News
Contractual obligations in the wake of COVID-19
The coronavirus (COVID-19) presents numerous challenges for individuals and businesses, amongst them, the legal rights and responsibilities under existing contracts during a pandemic such as this. Parties to a contract that are facing difficulties in meeting their...
Construction Defects in Strata Developments
If you have recently purchased a new or near-new apartment or townhouse in a strata complex, only to find construction defects or poor-quality work, you will no doubt be disappointed and frustrated. Knowing your rights and the relevant time limitations in pursuing a...
Alternatives to Bankruptcy
You may know someone who is having difficulty managing their financial affairs and has debts and liabilities which they cannot meet. They may be considering declaring themselves bankrupt. Before they do so, consideration should be given to some alternatives which are...
Unfair Contracts Update – are you complying with the law?
The Unfair Contract Terms Regime (UCT Regime) was extended to cover standard form contracts entered into with ‘small business’ in November 2016. The Regime is fully operational and has a significant impact on the way Australian businesses contract with each other. It...
Varying the terms of a Will after death
In Australia, a person is ‘technically’ free to choose who should benefit from his or her estate. Testamentary freedom is a well-founded principle. This principle however may be subject to community expectations of moral obligations. Consequently, in some...
Employee or Contractor – do you know the difference?
It's important for all businesses to have systems in place to determine whether workers should be classified as employees or independent contractors, as tax, super and other government obligations are different depending on whether the working arrangement is...
Top five things to consider when moving into a retirement village
A retirement village is a community-style residential development offering accommodation, facilities and services to people from retirement age onwards. There are many types of arrangements which should be carefully explored before making your move to...
Purchasing a commercial property: technical due diligence
Purchasing a commercial property can be a significant financial investment for a buyer. In order to protect his or her potential investment, a buyer should take steps to investigate the risks of acquiring a commercial property and how to reduce those risks where...
Business structures: sole trader
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at the sole trader business structure - how to...
Personal liability for company directors
A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right....