Articles
We aim to provide you with proactive and strategic legal and practical advice. Our articles provide a range of interesting and helpful insights on a vast array of topics.
Understanding Foreign Resident Capital Gains Withholding and the Recent Changes
Property Lawyer Michelle Oh looks at the recent changes to the Foreign Resident Capital Gains Withholding, and what this means for sellers and buyers in the Australian property market.
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Preventing Misrepresentation in Recruitment
Australian Consumer Law (ACL) contains protections for prospective employees against false or misleading representations made during the recruitment process. It is critical that employers are aware of this, and how to avoid falling foul of the law, as Anthony Sangster Robles explains.
Federal Court Overturns ATO Position on Trust Distributions: What It Means for Family Trusts
Mitchell Zadow, Managing Principal and Accredited Commercial Law Specialist, reviews a recent case where the Full Federal Court rejected the Australian Taxation Office's long-standing position on how unpaid trust distributions should be treated for tax purposes.
Wage Theft Laws: What Employers Need to Know
Administrative errors and dormant policies can no longer be blamed for the intentional underpayment of wages and other entitlements. Employment Lawyer Anthony Sangster Robles takes a look at Section 327A of the Fair Work Act which rings in serious legal consequences for directors, managers and shareholders found in breach.
Protecting Legal Professional Privilege - Tips and Tricks!
The final article in our three-part series on Legal Professional Privilege (“privilege”) provides some useful tips for ensuring that the privilege in your legal advice and in the material created for and by your lawyer for the purposes of providing legal advice, is protected from inadvertent or deliberate disclosure and thus waiver of the privilege.
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Recent articles
Estate agents, is your commission safe?
Would you want to pay back money you thought was rightly earned for you and your agency? We urge you to use the updated authority and rebate statement, sold through the REIV, and complying with the Act.
Do you know the difference between a lawyer or conveyancer when it comes to handling conveyancing?
Do you know the difference between a lawyer or conveyancer when it comes to handling conveyancing? We list the different factors to consider when deciding between a lawyer or conveyancer for purchasing your property.
What to consider when entering into a supply contract
There are a number of key aspects that should be considered and covered in a well-drafted supply contract. Some of these items may not necessarily be included in standard contracts and therefore you should understand the terminology before considering signing.
What happens if you cannot find a Will?
What do you do if you cannot find a Will after a person has died? Or perhaps you are unsure whether the person ever had a Will. Our Wills & Estates team provide tips on how to overcome this dilemma!
Major changes to labour hire laws!
The Victorian Government has passed the Victorian Labour Hire Licensing Act 2018 (Vic). The Act came into force in June 2018. Are you aware of the changes?
Thinking of suing someone? Read this first
What is becoming clear is that people are becoming more and more reliant on outside help to resolve all manner of disputes. It also appears that an increasing amount of people want their 'day in Court' to sort out their issues and to seek justice. However, filing a lawsuit is not as simple as you may think. Our Litigation Team explains.
PEXA settlements hack: is electronic conveyancing safe?
The PEXA settlements hack made headlines recently, when a fraudster was able to gain access to the online system and steal $250,000 of a vendor's settlement funds. We want to show you how Sharrock Pitman Legal minimises risk with electronic conveyancing.
How to avoid discrimination in the workplace
The Victorian Equal Opportunity Commission defines discrimination as treating, or proposing to treat, someone unfavourably because of a personal characteristic.
Terminating an employee: What are the best procedures and practices?
Has it come time for you to terminate someone's employment? Do so with great care otherwise you could be exposing yourself to a costly and time consuming unfair dismissal claim. We outline key considerations when contemplating terminating an employees employment.
Co-ownership Agreements
A Co-ownership Agreement regulates the relationship between co-owners of a property. Our Property Law team outlines the common uses for Co-ownership Agreements and how they operate in various situations.
Disciplining employees: When firing is too harsh but a warning is not enough
It is important to note that there are discipline methods in between warnings and dismissal, and potentially options that "fit the crime" much better than the traditional options.
Merging two 'not-for-profit' enterprises
Mergers or amalgamations of two or more 'not-for-profit' enterprises can be stressful and can quickly involve a complex set of transactions. This article dicusses highlights some of the differences between the process of amalgamating two entities, and common pitfalls to avoid.
