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.
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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Understanding the 7.5% Short Stay Levy: Essential Insights for Accommodation Providers
A new 7.5% short stay levy applies to short-term accommodation bookings in Victoria — find out how this impacts you, who pays for the levy, and how to avoid penalties. Property Lawyer Coco Yu explains.
Recent articles
A valid market rent review?
When market rent reviews in Leases are undertaken, the determination as to the new rent will generally be final. However, this might not be so when the review has been completed in a manner inconsistent with the wording of the Lease.
Who gets the guarantee?
Can a new landlord enforce guarantees imposed by the previous landlord? Read here for more information.
Unreasonable withholding of consent by a landlord
When can a Landlord reasonably withhold consent to a transfer of a Lease where the legal identity of the Tenant is to change? An example set out in this case explains when it is reasonable for a Landlord to withhold such consent, given the circumstances.
Special conditions: Out of control!
Difficulties can often arise in interpreting the special conditions of a Contract when things do not go to plan. Here is an example of what can go wrong. We provide some practical tips for how to avoid ending up in a similar situation.
Retaining a lawyer for conveyancing when selling a property
In selling your Property, you are not only dealing with a substantial asset, but you are also going to enter into a very valuable Contract with a party you probably have never met or dealt with. Given this, your rights should be properly protected from the many risks and dangers not only from the nature of the transaction but also from any actions of the Purchaser or their solicitors/conveyancers. A solicitor is best placed to give you this protection and peace of mind.
Purchaser's nominee: Don't be left out in the cold
An agent should be aware that, in the situation where the original purchaser has nominated an alternative purchaser, original purchaser continues to be bound by the contract and not the alternative or nominee purchaser.
Picking up the pieces of a broken contract
When a Tenant breaches their lease, all appropriate losses incurred by the Landlord should be claimed from the Tenant to ensure that the Landlord is fully returned to the same position the Landlord was in prior to the breach.
Retaining a lawyer for conveyancing a new property
Buying real estate is a substantial commitment both financially and otherwise and your rights should be properly protected from the many risks and dangers in the transaction from the initial Contract through to settlement and beyond.
My retail tenant is selling its business. What are my obligations?
In selling its Business, your Tenant will need to arrange for a Transfer of the Lease of the Premises from him/her/it to the Purchaser of the Business. As Landlord, your key consideration is whether to consent to such a transfer.
Illegal job interview questions to avoid
When interviewing potential new employees, employers need to be careful about the questions they ask. Even engaging in some friendly small talk during the job interview could potentially be used later against an unwitting employer.
Dangers in including vendor content in sales brochures
What is your liability to the Purchaser if your Vendor client has given you a diagram or content you use in your marketing that turns out to be wrong? Be aware of what representation you make when handing brochures or other documents to the Purchaser and ensure that you have suitable disclaimers in place to protect you.
Commission on a re-sale? Not so fast!
If your client's sale falls through, always make sure you enter into a new Sale Authority if the property is going back on the market!
