Articles

Builders’ payments: Residential restriction on security of payment law
Published on October 1, 2013
In a recent case a builder failed in a claim for payment from a homeowner who was not living in the property while the work was being carried out...    

Correcting Incorrect Information on your Credit Report 
Published on October 1, 2013 
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.    

Employment Law Review
Published on October 1, 2013 
The Modern Award system and the National Employment Standards (NES) commenced on 1 January 2010...    

Estate executors: Know your tax obligations 
Published on October 1, 2013 
Agreeing to be executor of an estate means accepting obligations to the tax office...    

Failure to pay Notice payment results in 12 months pay 
Published on October 1, 2013 
A decision by the Industrial Relations Commission in Costopoulos v Hansen Yuncken Pty Limited 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...    

GST Treatment of Adjustments on Settlement in Sale of Real Property
Published on October 1, 2013 
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 the adjusted purchase price.    

Illegal downloads: Internet service provider not held responsible 
Published on October 1, 2013 
In their continued grappling with the role and function of law in cyberspace, courts are showing increasing understanding of internet-based business models...    

Information champion: Major reform of freedom of information laws 
Published on October 1, 2013 
An information commissioner with broad investigative – and some coercive – powers is just one element of major freedom of information law reform in NSW...    

Liability of Company Directors 
Published on October 1, 2013 
An English Court of Appeal decision has potential implications for company directors including Australian directors...    

Mortgage trap: Stamp duty payable on vendor finance 
Published on October 1, 2013 
Structuring a loan transaction correctly is important to avoid unnecessary stamp duty...    

Pitfalls for unrepresented litigants 
Published on October 1, 2013 
 In this case Master Malpass of the Supreme Court of NSW dismissed proceedings commenced by the Plaintiff with an Order that they pay the Defendant’s costs.    

Register trust deeds: Stamp duty costs if the deed is lost 
Published on October 1, 2013 
The cost of registering an original trust deed generally pales into insignificance compared to the cost associated with a lost one...    

Resale royalties: Sellers – and buyers – of art works may have to pay 
Published on October 1, 2013 
A new law introduces a five per cent royalty payable on the commercial resale of works of visual art, including ceramics, fine-art jewellery and sculptures...    

Retail Lease Costs under the Amended Retail Lease Act
Published on October 1, 2013
The recent amendments to the Retail Leases Act have changed what lease preparation expenses Landlords can pass on to Tenants.    

Tender bids: When price can change after closing date
Published on October 1, 2013
Price is an essential element of a tender, and courts have found that an offer which is uncertain on price cannot form the basis of a binding contractual relationship. An issue often faced is the extent to which corrections can be made to price schedules following close of tenders...    

Third party liability: A ‘reasonable response’ to risk of criminal act 
Published on October 1, 2013
A truck driver was tragically killed when four youths dropped blocks of concrete from an overpass into the freeway below...    

Towards Collaborative Problem Solving in Business 
Published on October 1, 2013 
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.    

Unfair Dismissal Remuneration Limits Outlined 
Published on October 1,2013
The New South Wales Industrial Relations Commission dismissed an application brought for unfair dismissal on the basis that the worker's annual income exceeded the amounts set out in the legislation.    

Voting rights for vision impaired: Secret voting a right 
Published on October 1, 2013
 The NSW Electoral Commission has been reconsidering its position since the courts found it had unlawfully discriminated against someone who was blind by failing to provide a Braille ballot paper...    

Warnings in the context of negligence 
Published on October 1, 2013
The High Court decision in Hoyts Pty Limited –v- Burns decided an appeal which turned on the existence and efficacy or lack thereof, of warning signs...