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.
.jpg)
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.
.jpg)
Recent articles
Breach of Contract! What damages can I claim?
A contract is an integral element in most business relationships. Our Litigation team outlines the options for the affected party when the other side fails to meet its contractual obligations.
Changes to Unfair Contract Laws – Be Prepared!
Mitchell Zadow summarises the key changes to Australia’s unfair contract laws, which included a 12 month implementation period ending on 9 November 2023. If the changes affect your business and you haven’t reviewed your trading terms yet, act now!
When is Probate not required?
Wills & Estates Lawyer Sarah Slattery discusses the situations where Probate is not required in order for the Executor to administer a deceased estate.
"Thumbs-up" emoji just got serious!
Be careful of your emoji response in business communications. Don’t be caught out by a smile or a thumbs up!
Risks of purchasing property from an online market place
No matter the circumstance in which property is sold or purchased, there are processes that must be followed to ensure that the property transaction is legal and valid. Our Property Law team summarise some key points to consider.
Taking Action Against Fraud – Protecting Your Assets and Rights
As fraudsters widen the breadth of their activities, vigilance can help reduce the risk of falling victim to a scam and a quick response may limit the potential harm.
Notices of Option to Renew: Landlord Obligations
When providing an option to retail tenant to renew a lease, landlords can reduce the risk of a dispute arising by confirming the notice is sent, delivered and acknowledged.
Lost Family Trust Deeds – an update
When an individual’s expectations in a Will are not met, this can lead to conflict with the Executors and other family members. Binay Prasad, Senior Associate and Accredited Specialist (Wills & Estates) looks at a VSCA decision in the matter of Vanta Pty Ltd v Mantovani.
How can I protect my child’s inheritance from a family law claim?
The Family Court has far reaching powers when dividing property (including an inheritance) between separating spouses. Expert legal advice is essential in order to reduce or eliminate the risk of a successful family law claim against an inheritance. Binay Prasad, Senior Associate and Accredited Specialist (Wills & Estates) explains.
What is a Part IV Claim?
When an individual’s expectations in a Will are not met, this can lead to conflict with the Executors and other family members, as our Wills & Estates Law team explain.
Lost Trust Deeds: a common problem
If the original trust deed is lost, misplaced or accidentally destroyed, this can lead to advserse financial and tax consequences. Binay Prasad, Accredited Specialist (Wills & Estates) provides an update following a decision in March 2023 by the Victorian Supreme Court of Appeal.
The High Court clarifies Insolvency Law
The two recent High Court decisions should make unfair preferences work in a clearer way which is easier for all parties – and indeed the community as a whole – to understand and accept, as Mitchell Zadow, Accredited Specialist (Commercial Law), explains.
