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.

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July 29, 2013

Section 146 Notices: Clarity is king

How directive does a Section 146 Notice need to be in order to be valid? In a complex case involving managed investment schemes and plantation forest, one part of the case revolved around a Tenant who had been served with a Section 146 Notice by a Landlord who subsequently took possession pursuant to the notice and sold the Premises.

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July 29, 2013

Can tenants now avoid Essential Safety Measures costs?

As a Landlord, it is essential to ensure that your rights to claim essential Safety Measures Costs are clearly included in your Lease and that you comply with your essential Safety Measures Obligations as they arise so that you do not trigger the terms of the Building Act.

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May 15, 2013

Wills are all the same, right? You just put your name at the top and sign at the bottom

As more complex family situations arise, it is increasingly important to properly draft your Will and to follow careful estate planning process. Our Wills & Estates team summarise the advantages of having a properly drafted Will in place to ensure your estate is distributed in the manner you intended.

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May 14, 2013

What is this PPSR I keep hearing about?

All businesses in Australia are now effected by the PPSR, whether by way of security interests being registered against them; or when they are registering security interests in their favour against customers. Mitchell Zadow, Accredited Specialist (Commercial Law) explains how this register can effect you.

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May 14, 2013

New laws for Incorporated Associations: Don't get caught out!

Incorporated Associations are very common. Your local sporting club, community club or other organisation is likely to be an Incorporated Association. All Incorporated Associations must comply with the Associations Incorporation Reform Act 2012.

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May 14, 2013

Does your employee shop at work?

In the lead up to Christmas, we had a media enquiry as to whether employees who waste time at work doing online shopping risk disciplinary action or dismissal? A good question!

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November 13, 2012

Fair process? Avoiding an Unfair Dismissal claim

Sometimes a good reason is not enough. A claim for Unfair Dismissal can arise where the process of dismissing an employee is deficient. When it is time to send a poor performer packing, be mindful of the guidelines in the Fair Work Act 2009.

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November 13, 2012

Avoid the viral spiral: Disgruntled employees and social media

How can you deal with a disgruntled employee who decides to go online and (often anonymously) post less than flattering comments about you and/or your business? We list some basic risk management strategies that you can engage in this area.

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November 12, 2012

Company directors face increased liability risks

For many years now, Company Directors have been personally liable in some circumstances for unpaid PAYG tax liabilities. Recent changes, however, have changed the laws relating to the liability of Directors. As a result, the risks are greater and it is more difficult for a Director to avoid penalties.

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November 4, 2012

What is a Trade Mark and how can I protect it?

A Trade Mark is a unique logo or name or image which distinguishes certain goods and services from those of another person. There is a formal registration requirement and your registration of trade mark in Australia. It is important to consider registration in other jurisdictions if you are involved in business overseas. Managing Partner Mitchell Zadow explains.

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November 4, 2012

Personal Property Securities Act

A security interest is something that secures the payment or performance of an obligation. The Personal Property Securities Act applies to tangible property such as plant and equipment, goods and materials, as well as to intangible property, such as intellectual property rights, contractual rights and book debts.

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November 4, 2012

I don't want my former employees to steal my customers. What can I do?

It is common for employment contracts to include a 'restraint clause' which says that an employee who leaves will not work in the local area for a certain period of time. But what happens if a former employee ignores this?

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