Articles
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01 August 2016
Deceased Estates
Further family provision when the plaintiff's life is "a modern u…
The son's claim for further family provision was ultimately unsuccessful, but the costs were ordered from the estate.
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01 August 2016
Environment & Planning
The Greater Sydney Commission - Too little, too late or just in t…
The GSC is a statutory body created in an effort provide a coordinated, city-wide approach to planning and development.
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21 July 2016
Workplace Law & Culture
Interpreting awards and industrial instruments: it might seem fai…
Focus is on the plain meaning of the provisions of an award and notions of fairness have no role to play in interpretation.
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13 July 2016
Taxation
A bit less xenophobia – please explain
Pauline Hanson[1] may be in the Senate but Australia’s rules for tax deductible gifts have recently become more outward-looking. Now is the time for charities to consider whether deductible gift recipient status can be utilised for the support of ca…
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30 June 2016
Dispute Resolution & Advisory
How pygmy possums tested the limits of just terms acquisition of…
The Constitution's just terms acquisition provisions won?t apply when someone voluntarily sells land to the government.
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08 June 2016
Competition & Consumer
Ban on 'excessive' credit and debit card surcharges
The new laws do not prevent a merchant from applying a surcharge to a card transaction if the surcharge is not excessive.
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26 May 2016
Wills & Estate Planning
The importance of the lawyer and client contract when preparing a…
The contract between the lawyer and his client to prepare a Will did not extend the duty of care to the beneficiary.
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25 May 2016
Property
Are lease make-good provisions enforceable? - Costs of repair or…
Commercial leases usually contain provisions requiring the tenant to make good the premises at the end of the lease.
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17 May 2016
Dispute Resolution & Advisory
Has the sun set on sunset clauses for developers? - section 66ZL…
Some developers used the sunset clause to terminate a contract with the original purchaser to resell at today?s prices.
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17 May 2016
Dispute Resolution & Advisory
Unfair preference claims by liquidator are trumped by retention o…
ROT clauses can be raised in defence to an unfair preference claim, and the PPSA has strengthened that defence.
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03 May 2016
Property
Selling land for unpaid rates and charges: 8 important questions…
These are eight important questions that vendor councils should address before exercising the statutory power of sale.
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03 May 2016
Workplace Law & Culture
Can you dismiss an employee just because they are disobedient?
Recent decisions show that continual or serious disregard for management?s requests and processes can justify dismissal.
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03 May 2016
Public Liability
Managing the risk from footpath defects and negligence claims: wh…
Councils have had immunity from negligence claims concerning defective footpaths if they had no knowledge of the defect.
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03 May 2016
Dispute Resolution & Advisory
Between a rock and a hard place: how to deal with a payment withh…
Payment withholding requests oblige a council to withhold money from the head contractor so the subcontractor gets paid.
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03 May 2016
Contracts & Procurement
How to make a supply agreement effective through clear KPIs and S…
Key Performance Indicators (KPIs) and Service Level Agreements (SLAs) are common in long-term supply or service agreements.
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03 May 2016
Environment & Planning
Why you can't rely on a savings provision in a Local Environmenta…
Councils should exercise caution when relying on savings provisions in an LEP, according to this recent LEC decision.
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27 April 2016
Workers Compensation
Workers Compensation Commission determines meaning of "paramedic"
The meaning of the term "paramedic" denotes an employee who has been "classified" as a paramedic by virtue of the Award
