Employment Law Review
Published on December 16, 2009
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Asbestos Regulations for Building Owners
Published on March 22, 2009
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De Facto Relationships Property Disputes
Published on March 22, 2009
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First Home Buyers Eligibility
Published on March 22, 2009
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Foreign Investors in Real Estate
Published on March 22, 2009
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Superannuation & Your Will
Published on March 22, 2009
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Towards Collaborative Problem Solving in Business
Published on February 16, 2009
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The collaborative law process is designed to assist parties to resolve their disputes without resort to litigation. Unlike mediation, it is most effective in the early resolution of disputes. Many mediations take place shortly before the hearing date set for the matter and after considerable time, effort and expense have been invested in the matter in a last ditch attempt to avoid litigation.
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Correcting Incorrect Information on your Credit Report
Published on October 26, 2006
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Credit Reports are intended to be a means of warning credit providers about people who would have a poor history in repaying credit extended to them. Unfortunately, the information on Credit Reports is not always accurate but it still has a lasting effect on your ability to obtain finance.
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Retail Lease Costs under the Amended Retail Lease Act
Published on February 24, 2006
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The recent amendments to the Retail Leases Act have changed what lease preparation expenses Landlords can pass on to Tenants.
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GST Treatment of Adjustments on Settlement in Sale of Real Property
Published on December 15, 2004
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The sale of real property generally involves the payment of a deposit at the time of exchange of contracts, with the balance of the purchase price payable on completion of the contract. The balance of the purchase price is adjusted to take into account these outgoings. The adjustments vary depending on whether the outgoings are paid in advance or are unpaid at the date of settlement. The issue is whether GST is paid on the original purchase price or teh adjusted purchase price.
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Indemnity Clauses - Andar Transport V Brambles - High Court says Indemnity Clauses read strictly against party receiving indemnity
Published on June 20, 2004
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The High Court in Andar Transport v Brambles stated that indemnity clauses remain special provisions with special interpretation rules so, unless the indemnity is absolutely clear in providing an indemnity in favour of a contracting party who was negligent in causing a loss, it will not be effective.
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Pitfalls for unrepresented litigants
Published on February 1, 2004
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Master Malpass of the Supreme Court of NSW recently dismissed proceedings commenced by the Plaintiff with an Order that they pay the Defendant’s costs.
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Liability of Company Directors
Published on December 14, 2003
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The Court of Appeal in England recently handed down a decision that has potential implications for company directors including Australian directors
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Warnings in the context of negligence
Published on December 14, 2003
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The High Court recently decided an appeal which turned on the existence and efficacy or lack thereof, of warning signs. The Plaintiff fell and injured herself at a cinema when she tried to sit back in a seat which retracted as soon as she stood upright. She failed at first instance but succeeded in the Court of Appeal. The High Court restored the original verdict, on the basis the Plaintiff’s conduct would not have been any different had a warning sign been erected putting her on notice of the way in which the seats retracted. The decision is useful because Justice Kirby set out criteria relevant to the obligation to provide a warning notice.
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Submissions on Draft Statutory Guidelines on Research under the Health Records and Information Privacy Act 2002
Published on November 25, 2003
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Submissions on Draft Statutory Guidelines on Research under the Health Records and Information Privacy Act 2002 are being sought from members...
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Failure to pay Notice payment results in 12 months pay
Published on November 21, 2003
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A recent decision by the Industrial Relations Commission has found that the lack of notice provisions in the employment contract of a 63 year old construction worker/builder's labourer and the failure to pay notice payment amounted to unfairness in the conduct of the employee's employment contract.
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Unfair Dismissal Remuneration Limits Outlined
Published on November 1, 2003
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The New South Wales Industrial Relations Commission recently dismissed an application brought for unfair dismissal on the basis that the worker's annual income exceeded the amounts set out in the legislation.
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