Articles
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01 September 2017
Building & Construction
Supporting Statement Timing is Critical ...
Exercising the considerable rights afforded to head contractors under the NSW SOP ACT requires strict compliance with its provisions.
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30 August 2017
Dispute Resolution & Advisory
Privilege and confidentiality
Do you know what options you have available to you in preparing documents to be produced in court? Especially if these documents are of a sensitive nature or record communications between you and your lawyers?
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24 August 2017
Building & Construction
Do your construction project contracts reflect your appetite for…
Principals, contractors, consultants and subcontractors are entering into contracts for construction projects every day. Getting a construction contract wrong can be very expensive.
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24 August 2017
Dust Diseases
Asbestos case note - Inability to claim the pension
On 22 August 2017, Judge Russell of the Dust Diseases Tribunal handed down his judgments in Dib v Amaca Pty Ltd [2017] NSWDDT 6 and Londos v Amaca Pty Limited [2017] NSWDDT 7.
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22 August 2017
Workplace Law & Culture
Odds and ends: laws worth knowing about in employment
Advising on employment matters requires an awareness and knowledge of more than just industrial, discrimination and safety legislation. In this session, we examine some of the odd and quirky laws that pop up from time to time.
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08 August 2017
Workers Compensation
Can subsequent section 74 notices trump a work capacity decision?
A recent decision of the WCC in Lowes v Secretary, Dept of Education, found a change in circumstances and subsequent dispute notices were insufficient to provide the Commission with jurisdiction to decide a worker’s claim for weekly compensation.
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02 August 2017
Building & Construction
Defective construction work
“It is your construction work that is defective and you will have to pay the rectification costs! And by the way ... you are also going to have to pay for my time and my staff's time dealing with the rectification of your defects!"
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28 July 2017
Wills & Estate Planning
The challenges of modern estate planning
Speaking at the inaugural Financial Standard Best Practice Forum on Retirement Income, Chris Tsovolos explained how the estate laws around self-managed super funds and discretionary family trusts is still evolving.
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27 July 2017
Workers Compensation
Contractor or deemed worker?
Employers may still be liable for individuals who hold themselves out to be contractors, but are in fact ‘deemed workers’ (Schedule 1, Clause 2 of the Workplace Injury Management Act 1998)(“Schedule 1”).
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24 July 2017
Workplace Law & Culture
Workplace facts and figures
With a new Financial Year, there are a number of key employment thresholds that have changed from 1 July 2017. To view some of the key changes click here.
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17 July 2017
Workplace Law & Culture
Ordinary is boring! (… Unless you’re a business facing redundanci…
The ‘ordinary and customary turnover of labour’ exception won’t apply to every redundancy. It exists to provide vital flexibility for businesses in industries where winning and losing contracts is a common occurrence.
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14 July 2017
Workplace Law & Culture
To be, or not to be: casual is the question
The landscape is about to change for long-term casual employees in Australia. As part of its review of Modern Awards, the Full Bench of the Fair Work Commission has decided that most Awards will need to include a ‘casual conversion clause’.
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11 July 2017
Dust Diseases
Asbestos Case notes
Not many cases run to judgment in the Dust Diseases Tribunal. However, in recent weeks there have been two decisions, one of which lays down what could be regarded as new guidelines in relation to the payment of interest, while the other one of which…
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05 July 2017
Personal Property Securities
Relief for Australian hire industry but ‘PPS lease’ trap remains
This article was originally published by the Law Society of New South Wales on 1 July 2017.
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05 July 2017
Property
Recent changes to the Retail Leases Act 1994 (NSW)
The Retail Leases Amendment (Review) Act 2017 (NSW) commenced on 1 July 2017. Schedule 1 to that Act sets out the amendments which have been made to the Retail Leases Act 1994 (NSW).
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05 July 2017
Property
The dreaded indemnity clause
The indemnity clause is usually the most contested clause in any contract negotiation including in property transactions. This is understandable.
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22 June 2017
Property
The beauty of a concurrent lease
Do you have a telecommunications carrier occupying your land and paying you a yearly rental?
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21 June 2017
Workplace Law & Culture
Getting tough on drugs and alcohol at work
Under the Work Health and Safety Act 2011 (NSW), every employer has a duty to eliminate risks to the health and safety of its employees.