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
Your business name is a valuable asset!
Whether you are planning to start your own business or take over an existing business, there are procedures to follow to ensure that your business complies with Government regulations and the Corporations Act 2001 (Cth). Commercial Lawyer Ignatius Suwanto explains the purpose of a business name and provides tips on how to register or transfer your business name.
What are the consequences of bankruptcy?
Personal Insolvency occurs when a person is unable to pay their debts as and when they fall due. Bankruptcy is the legal process that follows. Our article outlines some of the consequences of being declared bankrupt.
Who owns the Tenant’s installations? And how can this impact a market rent review? - A Case Study
Case Note: Are fixtures installed by a Tenant on leased premises the personal property of the Tenant? Our Property Law team reviews a recent case with relevance to AWF Prop Co 2 Pty Ltd v Ararat Wind Farm Pty Ltd [2020] VSC 853.
Your Will should be as unique as you. Take the time to properly look after your loved ones.
Your Will should be as unique as you. Careful estate planning is required to ensure that your assets pass to your intended beneficiaries in the most advantageous manner. Binay Prasad, Accredited Specialist (Wills & Estates) explains.
My loved one has died without a Will. What should I do?
Losing a loved one is a very challenging and emotional time. If the deceased person did not leave a Will, you may be wondering where to start.
Extension of Commercial Tenancy Relief Scheme ('CTRS')
The Victorian Government has announced an extension to the operation of the Commercial Tenancy Relief Scheme ('CTRS'). Andre Ong, Principal and Accredited Specialist in Property Law explains.
Building Contracts: Delays and defects
When engaging a builder to build you a new home or even renovate your existing home, there are generally two common issues which you as the owner may face when entering into building contracts. The first is that of delay by the builder and the second is that of defective building works.
Coronavirus: Contracts and Force Majeure
Could the coronavirus pandemic be classified as an event so unforeseeable and so unavoidable as to allow parties to negate their duties under a contract?
New Defamation Laws and the High Court’s decision in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27
Hold that thought! Our Litigation team reviews the new Defamation laws following the High Court’s decision in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27.
Director Identification Numbers - What you need to know?
Recently introduced legislation requires company directors and those considering a directorship to provide proof of identity. Lawyer Ignatius Suwanto explains.
Can I refuse to act as an Executor?
You have been appointed as an Executor of a Will and don't want to act as one. What do you do?
Mandatory Vaccination for Victorian Workplaces
The Victorian Government’s vaccine mandate means that many Victorian employees and contractors will be required to be vaccinated as a condition of continuing to work or returning to onsite work, with employers and site operators having the obligation to ensure that their employees and contractors are complying with the mandate.*
