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.
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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.
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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Recent articles
Debt Collection
As a Creditor, how do you recover a debt owed to you? Caroline Callegari outlines options available to businesses and individuals.
To spray or not to spray?
To spray or not to spray? A wrong decision can have serious economic consequences as Caroline Callegari explains.
Domestic building works: is it a 'fixed price' or a 'cost plus' contract?
Domestic building contracts are usually either a 'fixed price' or a 'cost plus' contract. The difference between these two types of contracts is significant as our Property Law team explains.
Solving the Restrictive Covenant Mystery
“To buy or not to buy” or “To develop or not to develop”? A Restrictive Covenant on title is an important consideration for would-be purchasers and developers as our Property Law team explains.
My farm has been hit by 'spray drift' - what can I do?
The spraying of herbicides and pesticides is an important part of a farmer’s crop management regime. Getting it wrong can have devastating consequences. Caroline Callegari outlines what to do when spray drift hits your farm.
Elder Abuse - How to protect your assets
According to the World Health Organisation, around 1 in 6 people over the age of 60 have experienced some form of abuse in community settings during the past year. Unfortunately, the rates of abuse increased during the COVID-19 pandemic, and may continue to increase with an aging population. Sarah Slattery explains.
What can I expect at a Directions Hearing?
Once litigation proceedings are instituted, the first appearance in court is most likely to be a “directions hearing”. This article discusses what is involved in a directions hearing and outlines some important factors to consider in the lead up to and on the day of the directions hearing.
Independent Contractor or Employee? The High Court clarifies the test
In two recent decisions, the High Court has reframed how to determine whether a worker is an independent contractor or employee.
A Guide to insolvent trading
Insolvent trading occurs when a company is unable to pays its debts when they fall due. As a director, your duty is to prevent the company from trading whilst insolvent, and to ensure it is solvent prior to incurring additional debt.
Federal Election 2022: Industrial Relations
Despite the Coalition and Labor having modest ‘small-target’ policy offerings at this election, there are important differences between the two parties on industrial relations. In this update, we will analyse the likely impact on employment law depending on the outcome of the election.
Taxes and deceased estates
Nothing is certain in life except death and taxes! When dealing with a deceased estate, there are important tax issues to consider.
What do you do when your Property Certificate of Title has the incorrect or incomplete information?
Ensuring the details on your Certificate of Title are correct and up-to-date can avoid issues with future transactions. Common errors resolved by our Property Law team.
