Articles
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07 August 2015
Property
Ending a residential tenancy agreement - considerations for landl…
Different rules and notice periods apply in relation to terminating a fixed or a periodic residential tenancy agreement.
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24 July 2015
Binding death benefit nominations for superannuation funds - prob…
Superannuation is not an asset of the estate and a trustee is not bound to follow the directions of the testator in a will.
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15 July 2015
Dispute Resolution & Advisory
Making heads and tails of proportionate liability - the High Cour…
Proportionate liability regimes enable liability to be 'apportioned? between wrongdoers in line with their responsibility.
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15 July 2015
Dispute Resolution & Advisory
Confirmation of an adjudication antidote and good news for princi…
An appropriately worded security provision in a building contract can be powerful tool in the hands of the principal.
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13 July 2015
Workplace Law & Culture
July marks a new financial year, with new numbers for access to t…
Award and EA-free employees who earn over the high income threshold are not eligible to make a claim for unfair dismissal
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29 June 2015
Wills & Estate Planning
Notional estate - The long arm of family provision law
If estate assets are insufficient for the family provision order, the Court can make an order affecting other assets.
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26 June 2015
Family provision orders and overseas assets
The Supreme Court can always take overseas assets into account by adjusting the orders it makes affecting NSW property.
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22 June 2015
Environment & Planning
Residential flat design code (RFD Code): Determining minimum ...
Where SEPP 65 applies to a development proposal, the larger minimum unit size standards in the RFD Table should be used.
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22 June 2015
Wills & Estate Planning
Joint powers of attorney - The problem with joint appointments an…
You should raise the possibility of what may happen on the death or incapacity of a joint attorney with your clients
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17 June 2015
Public Liability
An answer to the $36 million question - annual leave AND workers…
The $36 million question has been answered ? NSW workers on workers compensation will continue to accrue annual leave.
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12 June 2015
Environment & Planning
10/50 Vegetation Clearing Code of Practice for NSW - It's not a f…
Serious penalties and the risk of proceedings may apply if you clear vegetation without the protection of the 10/50 Code.
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03 June 2015
Dispute Resolution & Advisory
Retention sum headaches - The joys of trust accounting for head c…
If the head contract is at least $20M, head contractors must keep trust accounts for retention sums from subcontractors.
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02 June 2015
Appointment of trustees and appointors - the importance of gettin…
Where the trustee could act self-interestedly, there was no breach of fiduciary duty in the solicitor being the appointor.
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01 June 2015
Workers Compensation
Finding a Finding is not Binding: workers compensation
The first Arbitrator's finding, that she had recovered from the injury, had infringed upon the jurisdiction of an AMS.
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14 May 2015
Contracts & Procurement
Government to Legislate Fair Play with Small Business
The Government has released draft legislation extending the unfair consumer contract terms regime offered under the Australian Consumer Law (ACL) to small businesses. In the Explanatory Material to the draft legislation the Government has recognised…
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24 April 2015
Property
Leasing licensed premises: Polish Club Limited v Gnych
The grant of this particular lease was a breach of the relevant provisions of the Liquor Act and therefore unenforceable.
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15 April 2015
Contracts & Procurement
Unexpected consequences when contracts exclude consequential loss
Local councils should carefully review supplier T&Cs, particularly when suppliers attempt to exclude 'consequential loss?.
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15 April 2015
Workplace Law & Culture
Are you in or are you out? - is a local council a body politic or…
The NSW Attorney General said the broad definition of corporation argued by the unions, could extend to local governments.