Articles

Today's employees are more skilled and mobile than at any other time. This increase in skills and mobility has been accompanied by a significant increase in the prevalence and complexity of Restraint of Trade clauses. Our Employment Law team explains.

When a Will maker passes away, the executor makes an application to the Court to confirm the validity of the Will. If a DIY Will is not drafted or executed in the manner required by the law, proving the Will's legitimacy before a court may be costly and time-consuming.

We recommend that trust deeds be carefully reviewed prior to purchasing a property in order to ensure that you are fully aware of your tax obligations. Disclosures to the SRO need to be made up front, where appropriate. If you think that you may have inadvertently breached your reporting obligations, we recommend that you seek immediate legal advice.

A social impact bond or social benefit bond is a form of finance intended to raise capital for programs addressing areas of pressing social need in the community. It can be a particularly attractive option for organisations that do not have sufficient capital to fund a given social benefit project.

It is an unthinkable scenario but it is important to understand and be prepared for what happens if the Executor of a Will dies or is incapacitated. We outline key things to consider that can assist to avoid this situation. Read here for more.

Are you thinking about terminating someone's employment? Do you know how much notice, or warning, you must provide them or how much you must pay them? We outline some key considerations, including notice period and final pay.

A contract is an agreement between two parties that is intended to be enforceable by law. Verbal agreements are contracts that have been agreed by spoken communication.In contrast, a written contract is an agreement that is recorded in writing and is signed by the parties to evidence their agreement. There are certain types of contracts which must be in writing, and this includes contracts for buying or selling houses, or buying a car from a licensed dealer or trader.

Unfair preference claims are brought by a company's liquidator against an unsecured creditor. The liquidator's role is to ensure that the assets of the company are distributed equally between all unsecured creditors. As the name suggests, unfair preference laws prevent one creditor unfairly gaining a preference over another creditor.

Unfortunately, stories regarding dysfunctional Owners Corporations are becoming more and more common. A dysfunctional Owners Corporation can result in a litany of problems, from untidy gardens and unpainted walls, all the way through to damaged common property (or even apartments or townhouses) that just never seem to get fixed.

The PPSR is a national register of security interests held in personal property, and was introduced under the Personal Property Securities Act 2009 (Cth) ("PPSA"). Personal property is any property other than land, and includes vehicles, art, cattle, shares, and copyright. We outline some tips to be aware of in relation to the PPSR.

Small businesses are often subject to unfair contract terms in standard form contracts as they may not have the necessary resources, power or experience to manage contract negotiations. The Federal Government has introduced legislation which will extend the unfair contract provisions currently in place for household consumers to protect small businesses. Mitchell Zadow explains.

Voluntary Administration is the process where the 'Administrator' of a company's affairs makes recommendations to the creditors about what the best course of action is to help the company repay its debuts. During this process, the Directors cease being in control of the company and its affairs. Read here for more details on the process and our tips if your company is facing insolvency or financial difficulties.