2003] VSC 123 assists in determining…
22.07.20
Fundamentals of the Divorce Process
A Divorce is a court order which terminates a marriage. To apply for a Divorce, you must first ensure that your their marriage is legal. The Marriage Act 1962, sets out a number…
21.07.20
What is a Notice of Risk?
We are often asked why the ‘Notice of Risk’ form is required to be filed when neither party is alleging risk or family violence in parenting matters. Pursuant to s68N of the Family…
20.07.20
Motor Accident Compensation in NSW: Part 8
This article continues our series on motor accident compensation in NSW. You can read about other matters of particular relevance to NSW Trustee and Guardian (NSWTG) clients in part 7 found here. In…
16.07.20
What is a De Facto Relationship?
A de facto relationship is defined in the Family Law Act 1975 Act (Cth) as being a relationship between two people of the opposite or same sex who live together on a genuine…
15.07.20
The Limits of Canberra’s Cannabis Legalisation
In a first for Australia, the ACT has become the country’s only jurisdiction to legalise low-level personal cannabis possession and cultivation. Before getting too excited or outraged, depending on your stance on this,…
14.07.20
New Sydney Address
We’ve moved! Chamberlains Law Firm is delighted to announce that as part of our commitment to continued growth, our Sydney staff has moved to a new office location. The move marks another year…
13.07.20
Civil Procedure Changes in the WA Magistrates Court
As at 1 June 2020, civil procedure in the WA Magistrates Court has changed in an attempt to contemporise and bring the procedure in line with other states, but also in an attempt…
10.07.20
How to file a patent in Australia
Firstly, a patent is drafted by a Patent Attorney. Once drafted, the patent is then filed online with IP Australia. There are three main types of patent applications that can be file in…
09.07.20
Discretionary Trust Duty and Land Tax Surcharges
If you have a Discretionary Trust that owns land in New South Wales or which may own land in the future, you need to act BEFORE 31 DECEMBER 2020 to amend your Trust…
07.07.20
Common Conveyancing Terms Explained
When you are buying or selling a property a lot of different terms can be thrown around. Here is an easy reference guide to help you through the process: Caveat A Caveat is…
03.07.20
Bill Passed for Director Identification Numbers
Legislative reforms affecting the accountability of company directors of have been introduced with the passing of the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 (the Bill). The Bill has been…
03.07.20
In The Matter of RCR Tomlinson Ltd
The recent decision of the Supreme Court of New South Wales in In the matter of RCR Tomlinson Ltd (administrators appointed) and Ors [2020] NSWSC 735 (RCR Tomlinson) has clarified the characterisation of…
01.07.20
Enforcement in ACT
If you have obtained a judgment in your favour in an ACT Court or Tribunal with respect to a money order, you as the enforcement creditor will have various options to enforce that…
30.06.20
Creditor-Defeating Dispositions
A creditor-defeating disposition occurs when a company, who is being wound up, transfers property or other high value assets for much less than the current market value of those assets. Typically, these actions…
24.06.20
Motor Accident Compensation in NSW: Part 7
Other Matters of Particular Relevance to NSWTG Clients. This article continues our series on motor accident compensation in NSW. You can read about the motor accident compensation Medical Assessment Services in part 6…
23.06.20
High Court Broadens the Definition of Company Officer
A recent decision handed down by the High Court of Australia has shed light on the scope of what constitutes the definition of an ‘Officer’ of a corporation. In the matter of ASIC…
18.06.20
Buying a house in the ACT
This guide explains the basic steps involved when buying a property in the ACT. We’ve included the responsibilities of everyone involved so that you understand what you need to do. Also included are…
16.06.20
Buying an Investment Property
If you are buying an investment property, most people buy this in their personal names in order to obtain the negative gearing tax deduction. If you are in a high risk profession or…
15.06.20
Motor Accident Compensation in NSW: Part 6- Medical Assessment Services
This article continues our series on motor accident compensation in NSW. You can read about the motor accident compensation Dispute Resolution Services in part 5 found here. Medical Assessment Service The Medical Assessment…
10.06.20
Priority of Caveatable Interests
If you are a secured creditor of a debtor, you may be able to lodge a caveat over the debtor’s property. There remains some uncertainty however who gets priority in terms of payment…
09.06.20
What Constitutes Conversion of Assets? An Important Reminder of an Owner’s Right to Immediate Possession
Shingle Inn Franchisor Pty Ltd & Anor v Franchisee Coffee Pty Ltd & Anor [2020] NSWDC 142 The matter was heard before His Honour Judge J D Smith SC and the decision was…
04.06.20
HIA & Chamberlains Back to Business Post COVID-19
As we’re beginning to see the light at the end of the COVID-19 tunnel, many are asking themselves how to get back to business after the interruption. How will revenue streams be affected?…
04.06.20
ACT Stamp Duty Concession Update
From 4 June 2020, the ACT Government is waiving stamp duty for buyers of new land and off the plan units. The waiver will apply to contracts exchanged between 4 June 2020 and…
04.06.20
COVID-19 and Unfair Preference Claims: Part 1
In these unprecedented and economically stressful times we face as a nation, many organisations will struggle to survive in the short, and ultimately, long term. Thousands of Australians may have or will lose…
03.06.20
Settlement Day When Buying a Property in the ACT
What is settlement day? Property settlement (also known as “completion date”) is the date when a property transfers from one owner to another. These legal requirements can be complex, which is why most…
29.05.20
Part 4 of 4 Debt Recovery in the Local Court
Part 4: Bankruptcy and Winding Up To conclude our 4 part series on debt recovery in the Local Court of New South Wales, we will consider the avenues of winding up and bankruptcy…
28.05.20
Buying your principal place of residence
It is very important that you establish exactly who the owners of the property are going to be before you sign the Contract. Most people buying their principal place of residence will usually…
26.05.20
‘Casual’ employees eligible to ‘double dip’ for employee entitlements
A recent decision handed down by the Federal Court of Australia has revised the entitlements that ‘casual’ workers are eligible to. In the matter of WorkPac Pty Ltd v Rossato [2020] FCAFC 84,…
24.05.20
French v Bremner [2020] NSWCA 77
A recent decision handed down by the NSW Court of Appeal has shed light on several civil procedures of the Court. In the matter of French v Bremner [2020] NSWCA 77, the NSW…
24.05.20
Liquidator Admits Proof of Debt of Related Companies
A recent case in the Federal Court of Australia (Federal Court) has shed light on the admissibility of a proof of debt by a liquidator regarding related companies. In the case of Barnden…
24.05.20
COVID-19 – Early Access to Superannuation Payments Protected for Bankrupts
As part of the economic response to the COVID-19 pandemic, the Government has allowed temporary early access to superannuation. Individuals who have been significantly financially affected by the Coronavirus and satisfy the eligibility…
21.05.20
Debt Recovery in the Local Court of New South Wales – Part 3 of 4
Part 3: Garnishee Orders There are two main types of Garnishee Orders which are issued in the Local Court. These include the Garnishee Order for Debts and Garnishee Order for Wages or Salary….
20.05.20
Deciding How To Fund Your Start-up
There are hosts of options for Patent funding, however when seeking funding there are a couple things that should be considered; You must have contingencies; nothing will make a venture more difficult than…
19.05.20
Barboutis v The Kart Centre
A recent decision handed down by the Supreme Court of Western Australian has highlighted the weak findings in the qualification of directors, creditors and companies’ solvency in the absence of evidence. In the…
14.05.20
Chamberlains LawCast: Developments in Testamentary Trusts and Asset Protection Law – pt. 2
In this episode we get to listen to part two of a three part series covering Developments in Testamentary Trusts and Asset Protection Law with Chamberlains’ Managing Director Stipe Vuleta and Paralegal Kody…
12.05.20
From Weak Evidence to Adverse Costs
A recent decision handed down by the Supreme Court of the Australian Capital Territory (ACTSC) has shed light on the substance and evidence necessary for a Statement of Claim to be adequately pleaded….
12.05.20
Debt Recovery in the Local Court of New South Wales – Part 2 of 4
Part 2 – Writ for the Levy of Property: One of the most common forms of enforcement in the Local Court of New South Wales includes the Writ for the Levy of Property….
11.05.20
COVID-19 – ACT update on Commercial and Retail Leases
The leasing Mandatory Code of Conduct (Code) detailed in our previous article (https://chamberlains.com.au/update-on-leasing/) is now binding in the ACT. The Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2020 became law on 12…
08.05.20
Corporations Act modified for the use of technology
The Treasurer of Australia has issued a legislative instrument modifying certain provisions of the Corporations Act 2001 (Cth) (the Act). The modifications have been implemented in response to several practical restrictions that have…
05.05.20
Chamberlains LawCast – Business Management in Times of Crises
In this episode Kody Fletcher is joined by Stephen Groves, Director at Quinn M&A and Stipe Vuleta, Managing Director of Chamberlains Law Firm. Listen to this special episode of Chamberlains LawCast to…
04.05.20
Arbitration in Family Law Matters
On 16 April 2020 the Chief Justice of the Family Court and Federal Circuit Court of Australia announced the establishment of a new specialist list in each Court, to be known as the…
04.05.20
JobKeeper Disputes
The Fair Work Commission is responsible for applying provisions of the Fair Work Act 2009, Fair Work (Registered Organisations) Act 2009, and includes powers to deal with some disputes about the JobKeeper payment…
30.04.20
Family Law Courts, Family Violence and COVID-19 Response
The Family Law Courts have just announced the introduction of a court list dedicated to deal exclusively with urgent parenting-related disputes that have arisen due to the COVID-19 pandemic. The list will commence…
30.04.20
Stopping the Phoenix Illegally Rising from the Ashes
Major legislative reforms for companies and directors have been introduced with the passing of the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019. The amendment was passed by both houses of Parliament on…
30.04.20
Witnessing Documents – Covid-19 Response
As we have all learnt to transition into a new area of telephone and audio video link conferencing, a hurdle has arisen with witnessing Affidavits. This has also proven particularly difficult with people…
29.04.20
COVID-19 – NSW update on Retail and Other Commercial Leases
The leasing Code of Conduct detailed in our previous article (https://chamberlains.com.au/update-on-leasing/) is now binding in NSW. The Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) became law on 24 April 2020, which…
28.04.20
Debt Recovery in the Local Court of New South Wales – Part 1 of 4
Part 1 – Examination: Once a judgment has been obtained in the Local Court, there are several processes which can assist in recovering the debt. This four part series will take you through…
28.04.20
Design Registration
Intellectual Property: Design A design registration is a unique asset that protects the way a product looks. A design registration protects the overall appearance of a product and gives the owner enforceable rights…
28.04.20
Chamberlains LawCast: Developments in Testamentary Trusts and Asset Protection Law – pt. 1
Welcome to the new season of Chamberlains LawCast! In this episode we get to listen to part one of a three part series covering Developments in Testamentary Trusts and Asset Protection Law with…
23.04.20
Boensch v Pascoe
The High Court of Australia has provided practical guidance for trustees in cases of bankruptcy and the presumptions of the Court in regards to the lodging of caveats. In the matter of Boensch…
20.04.20
Unsure about your insurance rights in light of COVID-19?
There is a lot of ambiguity surrounding whether or not your insurance policy will respond to the current pandemic affecting so many businesses. We understand that the message to the market is that…
20.04.20
Voluntary Administrators Given Two-Week Hall Pass on Commercial Rents
Justice Markovic of the Federal Court has recently granted voluntary administrators from Deloitte a short-term waiver from personal liability for rent in the administration of the Colette clothing group – see Strawbridge (Administrator), in…
16.04.20
Flat Broke Legends
How do you prove insolvency without a presumption of insolvency arising out of an expired statutory demand? The recent decision of Queensland Phosphate Pty Ltd v Korda [No 2] [2019] VSCA 215 provides…
15.04.20
ATO Debt and Director’s Penalty Notices
If your company owes the ATO a debt, a Director’s Penalty Notice (DPN) may be issued. First: What is the debt? Is the ATO debt a GWL Debt? A GWL debt incorporate the…
09.04.20
Working from home because of COVID-19 restrictions? Tax shortcut is now readily available for you
Claiming tax deductions is being simplified and more accessible for people working from home. The Australian Taxation Office (ATO) has devised a new method for work-related tax deductions in light of more people…
08.04.20
COVID-19 – Update on Commercial, Retail and Industrial Leasing
The Prime Minister announced yesterday that the states and territories have agreed to implement a mandatory Code of Conduct that deals with commercial leasing. It would be legislated in the ACT by the…
07.04.20
The Impact of Intellectual Property on Medical Development
The medical industry is one of the largest markets of our time, and is arguably one of the most beneficial to our society. The global healthcare market is expected to reach just shy…
06.04.20
Chamberlains Law Firm Continues Expansion and Opens New Perth Division
Chamberlains Law Firm announces the opening of a new Perth office, adding to the current locations in Canberra, Sydney and Newcastle. Newly hired Tihana Nevjestic will head the Perth division situated in AMP…
06.04.20
Business Crisis Management Package
Business Crisis Management Packages in light of COVID-19 COVID-19 is having an unprecedented impact on all businesses. Businesses must be pro-active in their response to this crisis, with a view to both short-…
03.04.20
Ministerial Order Revises Industry Operating Hours
Yesterday, the NSW Planning and Public Spaces Minister, Rob Stokes, announced new rules to support the construction industry during the COVID-19 pandemic: The Environmental Planning and Assessment (COVID-19 Development – Construction Work Days)…
03.04.20
COVID-19 – ACT Commercial and Retail Leasing Update
The ACT Legislative Assembly has passed the COVID-19 Emergency Response Bill 2020, which temporarily amends the Leases (Commercial and Retail) Act 2001 (“Leases Act”). What does this bill change? The changes allow the…
02.04.20
Travel Restrictions Impact on the Caravan Industry
The Covid-19 outbreak has impacted many individuals, businesses and industries internationally. The travel and tourism industry have been one of the worst affected industries due to Government imposed restrictions on travel. In this…
01.04.20
Coronavirus Economic Response Package
On 23 March 2020, the Australian Government successfully passed the Coronavirus Economic Response Package Omnibus Act 2020 (Act). The corresponding bill, having only been announced one day prior, was fast tracked through Parliament…
31.03.20
Construction & Engineering Sectors of NSW Safe From Shutdown… For Now?
In the wake of the COVID 19 pandemic, the NSW Treasurer Dominic Perottet MP has confirmed that the NSW Government’s infrastructure program will continue. On 23 March 2020, Mr Perrottet MP issued a…
30.03.20
COVID-19 – Commercial Leasing Update
Over the weekend the Prime Minister Scott Morrison announced an agreed set of principles that deals with commercial tenancies, which will be later legislated by the states and territories. What are the agreed…
26.03.20
Utilising Safe Harbour Provision During Times of Crises
COVID-19 and Utilising Safe Harbour Provisions: Safe harbour provisions provide an exception to business directors from liability when trading as insolvent when the company is establishing a course of actions, such as a…
26.03.20
How Do I Identify a Trade Mark?
A trade mark communicates your brand and businesses identity to the public, and acts as a strong marketing tool that shows clients and consumers who you are. You can help the public identify…
26.03.20
Chamberlains Launches New Intellectual Property Practice
Media release. Chamberlains Law Firm announces the launch of a new Intellectual Property (IP) practice. The new practice continues the expansion of Chamberlains’ full-service offer to provide creative and specialised advice for…
25.03.20
COVID-19 – Its effect on tenants, landlords and related contracts
Following the recent outbreak of the Coronavirus (COVID-19) pandemic, many nations have reacted with drastic measures in a bid to limit the contagion. In Australia, the most recent measures include the indefinite closure…
24.03.20
Adapting Business Management Strategies in light of COVID-19
The COVID-19 outbreak has posed many challenges for business owners. However, simply responding to this is shortsighted and a long-term management strategy in light of crisis is integral. Besides this outbreak, Australia alone…
22.03.20
Local Court of NSW – Updates due to Covid-19
Summary of the policy updates that has been made due to Covid-19 in the Local Court of New South Wales. Arrangements to be by teleconference/audio visual link (AVL) Wherever possible all appearances…
22.03.20
Supreme Court of NSW – New Policies Due to Covid-19
Summary of the policy updates that has been made due to Covid-19 in the Supreme Court of New South Wales. Effective from Monday, 23 March 2020 Jury trials All new Supreme Court of…
19.03.20
COVID-19, Business Interruption and Holdings DOCAs
As many of our readers will know from previous posts by our Sydney and Canberra Insolvency and Restructuring Lawyers, in June 2018 the High Court of Australia confirmed the validity of holdings DOCAs…
19.03.20
Are you prepared for isolation due to COVID-19?
In recent times we have seen large scale panic in the supermarkets with people preparing for potential isolation due to the ever-increasing spread of the coronavirus in Australia. However, have you considered whether…
18.03.20
Having Capacity To Make A Will
It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of…
16.03.20
Has The Judicial Officer Made it Clear What He/She is Deciding, And Why?
BBQ Smokers Australia Pty Ltd Mainfreight International Pty Ltd [2019] NSWSC 1733 APPEAL FROM LOCAL COURT — Local Court Act 2007 (NSW) — Assessment by Magistrate of economic loss — Whether Magistrate erred in determining…
13.03.20
Selling a house in the ACT
Introduction This guide explains the basic steps involved when selling a property in the ACT. We’ve included are some notes on timing as well as some tips to ensure the purchase of your…
12.03.20
What is Power of Attorney?
A Power of Attorney is a legal document that appoints a trusted person your attorney. Your attorney has the legal authority to do what you can do, and make legally binding decisions on…
12.03.20
Discount Offer on all Wills & Estate Packages
Chamberlains are offering a 15% discount on all Wills & Estate Packages* *To take advantage of this limited offer, initial instructions and payments must be received in advance, no later than 30 April…
04.03.20
What to do if you are left out of a Will
The loss of a family member is always a difficult time, but it can become more distressing to learn that you have not been included in the family member’s Will or if you…
04.03.20
Family Court: Is Merging Really the Right Solution?
In early August 2019, Attorney-General, Christian Porter (Mr Porter) announced to the Family Court and Federal Circuit Court judges, his plans to reintroduce legislation to abolish the specialist Family Court of Australia as…
02.03.20
“But we had a deal!” – Why you should formalise your property settlement.
In the best-case scenarios, separating couples are able to agree on how to separate their assets. When they do so, we are often asked the question, “If we already agree, do we need…
18.02.20
Claiming Costs in ACAT
The ACT Civil and Administrative Tribunal (ACAT), unlike the Courts system generally, is well known as for being a ‘no costs’ jurisdiction, meaning that each party bears their own legal costs. This is…
13.02.20
Motor Accident Compensation in NSW: Part 5- Dispute Resolution Services
This article continues our series on motor accident compensation in NSW. You can read about the specific features of the Motor Accidents Injuries Act 2017 (“MAIA“) in part 4 found here. Dispute Resolution…
11.02.20
George Calombaris’ Restaurant Group MAdE Enters Voluntary Administration
On the tail of an ongoing scandal around worker’s wages, former Master Chef judge George Calombaris announced yesterday that the MAdE Establishment restaurant group (Made Group) was placed into voluntary administration. Administrators from…
10.02.20
Consent Orders or Parenting Plans to document your parenting agreement?
Managing parental rights and responsibilities is a crucial concern for separating parents. Following separation, parents are presented with different possible ways to record agreements regarding the parenting arrangements for their child or children….
07.02.20
Family Law Courts New Practice Direction
On 28 January 2020 a new practice Direction was issued by the Chief Justice of the Family Court of Australia / Chief Judge of the Federal Circuit Court of Australia setting out 10…
04.02.20
Legal Professional Privilege Over Company Documents in Liquidation
An important function of the Courts is to determine which documents can and cannot be used as evidence in a proceeding. An important class of documents that cannot be used are those protected…
31.01.20
Parental Responsibilities and Child Rights
There is a common misconception surrounding parental rights in family disputes that many people who are unfamiliar with the family law system often fall prey to. Parents often assume they have rights when…
28.01.20
Jurisdiction- An Important Consideration for International and Interstate Contracts
In circumstances where business agreements between companies cross international (or even state) borders, there are issues that can arise from any dispute that are often not thought about in times of growth and…
24.01.20
Who Owns Your Digital Assets When You Die?
The short answer is the ‘the company behind the digital platform’. For example, Instagram, Facebook and Twitter. But first, what are digital assets? You may not know this, but your Facebook and Instagram…
23.01.20
The New Off-The-Plan Contract Requirements in NSW
Recently, there have been some changes to the Conveyancing Legislation (Amendment) Act 2018 (New South Wales) and the Conveyancing (Sale of Land) Amendment Regulation 2019 (NSW). The changes, which took effect from 1…
22.01.20
Chamberlains Enters Family Law and Expands to Newcastle Market
Chamberlains Law Firm can proudly announce the incorporation of Yeend and Associates, a specialised Family Law Firm, into its growing practice. Family Law is now a part of Chamberlains’ full-service offer along with…
20.01.20
Motor Accident Compensation in NSW: Part 4- Specific Features of the MAIA
This article continues our series on motor accident compensation in NSW. You can read about the procedural requirements of the motor accident compensation scheme in part 3 found here. The 2017 legislation sets…
17.01.20
Deeds and How to Execute Them – Counterpart Signatures on Behalf of a Corporation May Not Be Valid
Recently, the Supreme Court of South Australia has cast doubt on the execution requirements under section 127 of the Corporations Act 2001 (Cth) (Act). Section 127(1) provides for valid execution of a document…
16.01.20
ASIC’s Corporate Governance Taskforce
Good corporate governance is important for businesses of all sizes, from small businesses to large publicly traded companies. Most recently and notably, the financial services sector was subject to the Banking and Financial…
14.01.20
Executor’s Duties
Have you been appointed as an executor in someone’s Will? Are you aware of your duties and obligations when acting as an executor of an estate? Do you know how to protect yourself…
12.01.20
Divorce and Separation – Navigating emotionally treacherous waters
Relationships are complicated and marriages even more so, but when they end, they have the potential to place your life in a stall. Relationships mean different things to different people but it is…
09.01.20
Motor Accident Compensation in NSW: Part 3- Procedural Requirements Under the MAC Act
This article continues our series on motor accident compensation in NSW. You can read about the modern motor accident compensation scheme in part 2 found here. Generally speaking, the procedural requirements under the…
08.01.20
Discretionary Trusts Tax Surcharge
The NSW State Government has recently introduced State Revenue Legislation Further Amendment Bill 2019 (Bill) into Parliament, which contains a number of provisions that could have a major impact on NSW property owners….
07.01.20
Estate Planning vs. Will Drafting
Making a Will is the best way to ensure your wishes are observed and to prevent potential disputes regarding your Estate and affairs. It also provides security for loved ones and can help…
19.12.19
Shareholder Oppression: What Is the Threshold?
Recently, the Victorian Supreme Court handed down their judgment in Pacific Dairies Limited v Orican Pty Ltd [2019] VSC 647 (Pacific Dairies). The case illustrates the unwillingness of Courts to interfere in cases…
17.12.19
Legal professional privilege and the dominant purpose test
Douglas v Morgan [2019] SASFC 76 Legal professional privilege may be exercised by clients in a lawyer-client relationship, to protect communications of a confidential nature, which were brought into existence for the dominant…
12.12.19
Time Is Running out to Enact a Workplace Whistleblower Policy: New Requirements for Public Companies
The new whistleblower reforms were introduced into law from the beginning of the 2019 financial year with the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Amendment Act). The Amendment Act aims…
09.12.19
When Are an Insurer’s Contractual Obligations Discharged Under a Policy?
Royce v Youi Pty Ltd [2019] QCA 193 Insurance companies are in constant dispute with their customers in relation to the progress and finalisation of their claims. From when an insurance claim is…
06.12.19
Pelvic Mesh Class Action- Medical Product Liability
On 21 November 2019, over two years after its commencement, the Federal Court of Australia handed down its monstrous 1500-page, 520,000-word decision in the medical product liability class action known as Gill v…
02.12.19
Pty & Ltd – What Does It Actually Mean?
Do you often see the terms ‘Pty’ and ‘Ltd’ at the end of a business name? Do you sometimes wonder what they might actually mean? A vast majority of people might know that…
29.11.19
Motor Accident Compensation in NSW: Part 2- The Modern Scheme
This article continues our series on motor accident compensation in NSW. You can read about the history of motor accident compensation in part 1 found here. The Scheme Today The Motor Accidents Compensation…
19.11.19
Motor Accident Compensation in NSW: Part 1- A History of Third-Party Insurance Schemes
My aim in this series of articles is to give you a practical understanding of the motor accident compensation scheme as it is now, with particular reference to what is necessary in considering…
06.11.19
Unfair Preference Claims in Liquidations: How to make out a Defence?
A recent matter before the Supreme Court of Queensland Court of Appeal has provided clarity on the establishment of a s588FG(2) Corporations Act 2001 (Cth) defence to an unfair preference claims. The topical…
06.11.19
Are You Buying A Unit in Canberra?
Are you thinking of buying a unit in Canberra? If you intend to live in your unit or rent it out to tenants, you need to know what the place is like to…
04.11.19
The Future of Illegal Phoenixing
The Treasury Law Amendment (Combating Illegal Phoenixing) Bill 2019 (the Bill), after initially being introduced in February 2019, has now re-surfaced. In its current form, the Bill is slated as a countermeasure to…
03.11.19
Is There “Some Other Reason” To Set Aside A Statutory Demand?
A recent decision handed down in the Supreme Court of New South Wales has shed light on new reasons for why a Court may set aside a creditor’s statutory demand that is served…
21.10.19
Amendments to the Security of Payment Act
The Building and Construction Industry Security of Payment Amendment Act 2018 No 78 (NSW) (Amendment Act) has come into force today, 21 October 2019, bringing with it substantial changes to the Building and…
13.10.19
Is Voluntary Administration Really Voluntary?
When a company is experiencing a shortage of business opportunities, overwhelming tax or superannuation liability, or unmeetable loan or bill payments, that company may be nearing insolvency. Insolvency is defined as being unable…
11.10.19
Ombudsman launches Insolvency Practices Inquiry
It is no secret that insolvency processes such as liquidation and external administration can be financially burdensome and extremely stressful for all those involved. What can often be neglected is how these processes…
09.10.19
Case Note: Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685
EXECUTIVE SUMMARY Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685 breaks new ground with respect to the definition of an “other arrangement” under the Building & Construction Industry Security of…
09.10.19
The Matter of Brimson: Application of the Amerind Decision
On 25 June 2019, Justice Moshinsky of the Federal Court of Australia heard an application in the matter of Brimson Pty Ltd (in liquidation) seeking that the liquidator be appointed as receiver and…
09.10.19
Re Amerind: Implications for Insolvent Trading Trusts
The recent decision of the High Court of Australia in Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 (Re Amerind) marks the end of a saga with significant implications…
01.10.19
New Gift Card Laws that Businesses Must be Aware Of
From 1 November 2019 new laws will come into force that place additional restrictions on gift cards that business can sell or supply to their customers. It is crucial that business owners understand…
16.09.19
Chamberlains Lawcast Now Live
We are pleased to announce the launch of our weekly Podcast, Chamberlains Lawcast. Our use of real-world understanding, nationally-recognised expertise, and straightforward advice, provides you with the information you need to know to…
11.09.19
The Release of Deposit Conundrum
A deposit under a contract for the sale and purchase of land is paid at the time of exchange of contracts and is a sign of intent by the purchaser to complete the…
11.09.19
‘Kimono’, indigenous culture, and trade mark laws – what cultural elements can be trade marked? – Part 1
Ms Kim Kardashian-West caused a stir last month for co-opting the use of the Japanese word ‘Kimono’ for her new brand of shapewear clothing. A kimono is a traditional Japanese dress that is…
09.09.19
The Measure of Damage for a Hire Vehicle
Case Note – The Measure of Damage for a Hire Vehicle Nguyen -v- Cassim [2019] NSWSC 1130 The Supreme Court of New South Wales has again been called upon to deal with the…
06.09.19
Jeffrey Epstein’s Last-Minute Will
On 10 August 2019, renowned U.S. financier Jeffrey Epstein was found dead in his New York prison cell, where he had been awaiting trial on sex trafficking and conspiracy charges. Just two days…
05.09.19
Terminating a Winding-up Application
A recent decision handed down in the Supreme Court of New South Wales has shed light on the amount of evidence required to successfully terminate a winding-up application brought against a company in…
03.09.19
Subway Taking Bites out of Employees’ Wages
Subway is under investigation by the Fair Work Ombudsman over employee underpayments and mistreatment of franchise owners. Subway’s franchise numbers have began to dwindle over the past 4 years, with 1 out of…
23.08.19
Are You Thinking About Buying a Unit or Apartment Off the Plan?
Buying off the plan involves securing a property using a Contract for Sale on an unconditional basis before the building has been constructed or completed. Although it may feel different buying a property…
20.08.19
Equitable Contribution & Insolvent Trading Liability Arising From Settlement
I’m Taking You Down With Me In June 2018, the liquidator of Takema Investments Pty Ltd was ultimately successful in bringing forward a proceeding against a former director of the company, Mr Kerry…
20.08.19
Gift Cards and Insolvency: Options for Recovery
When a retail company announces it is insolvent and entering into voluntary administration or liquidation, many loyal customers may be left unsure about their right to redeem gift cards, and rely on lay-bys…
08.08.19
Are You a First Time Home Buyer?
Many first home buyers in the ACT are not aware of the new Stamp Duty changes that came into effect on 1 July 2019. Prior to 1 July 2019, first home buyers were…
08.08.19
Which Creditors’ Interests are “More Equal than Others”?
A recent decision handed down in the Supreme Court of New South Wales has shed some light on which creditors’ interests will be given greater weight when considering an adjournment of a winding…
05.08.19
Caveats: Beware the Unforeseen Risks
Caveats are one of the most recognisable forms of land dealings across the Australian States and Territories. However, they are also widely misunderstood. Most commonly, caveats are used to help secure debts owed…
02.08.19
Neil Armstrong: First Man on the Moon’s Death Likely the Result of Medical Negligence
You would think Neil Armstrong would receive medical care that was out of this world. However, recent investigations have revealed that the first man on the moon’s death may have been the result…
01.08.19
“The Golden Bowl is Broken”: Bob Hawke & the Dispute over his Will
Australia’s longest-serving prime minister passed away on May 16 at the age of 89. Now, a few months after the former PM’s death, his family is entering into a legal dispute over his…
30.07.19
Fairness in Franchising and the Government’s New Special Taskforce
Earlier this year in March, the Australian Parliamentary Joint Committee on Corporations and Financial Services handed down its 369-page report called ‘Fairness in Franchising’ (Report). The Committee’s inquiry has generated some controversy throughout…
17.07.19
Smoking Gun – Employees’ Dismissal Upheld for Stolen Cigarettes
A recent decision by the Fair Work Commission (FWC) has outlined the evidentiary burden to be met by employers when dismissing employees for misconduct. The FWC upheld the dismissal of two employees involved…
12.07.19
Big Enough Fish: Changes to Financial Thresholds for Reporting Requirements for Proprietary Companies
The Treasury has recently implemented amendments to the Corporations Regulations 2001 (Cth) (under the Corporations Act 2001) regarding the reporting burdens on small to medium sized companies, increasing the thresholds for the first…
18.06.19
Termination of Unwanted Trusts
The rule in Saunders v Vautier (1841) 41 ER 482 provides a mechanism by which beneficiaries can terminate an unwanted trust by giving a suitable notice to their trustee. That case laid down…
13.06.19
Using ™ and ® – What are the Differences?
What is a trade mark and how are they signified? You have probably seen superscript symbols above famous logos and may think they are interchangeable. However, as with many things in the law,…
17.05.19
Need For A Hire Vehicle – The True Test
Seung Huyn Lee -v- Leisa Strelnicks [2019] NSWSC 526 After at least a decade of constant litigation in the Local Court of New South Wales, insurers and hire car companies have finally been…
06.05.19
NSW Supreme Court Case Declares Fresh Reference Dates For Contractors
What is a reference date? Section 8(2) of the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (Act) defines a reference date as follows: A date contained in the contract on…
29.04.19
A Question of Costs.
On 10 April 2019 his Honour Dicker handed down a decision as to the question of costs in the matter of Zhang -v- Harmstorf. The substantive matter was in relation to a breach…
29.04.19
Clive Palmer, Twisted Sister and Kookaburras: Copyright Infringement in Music
Clive Palmer’s United Australia Party is the latest political party to be the subject of a copyright claim for use of music in an advertising campaign (after Eminem successfully sued the New Zealand…
11.04.19
When is a Waiver not Enough?
It is a common misconception that a waiver in a contract will protect an equine professional from any and all liability when someone is hurt (or dies) whilst engaged in an equine related…
19.03.19
Disposing of Agisted Horses: ACT v New South Wales
Agisting horses can bring about a range of difficulties when owners neglect paying invoices. In Victoria, the Impounding of Livestock Act 1994 (Vic) enables a landholder with a horse agisted on their property…
18.03.19
Sour Grapes: Winemakers facing new naming restrictions for Nero d’Avola wines
You may be aware of it being unlawful in the European Union to name or refer to any sparkling wine “Champagne” unless it is produced in the Champagne region of France. France’s Comité…
18.03.19
7 Years a Secured Party? Renew your PPSR Registrations!
If you are a secured party on the Personal Property Securities Register (PPSR), you should be acutely aware of 30 January 2019. This is the day that the PPSR passes it’s seventh year,…
13.03.19
Local Court of NSW Small Claims Division Jurisdictional Limit Increase to $20,000
Schedule 1.20 of the Justice Legislation Amendment Act (No 3) 2018 (NSW) officially came into effect by proclamation on 28 February 2019, bringing the jurisdictional limit of the Local Court of New South…
21.02.19
Are Australia’s Decadent Dessert Cafes Doomed to Fail?
Introduction To the dismay of thousands of chocolate loving Australians, the chocolate restaurant and chocolatier Max Brenner announced they were entering into voluntary administration late last year. While the directors claimed that everything…
11.02.19
Chamberlains Law Firm incorporates Shaw McDonald Lawyers Sydney
Chamberlains Law Firm is delighted to announce the merger of Shaw McDonald Lawyers into its growing practice. Based in Sydney and established in 1908, Shaw McDonald has a proud 100-year history of providing…
08.02.19
Equine Legal Services
Why Do I Need a Lawyer? Recently when we have been out at events speaking with competitors, grooms and other people about what we do, we have noticed that a comment we often…
04.02.19
Legalwise Seminar: Property, Trusts & Insolvency
We are proud to announce that Stipe Vuleta, Chamberlains Managing Director and head of our Litigation and Restructuring Team will be speaking at the Canberra Legalwise seminar on Thursday 28 February 2019 which…
03.02.19
Trust Issues & PPSR Pitfalls
Registering security interests on the Personal Property Securities Register (PPSR) requires accuracy and attention to detail. The well-known case of In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21…
15.01.19
ACT Building and Construction Security of Payment Act.
Introduction The Building and Construction Industry (Security of Payment) Act 2009 (ACT) (“the Act”) is a piece of legislation designed to facilitate the speedy recovery of payments under contracts in the building and…
18.12.18
Swimming Pool Requirements when Purchasing a Property in the ACT
It is that time of year again where a light dip in your backyard swimming pool is a welcome relief from the warm summer days. The swimming pool is a feature of many…
18.12.18
Joint Tenants or Tenants in Common: What is the Difference?
The terms ‘joint tenancy’ and ‘tenancy in common’ are often use in situations where two or more people purchase real property together. But what do these terms actually mean? Joint tenancy Where two…
13.12.18
Kickstart Me: Exciting Developments in Crowd Sourced Funding in Australia
Introduction Crowd-sourced funding (CSF) refers to small start-up public companies that are not listed on any stock exchange raising funds from a large number of small investors. It is very useful where a…
13.12.18
Corporate Governance: Lessons from FIFA’s New Code of Conduct
Introduction FIFA, the peak governing body for Association Football, has recently caused a stir by removing references to corruption from their latest version of their code of ethics (Code). FIFA has been frequently…
12.12.18
Providing for Your Pooch After You’ve Passed
There’s no doubt that Australians love their pets, in fact more than 50% of us live in a household with at least one cat and/or dog. In the last year alone, Australian’s are…
12.12.18
Record Setting Judgment for Defamation Payouts
In September 2018, Radio broadcaster, Alan Jones and his team at 2GB and 4BC were ordered to pay a record breaking $3.7 million in damages to the well-known Wagner Family following Jones’ claim…
10.12.18
What is the meaning of “cross-demand” in the context of the Bankruptcy Act?
Introduction The recent case of HE v SHANAHAN AS LIQUIDATOR OF EASTERN SOURCE CONSTRUCTION PTY LTD (IN LIQ) & ANOR is another great case for lawyers, insolvency practitioners and the public alike as…
07.12.18
Ipso Facto Law Reforms
Intro Changes to the Corporations Act 2001 (Cth) made last year through the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced safe harbor and ipso facto reforms. The…
19.11.18
ACT Building and Construction Industry Security of Payment Act – What are your rights?
Introduction The Building and Construction Industry (Security of Payment) Act 2009 (ACT) (“the Act”) is a piece of legislation designed to facilitate the speedy recovery of payments under contracts in the building and…
09.10.18
The Chorley Exception – Self-Represented Barristers Claiming For Their Own Costs? – October 2018 Update
The question of costs occupies a significant amount of the life of a proceeding and complexities surrounding costs are difficult to unravel. The losing party will usually pay the successful party’s costs that…
11.09.18
The Rise of Litigation: Are Australians Too Gung-Ho About Going to Court?
Introduction Since the mid 1990’s, when advertising regulations around law firms were relaxed, there has been a general trend in Australia of increased litigation and court cases. Such a trend has had significant…
01.09.18
Australia Building Code: Mandatory Reporting of Late or Disputed Payments – Are you in Breach?
Introduction The Building and Construction Industry (Improving Productivity) Act (“the Act”) is a piece of federal legislation aimed to improve workplace relation frameworks to ensure building work is carried out fairly, efficiently and…
27.07.18
Could You Sue Your University If You Didn’t Get A Job?
Introduction A former Oxford student has recently claimed that the university was responsible for his failure to attain employment as a top tier lawyer in the case of Faiz Siddiqui v The Chancellor,…
24.07.18
Double Dipping on GST: The Risks of New Low Value Imported Goods Tax
Background With the boom of global online shopping in recent years, the Australian government has recently implemented new legislation to begin taxing low value goods from overseas sales. Any vendor that makes more…
19.07.18
The Cummins Principle and Wallace – Guidance or More Confusion?
The Cummins principle has again surfaced in the decision in Turner as Trustee of the Bankrupt Estate of Wallace v Wallace [2017] FCCA 3044 (Wallace). The case further demonstrates that transferring a property…
17.07.18
The Chorley Exception – Self-Represented Barristers Claiming For Their Own Costs?
The question of costs occupies a significant amount of the life of a proceeding and complexities surrounding costs are difficult to unravel. The losing party will usually pay the successful party’s costs that…
10.07.18
Tax Implications in Company Liquidation
What is liquidation? The liquidation of a company is the process by which a company winds down and ceases to exist. This can arise for many reasons and can be voluntary or involuntary….
05.07.18
Bitcoin, The Law & You: Tax & Succession Issues with Cryptocurrency
INTRODUCTION The phenomenal surges in cryptocurrency prices have put cryptocurrencies such as Bitcoin and Ethereum on the radar of many investors in the mainstream. Those interested in speculating with Bitcoin should be aware…
04.07.18
The Devil Is In The Details – Statutory Demands
The recent decision in the matter of GLFB Pty Ltd trading as Harvest Homes [2018] NSWSC 598 is a lesson to all professionals in all industries on how important being detailed and consistent…
29.04.18
Chamberlains Law Firm Incorporates Backhouse Legal
Chamberlains Law Firm is delighted to announce the incorporation of Backhouse Legal into its growing practice. As of 30 April 2018, Principal of Backhouse Legal and 2017 Canberra Business Woman of the Year,…
20.04.18
Liquidators, Beware the Set-Off
The decision of Justice Markovic in the recent matter of Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2) [2018] (“Stone…
19.04.18
GST withholding requirements for new residential premises from 1 July 2018 target phoenix developers
From 1 July 2018, purchasers of new residential premises and new residential subdivisions must withhold the goods and services tax (GST) amount on the contract price at settlement and pay it directly to…
17.04.18
Stricter Licensing Regime and Testing for ACT Builders
The ACT Legislative Assembly’s Standing Committee on Economic Development and Tourism has held an inquiry into building quality in the ACT. The inquiry has come in response to assessing the quality of new…
09.04.18
ACT Leave Announces Building & Construction Scheme Employer Levy Rate Reduction
The Governing Board of the ACT Long Service Leave Authority (LSLA) has recently agreed to a reduction in the employer levy payable under the Building and Construction Scheme of the Long Service Leave…
13.03.18
Show Me The Money
If someone asked you what was meant by the term ‘money’, what would you say? Would you define it as simply the cash you currently have in your wallet, in the bank, your…
05.03.18
Prickly Exclusion Clauses – The Thistle Company and Engineering Contracts
The Queensland Court of Appeal has recently upheld the operation of an exclusion of liability clause in an engineering contract. The decision in The Thistle Company of Australia Pty Ltd v Bretz &…
05.03.18
Lawyers Weekly 30 Under 30 2018
We are proud to announce that Stipe Vuleta is a finalist at the 2018 Lawyers Weekly 30 Under 30 Awards in the Dispute Resolution category. Congratulations Stipe on your well deserved nomination and…
14.02.18
Check Your Legal Privilege, Part 2 – Without Prejudice Privilege and Self-Incrimination Privilege
This is Part 2 of a two-part series on legal privilege. Part 1 on legal professional privilege is also available here. Without Prejudice Privilege (WPP) WPP protects communications between parties regarding settlement negotiations….
14.02.18
Check Your Legal Privilege, Part 1 – Legal Professional Privilege
This series of articles will examine the general types of privilege that exist. In Part 1, we will look at legal professional privilege (LPP). In Part 2, we will discuss without prejudice privilege…
12.02.18
Where The Trade Practices Act 1974 (CTH) Meets Bankruptcy
The now superceded Trade Practices Act 1974 (Cth) (TPA) and its relation to Australia’s bankruptcy laws was recently explored in Pattinson v Bellwether Agriculture Pty Ltd (In Liq) [2018] NSWSC 38 (Pattinson). The…
11.02.18
Third Party Litigation Funding in Australia
Third party litigation funding in Australia affords claimants a potential avenue of recourse in instances where: They are unwilling or unable to fund litigation personally; Funding cannot be obtained through creditors; and Solicitors…
29.01.18
Attention Creditors: New Laws For Replacing Liquidators
Liquidators have a duty to act independently and in the best interests of the creditors of a company. However, frequently, a dispute with a liquidator may arise in relation to an apparent lack…
29.01.18
New Developments in the Application of Anti-Phoenix Provisions
1. Background 1.1 Last month in Featherstone v Ashala Model Agency Pty Ltd (in liq) & Anor [2017] QCA 260 (Featherstone) the Queensland Court of Appeal demonstrated how far the phoenix prohibition in the Corporations Act…
29.01.18
Safe Harbour Reforms
The arrival of the ‘safe harbour’ reforms aim to protect directors from personal liability for insolvent trading as long as from the outset of suspecting insolvency of the company they have thoroughly documented…
29.01.18
Conveyancing at Chamberlains Law Firm
The Directors and staff at Chamberlains Law Firm are excited to announce that we have been voted as one of the Top 3 conveyancing law firms in Canberra by the readers of The…
29.01.18
Email Scam Awareness
Last week Chamberlains and its clients were targeted by scammers. A client informed us that he received a suspicious email directing him to deposit moneys into trust in preparation for a property purchase….
29.01.18
3 Down to 1 – New Bankruptcy Bill Introduced
A new bill has been introduced into Federal Parliament which relevantly seeks to reduce the period of automatic discharge from bankruptcy from three years to one. Reducing the time for discharge is a…
22.06.17
No Love On The Cummins Principle
The Federal Circuit Court in Weston v McAuley [2017] FCCA 1 (Weston) has recently reaffirmed the application of the decision in Prentice (trustee of the property of Cummins, a Bankrupt) v Cummins (No…
27.04.17
How do you protect Commercial Designs
When it comes to protecting intellectual property, and especially protecting intellectual property by registration most people automatically think about patents (devices, substances, method or processes) and trademarks (identification marks for your business, goods,…
02.12.16
Estate planning for the Christmas holidays
Christmas is a time that we reflect on the year gone by and celebrate with our family members. For some this can mean a get together at home or travelling overseas or interstate…
23.09.16
Have you been deceived by comparison advertising?
On 16 September 2016, the Australian Competition & Consumer Commission (ACCC) announced that London-based online clothing retailer Charles Tyrwhitt LLP had paid a penalty of $10,800 after being issued with an infringement notice…
08.09.16
V Energy Drink and Coca-Cola – which green is it?
Recently Frucor Beverages, the V Energy Drink maker, attempted to register the colour green (Pantone 376C) as a trade mark but the Coca-Cola Company had other ideas. Section 17 of the Trade Marks…
26.08.16
Delayed Commencement for the Insolvency Law Reform Act
On 23 August 2016 the Minister for Revenue and Financial Services announced that the commencement of a portion of the Insolvency Law Reform Act will be delayed until 1 September 2017.
02.08.16
An Injunction – What does it mean?
Sometimes a party to a dispute requires urgent relief. An injunction is a form of urgent relief that can be granted by the Court in certain circumstances.
21.07.16
Our new Director and Practice Leader of Property
We are pleased to announce that Louise Morris has joined our team as our new Director and Practice Leader of property. Louise brings a wealth of knowledge to our firm with over 10…
28.06.16
Case law snapshot: Bull v Australian Quarter Horse Association
In the recent case of Bull v Australian Quarter Horse Association [2015] NSWCA 354 the New South Wales Court of Appeal examined a case where a cloned horse was denied registration based on…
23.06.16
Draft code of practice – Safework NSW
A new draft code of practice has been issued by Safework NSW entitled ‘Managing Risks when New and Inexperienced Persons Interact with Horses’ (“Draft Code”). You can access the Draft Code here. This…
17.06.16
Misrepresenting Horses for Sale: The Commonly Asked Questions, Part 2
Behavioural Issues The horse behaved just fine when I tried him, and now he’s bucking me off. Can I return the horse? As we discussed in Part 1 of Misrepresenting Horses for Sale,…
23.05.16
IP Valuations – Common Pitfalls
Intellectual Property (IP) Valuations are often necessary when determining the value of a Company’s assets both in contested proceedings and in restructures. However, sometimes valuers and experts fall into the trap of making errors…
10.05.16
Case law snapshot – Capogreco v Rogerson
The recent case of Capogreco v Rogerson [2015] NSWSC 1371 (Capogreco) highlighted the issues of misleading and deceptive conduct, as well as the issues that arise when selling a horse that is owned…
03.05.16
Resolving disputes – what does “without prejudice” mean?
Non-lawyers and lawyers alike can take advantage of the phrase “without prejudice” and the protection it offers when making a genuine attempt to settle a dispute. Using the phrase “without prejudice” clearly indicates…
20.04.16
Liability for Horse Owners and Agistment Centres
It is important to be aware of when you may be liable for injury and loss caused by horses that you own or manage. If you have horses, there is always a risk…
20.04.16
Liquidator’s lien trumps a secured creditor’s claim
In Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15, the Court affirmed the position in Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 (Universal), that a liquidator’s lien…
15.04.16
Chamberlains Law Firm represents Canberra in the Australasian Law Awards
Chamberlains Law Firm is pleased to announce that we are a finalist in the 2016 Australasian Law Awards in the State/Regional Firm of the Year category. We are proud to be representing Canberra…
30.03.16
What is a Patentable Invention? A Lesson from the High Court
On 7 October 2015, the High Court of Australia released a decision in relation to the gene commonly known as the “breast cancer gene”. In D’Arcy v Myriad Genetics Inc. [2014] FCAFC 115, the High…
23.03.16
Debunking Common Misconceptions about Bankruptcy
Personal insolvency is a growing market with more and more people declaring bankruptcy or entering into other personal insolvency arrangements to address credit issues arising out of consumer credit, business related debt or…
09.03.16
Agency Law and Purchasing Horses
It is common for professionals in the horse industry to be asked to act as an agent in the purchase of a horse for a client. This is a common practice undertaken by…
01.03.16
Misleading and deceptive conduct in marketing and packaging: a real pain in the neck for Nurofen
In March 2015 Reckitt Benckiser (Australia) Pty Ltd (RB), the producer of health, hygiene and home products in Australia came under fire by the Australian Competition and Consumer Commission (ACCC) over their range…
25.02.16
When you should review your Will
Your will is an important document that, if drafted effectively, distributes your assets in accordance with your wishes. In addition to regularly reviewing your will every 3 to 5 years, there are certain…
18.02.16
Misrepresenting Horses for Sale: The Commonly Asked Questions, Part 1
A very large proportion of legal queries from horse people are centered around misrepresentation and the duty of disclosure during equine sale transactions. In this series of articles, we will review the most…
17.02.16
Injured in the public sector: An insight into Comcare compensation
This article covers workers who are employed by the Commonwealth or by a Commonwealth authority (except any military personnel). Canberra has one of the highest employment figures in the public sector in Australia….
10.02.16
What passes in accordance with a Will – Estate v non-estate assets
When preparing a Will, it is important to consider what actually passes in accordance with your Will. It is not uncommon to see a Will where a testator has attempted to gift assets…
08.02.16
What is Bankruptcy?
The modern law of bankruptcy essentially evolved from a social desire to keep commercial matters, of most types, separate from the developing criminal regime; essentially an alternative to “debtor’s prison”. Under the Bankruptcy…
08.02.16
Insolvency Law reform provides safe harbour for drowning Businesses
Current laws Australia’s corporate insolvency laws have typically been swayed in favour of protecting investors and vulnerable shareholders, placing the weight of duties on company directors. Director’s responsibilities were designed to create business…
10.12.15
Do You Know What Kind of Business Structure You Are?
The legal structure of your business will affect how the business is taxed, how your assets are protected, and the cost of operating your business. It is important to understand what your business…
11.11.15
Unfair Preference Payments in Bankruptcy
To put it colloquially, in the bankruptcy context, preference payments are payments made by a bankrupt debtor in favour of an unsecured creditor at the expense of other ordinary creditors of a bankrupt…
05.11.15
Social Media and the Law
Social media facilitates global communication by providing its users with a playground of online platforms to create and exchange user-generated content. With this privilege of communication comes responsibility, as laws have continued to…
15.10.15
Horse Industry – Waivers Risk Acknowledgement & The Code of Practice
Horse Industry Code of Practice The Code of Practice for the horse industry has been developed by the Australian Horse Industry Council. The most recent revised version is from October 2009. It is…
08.10.15
Is Your Email Exchange a Binding Contract?
Email exchanges are increasingly being viewed by the Courts as another way of creating legally binding contracts. This should be a worrying realisation for anyone who has casually exchanged emails with someone where…
02.10.15
Winding Up On Just & Equitable Grounds: Quasi-Partnerships
Section 461(1)(k) of the Corporations Act gives the Court the power to wind up a company and appoint a liquidator if the Court is of the opinion that it is just and equitable…
18.09.15
Registering Security Interests: Time Is Of The Essence
A 2014 decision from the Federal Court is a timely reminder to register security interests on time. In this case, the creditor (the Applicant) advanced $250,000 to the debtor (the Respondent). A security…
02.09.15
Restraint of trade clauses in employment contracts
It is common for employment contracts to include restraint of trade clauses. These clauses typically attempt to restrain current and former employees from engaging in business which would damage the employer’s business interests….
28.08.15
Top tips for buying and selling horses
Both buyers and sellers need to be aware of the pitfalls of transactions involving horses. Sayward McKeown, our equine specialist, offers these four tips to avoid disputes. Ensure the horse is fit for…
26.08.15
Price Fixing – No joy for the ACCC
Two recent decisions in the Full Court of the Federal Court have provided some clarity to the issue of price fixing between selling agents and principals who may be in competition with each…
07.08.15
Statutory Demands – a step beyond debt recovery
A statutory demand is the first actionable step against a company taken by a creditor who has sought to recover a debt and is now looking to establish the insolvency of a debtor….
31.07.15
Death Benefit Taxes – Death Duties by another name
Australia made history in the late 70s as one of the first developed countries to abolish death duties on deceased estates. Since then there has officially been no death duties in Australia. This…
24.07.15
Public Examinations – A quick guide for Directors – Part 2 – How is a public examination conducted?
It is difficult for a director to not be intimidated by the process of a public examination. An examination is initiated by summons from the court, leading to scrutiny by an often fervent…
15.07.15
Director Penalty Notices – A Quick Reminder to Get the Right Advice
There were major changes to director penalty notices in 2012 – limiting somewhat the ability of directors to escape personal liability for corporate tax debts. As readers are likely well aware, company directors…
08.07.15
Will proposed 3D printing laws bear fruit?
3D printing is touted as the next big revolution in the manufacturing industry. With the cost of 3D printers coming down remarkably low, there has been a huge rise in popularity and availability…
26.06.15
Minimising the legal costs of negotiating a commercial lease
A commercial lease will be daunting for any party that has not entered into one before. A typical lease agreement can be up to 50 pages covering many topics including rent, outgoings, repair…
24.06.15
Public Examinations – A quick guide for directors
Part 1: What is a Public Examination? A public examination is a process where an examiner, more often than not a liquidator or trustee in bankruptcy, however from time to time ASIC or…
04.06.15
Buying business premises through your SMSF
Business owners can run into difficulties when operating from leased premises, such as: Disputes with your landlord over rent increases, repairs, extensions; or A landlord can prevent you selling your business by refusing…
03.06.15
Protecting your Intellectual Property – Copyright
What is Copyright? Copyright is one of the main intellectual property protections in Australia and is the most common and appropriate form of protection available for literary, musical and artistic work. It is…
22.05.15
The potential upsides of voluntary administration
The potential upside of voluntary administration in light of a recent surge in ATO wind-ups is outlined in this article on Creditor Watch by Stipe Vuleta – Managing Director and Practice Leader of Dispute Resolution,…
13.05.15
Small business the focus of this year’s budget
The government has announced a series of initiatives to lower tax and compliance costs as part of their efforts to make running a business easier.
08.05.15
Business Improves When Bosses Serve Their Staff
When running a business it is important to build a culture where employees feel their boss puts staff needs ahead of those of management. According to a recent study, companies with this style…
06.05.15
Succession plans vital to the life of a successful business
Having a succession plan in place for your companies will help you manage leadership transitions smoothly and is an essential part of running a business.
30.04.15
Technology investment by SMEs on the rise
Research by Robert Half has found that almost two thirds of Chief Information Officers (CIOs) are turning to technology recruitment to feed the demand of new projects. In turn, Chief Financial Officers (CFOs) are allocating…
27.04.15
Venturing into the realm of venture capital
Finessing communication skills and seeking custom legal advice can help start-ups develop a quality pitch for venture capitalists.
27.04.15
Latest CommSec report finds economic growth in the ACT
The recent April 2015 CommSec ‘State of the States’ quarterly report noted that the ACT ranks sixth in Australia in terms of its economy, however the state’s economic growth and output levels were 15.2 per…
24.04.15
3 Considerations About a Family SMSF
A central concern during succession planning in family businesses is whether adult children should be admitted into a self-managed super fund (SMSF). It is understandably a complex decision-making process, given that it impacts both…
23.04.15
Is your business equipped for a millennial workforce?
Millennials or Gen-Yers currently make up a large proportion of the workforce, with numbers expected to increase over the next few years. As individuals born between 1980 and 1995, millennials have a different set…
22.04.15
3 things businesses should know about the WHS Act
In the Australian Capital Territory, businesses must comply with the Work Health and Safety Act 2011. The definitions of ‘workplace’ and ‘worker’ are broad.
17.04.15
The importance of speeding full steam ahead with your business
In the current competitive global market, speed and innovation are the cogs for success. These tips can help your business succeed and steam ahead.
16.04.15
Harper Review recommends granting small businesses more legal power
The Australian government’s Competition Policy Review, also known as the Harper Review, released its final report on March 31. A key purpose of this review was to identify which regulations are restricting competition…
10.04.15
5 scenarios that may need a written loan agreement
Contractual loan agreements are the best way to legally bind the repayment of money. However, individuals often forgo drafting legal documents in situations when they are sourcing funding from family members, or using…
10.04.15
3 FAQs On Changing a Business Structure
When considering a change to your business structure, consulting with expert commercial lawyers can help develop a plan best suited for the ongoing needs of your business. The following FAQs offer some guidance on the…
10.04.15
Putting the ‘pro’ in productivity: Tips for running a business
Increasing productivity in your workforce has wider reaching benefits on profit margins, employee engagement and company culture.
09.04.15
6 legal considerations for business directors facing insolvency
Business directors facing insolvency should be aware of these legal considerations. They include their duties, compensating creditors and managing bankruptcy.
01.04.15
Succession planning for family businesses
Family businesses can often struggle in a globally competitive market. The Harvard Business Review published in its January 2012 issue that approximately 70 per cent of American family-owned businesses fail before the second generation…
01.04.15
Changes applied to Privacy Act 1988: Transparency with customers now a priority
On March 12, work to update and change the Privacy Act 1988 commenced. The Office of the Australian Information Commissioner (OAIC) has made it their mission over the previous year to work with businesses,…
25.03.15
Start smart, smooth and strategic: Legal advice for starting a business
Business growth and profitability begins by starting strong. Seeking sound legal advice early can help prolong the success of a business.
18.03.15
Dot the i’s and cross the t’s: FAQs on legal documents for start-ups
Entrepreneurs from all walks of life begin their journey with a bright idea. Establishing a start-up takes courage and commitment, but no business strategy is complete without seeking legal advice. The process can…
18.03.15
5 Ways the New Small Business & Family Enterprise Ombudsman Can Help
Five years after plans to form a Small Business Ombudsman were announced during the 2010 federal election, the government has released its draft legislation this month on March 11. Titled the Australian Small Business and…
12.03.15
3 Trade-Mark Tips to Celebrate World Intellectual Property Day
World Intellectual Property Day falls next month on April 26, and to celebrate we are sharing some tips on how to protect your business using trade marks. If you are a start-up, you…
06.03.15
Don’t rush into selling your business
To sell your business quickly and smoothly, and for the highest possible price requires between 12 to 24 months of effort and planning to make the business “sale ready”. Listed below are some…
05.03.15
The importance of properly issuing a statutory demand
In the recent decision of In2Ply Pty Ltd v Amerind Pty Ltd (in liq) (recs and mgrs apptd) [2014] VSC 603 the Victorian Supreme Court set aside a creditor’s statutory demand because the…
05.02.15
How to protect your business
As a business grows, they will need to take steps to protect their intellectual property (IP). However, with so many different facets to this legal area it is equally important to ensure that…
04.02.15
New rules proposed for employee share schemes
Start-ups will often find it harder to take on new staff members, especially when cash flow is tight and finding qualified workers is difficult. As a result, many smaller companies will consider implementing…
30.01.15
Succession planning an ongoing concern for companies
Succession planning is an area every company will need to undertake, especially for small businesses where every member of staff is taking on a number of different roles and responsibilities. However, succession planning…
23.01.15
What is involved with selling a business in the ACT?
Many business owners will reach a point where they have put in a lot of hard work into their business and have established their organisation within a given sector. At this point, owners…
21.01.15
3 things to consider when hiring employees
When your business has begun to grow, one of the most important steps for companies to take is to start hiring staff. For most businesses, their staff are the biggest investment, which makes…
11.12.14
Get your estate in order before you go away….
Christmas is a time that we reflect on the year gone by and celebrate with our family members. For some this can mean a get together at home or travelling overseas or interstate…
05.12.14
Insolvency Law Update: Insolvency Law Reform Bill 2014
In 2010, a Senate inquiry suggested that ASIC and AFSA should be combined into a new organisation in order to efficiently align corporate insolvency and bankruptcy processes and regulations. This movement toward a…
28.11.14
Why enterprise bargaining provides little benefit
For most Australian businesses enterprise bargaining is unwarranted because the Fair Work Act 2009 has removed the benefits of bargaining, imposes significant costs on those who bargain, and made bargaining an inferior option…
19.11.14
PPSR – Securing interests in commingled goods
In the past it has been difficult for a supplier to recover a product that, once delivered to the buyer, has been mixed in with other similar or identical products. Goods of this…
14.11.14
Unfair dismissal claim lodged one day late not accepted
In the recent decision Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149 the Full Bench confirmed that an unfair dismissal application lodged one day late would not be accepted for lodgement. The…
12.11.14
Legal costs in insolvency proceedings – the risks you need to consider
A major risk factor in instituting legal proceedings, for any claimant, is the risk of unrecovered legal fees. Unfortunately the cogs of the law tend to grind slowly and expensively and often even the…
06.11.14
Super and Self Managed Super Funds (SMSFs) – The importance of having a current Binding Death Benefit Nomination
Self Managed Super Funds (SMSF) are an increasingly popular form of retirement fund, and one of the fastest growing sectors. They offer a high level of flexibility and allow members a wider range…
31.10.14
Mr Fluffy – Is the ACT Government’s buy back scheme a viable option for the affected property owners?
On 28 October, the Federal Government announced it would provide a $1 billion concession loan to the ACT Government for its Loose Fill Asbestos Insulation Eradication Scheme. The 10 year loan is subject…
24.10.14
What are you really paying for? Commercial and retail leases – know your outgoings
In a lease for commercial or retail premises, rent is only one part of the tenant’s ongoing financial obligation. Additional costs called “outgoings” are usually passed on to the tenant by the landowner….
23.10.14
Getting Paid – The importance of properly issuing a creditor’s statutory demand
Two recent cases in NSW illustrates how the failure to comply with legislative requirements when issuing a statutory demand means that you, as a creditor, are highly unlikely to be able to get…
03.10.14
Natural justice in adjudication under the Security of Payment Act
Various iterations of the Building and Construction Security of Payment Act (“the Act”) operate in numerous states and territories providing a fast-paced and streamlined payment process for builders and other industry participants. Adjudication…
26.09.14
Employment Law Update: Implied Term of Mutual Trust and Confidence rejected by High Court
In the recent case of Commonwealth Bank of Australia v Barker [2014] HCA 32 the High Court overturned the earlier Federal Court decision that a term of mutual trust and confidence was implied…
19.09.14
Protecting yourself from phoenix companies in the building and construction industry
A prevalent phenomenon in the building and construction industry, the phoenix, is often a tool used by the “dodgy” end of town in order to avoid paying subcontractors and suppliers. Though not all…
05.09.14
Does your landlord own your business?
When you sell a business that’s run from leased premises, you need to be aware that your landlord has a say in whether the sale goes through or not. Once you have a…
28.08.14
What contractors and subcontractors need to know about recent changes to the Security of Payments Act 1999 (NSW)
Despite its ubiquity over the past 15 years the Building and Construction Industry Security of Payments Act 1999 (NSW) (“the Act”) has recently been amended by the New South Wales government in response…
20.08.14
Top Tips for Selling your house in the ACT
Following on from our previous article about buying a house in the ACT, this article provides some tips to help you ensure the sale of your house runs as smoothly as possible. Tip…
13.08.14
Recovering Overdue Accounts and Establishing Terms of Trade
Relationships between businesses are often based on two documents: the credit application and the terms of trade agreement. The information set out in these documents will affect how you will be able to…
05.08.14
Top Tips for Buying a House in the ACT
Buying a house is one of life’s major purchases. If not managed correctly it can become a prolonged and stressful process. In todays article we outline the things you can do to make…
25.07.14
Retention of Title under the PPSA – Considerations for Business
Every decade or so a law is introduced which dramatically shifts the operating paradigm of an industry. Not unlike the now ubiquitous Building and Construction Industry Security of Payments the Personal Property Securities…
04.07.14
IT Start Ups Tips & Traps. Part 3 – Solutions
In the 3rd and final part of this series we discuss the strategies available to reduce the risk of triggering undesirable tax consequences and ensure the flexible entry and exit of people involved. Governing…
27.06.14
IT Start-Ups Tips and Traps. Part 2 – Equity
In part 2 of this 3 part series we discuss the implications of issuing equity, a common way many IT Start-Ups pay for the services of programmers and experts. When starting out through…
19.06.14
IT Start-Ups Tips and Traps. Part 1
In this 3 part series we discuss the issues you need to consider when starting your IT business including: 1. Choosing the best business structure for your business 2. Issuing Equity 3.The strategies you…
11.04.14
Nothing left unsaid – why you should review your Will at each life stage
Your will is the full stop at the end of your life. It’s the document that expresses your wishes, acknowledges key relationships and can demonstrate a life of purpose and commitment to important…
21.03.14
Estate Planning for the Sandwich Generation
Sandwiched between the needs of elderly parents and dependent children, there’s a growing demographic facing a time when their parents and children will need them simultaneously. The combination of an ageing population, delayed…
14.03.14
Confidentially Speaking – protecting your Intellectual Property
Changes in technology, a global economy and new business paradigms that encourage open innovation and community collaboration are seeing us move away from a focus on control to capturing value from knowledge outside…
06.02.14
Family Business Succession Planning and Governance Agreements – a plan for good and bad times
Family businesses are a significant and wealthy sector in the Australian economy, accounting for around 70% of all Australian businesses with an average turnover of $12 million per year. For many, the idea…
23.01.14
iPhone will found valid in QLD Supreme Court
Re: Yu [2013] QSC 322 A Will is a significant and powerful legal document and, for this reason, it must satisfy certain formal requirements: it must be a written document, signed at the…
15.01.14
Minimum Viable Legal Protection For Your Start Up
Money or the lack thereof is often a reason start-ups will take shortcuts when it comes to their legal affairs. Start-Ups put their businesses at risk by trying to cut costs by…
08.01.14
If you are not across the Personal Property Security Act 2009 (PPSA) then it is time to get up to speed.
The presumed compliance through the transition period will end on 30 January 2014. What is the PPSA and why should I know about it? The PPSA has been working as a register of…
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