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.
Retail or not? Why your Lease needs to be clear from the start
There is an increasing number of disputes emerging between commercial landlords and tenants over whether their lease agreements are subject to the Retail Leases Act, particularly in relation to those outgoings which are not recoverable from the tenant under the Act. Litigation Lawyer, Graham Egan looks the recent case of Grand View Trading Pty Ltd v SJV Properties Pty Ltd.
Some free advice for anyone looking to handle their own legal dispute
Litigation lawyer Graham Egan outlines the serious risk faced by all self-represented litigants is not knowing what they don’t know about the law or the process until it’s too late to do anything meaningful about it.
Why you should use a solicitor to prepare an Enduring Power of Attorney
An Enduring Power of Attorney is a legal document that allows you to appoint another person to make financial and personal decisions on your behalf. As this document directly impacts your future care and financial matters, it is essential that it is correctly prepared in accordance with legal requirements.
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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.
Recent articles
The Personal Properties Securities Register ('PPSR')
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.
Unfair Contract: Small business protection
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: When, where and how?
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.
Real Estate Agents: what's in a name?
When giving any form of notice under the contract of sale of real estate, it is best to serve the notices on the contracting party itself, with a courtesy copy to any 'agent'. Or, alternately, ensure that any 'agent' you are dealing with has the express authority from the Vendor or Purchaser to receive notices.
Unconscionable Conduct in Leasing
Unfortunately, there is no easy definition of what a Court would consider to be unconscionable conduct in a Lease. The Retail Leases Act sets out various factors to be considered when assessing a party's conduct.
Estate planning and family law: Protecting the inheritance from family law claims
When parents are passing on their wealth to the next generation, they are often concerned that it not fall into unintended hands. Primarily, this concern relates to the potential for a child's spouse to receive a payment from the inheritance in a Family Law settlement.
Committee Members: Do you know your duties?
If you thought that only company directors have to worry about insolvent trading, you would be wrong. Many of the duties that apply to company directors also apply to the committee members of Incorporated Associations!
Powers of Attorney Act 2014: Protection of disabled and elderly from financial abuse
On 1 September 2015, the new Powers of Attorney Act 2014 (Vic) commenced operation in Victoria. The new regime is intended to assist in preventing financial abuse of the disabled and elderly and to make it easier for these people to give effect to their decisions.
Be alert to ATO action!
The Australian Taxation Office (ATO) has recently been cracking down on certain activities of Family Trusts, particularly in relation to certain arrangements for distributing income from the Trust to beneficiaries. Some of the activities that the ATO is examining closely are "gift back" arrangements. Andre Ong explains.
Representations to secure a tenant: binding or just a sales pitch?
There is always a fine line between the expected 'sales pitch' and a genuine representation or promise to get a Tenant over the line. Care needs to be taken when offering incentives to a Tenant and it is in the interests of both parties that all terms that are intended to be binding are included in the Lease document.
Landlords beware! How safe is your security deposit?
In a lease, security deposits are funds provided by a Tenant and held by the Landlord or Landlord's agent, as security for performance of a number of Tenant obligations pursuant to the lease.
Essential safety measures: Who pays?
Over the past few years, there have been conflicting views on whether a Landlord or a Tenant was responsible for the expense of essential safety measures ('ESM') in rented premises.
