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
Major changes to Long Service Leave laws
Employees and employers are well aware that one of the entitlements accrued by employees is Long Service Leave. The Victorian Parliament has recently passed the Long Service Leave Bill (2017). This new legislation will come into force from early November 2018, at the latest, and contains some major changes.
Employers beware! Sham contracting is risky
Workers ordinarily fall within one of two categories, those who work subject to a Contract of Service (employees) and those who work subject to a Contract for Service (independent contractors). There are important legal differences between these two categories.
Domestic building disputes
Building disputes often arise where consumers are not aware of their rights and obligations, or do not hold builders properly to account for delays, cost blowouts and other issues. Fortunately, there are many steps that you can take to limit the risk of a dispute arising, as our with your builder, as our Disputes & Litigation team explains.
I object! Giving evidence in Court
Our Litigation team offers some expert tips on how to prepare and what to expect when giving evidence in court. Read here for more details.
Why you should register a trade mark for your business name
Registering a trade mark for a business name is more important than you might think. Registering a business name or domain name does not give you the exclusive right of use. However, registering your business name as a trade mark gives you the exclusive right to use the trade mark throughout Australia.
Protecting your estate from challenges
In theory, upon your death you can leave your estate to anyone. However, with this power comes responsibility. The law may intervene if you fail to adequately provide for a person to whom you owe a moral and financial duty.
What are the rights of a Commercial Landlord?
If you want to lease a commercial property to a tenant, you need to know your rights as a Landlord. We outline seven key rights a Landlord in Victoria has under a standard Law Institute of Victoria Lease Agreement.
Changes to Australia's Foreign Resident Capital Gains Withholding Tax
From 1 July 2017, new withholding tax laws came into force that will affect everyone buying or selling real estate worth $750,000 or more. Despite being called the Foreign Resident Capital Gains Withholding Tax, the new law applies to everyone, not just foreign residents.
What is a Caveat?
A caveat is an instrument that can be registered with Land Victoria to temporarily stop any dealings with a property. A caveat can prevent transfers of a property from being registered on the Certificate of Title and therefore stop someone from taking legal ownership of a property, as Andre Ong, Principal and Accredited Specialist (Property Law) explains.
Confidentiality: Watch out when hiring senior staff from a competitor!
Hiring a senior employee from a competitor can often be an attractive proposition. However, if you are contemplating such a move, caution is needed.
How to resolve your domestic building dispute effectively
What do you do when your building project goes awry and you are in dispute with your builder? Our Disputes & Litigation team summarises the options available to consumers in order to resolve a building dispute.
What types of Court or Tribunal costs are there?
If you are involved in a Court or Tribunal case, it is very important to understand and be prepared for the costs and fees you may incur. Court or Tribunal proceedings are becoming more commonplace these days and everyone wants to know how much it will cost them.
