Articles
-
15 March 2017
Dispute Resolution & Advisory
Setting aside a subpoena: oppression and fishing expeditions
In our first instalment of how to deal with a subpoena, we looked at the simple machinery behind subpoenas, and how you should respond to one should you have the joy of “being served”. You will recall from our first instalment that a subpoena is a c…
-
13 March 2017
Deceased Estates
When families disagree over a loved one's burial
Unfortunately, there will sometimes be a dispute between family members regarding the burial of a loved one. Different family members will have strongly held views about the type of memorial service and the proper disposal of the deceased’s body. T…
-
13 March 2017
Data Protection & Privacy
Give me my metadata!
Every day, we create 2.5 quintillion bytes of data – that’s a huge number, 18 zeros. This data comes from everywhere: sensors used to gather information about the performance of your car, posts to social media sites, digital pictures and videos, shop…
-
07 March 2017
Workers Compensation
Insurer wins first judicial review case brought by a worker again…
On 2 March 2017 Justice Wilson of the Supreme Court of NSW delivered a decision in Hallmann v National Mutual Life Association of Australasia Limited [2017] NSWSC 151
-
01 March 2017
Personal Property Securities
PPSA - blessed relief for the hire industry is coming
Australia’s hire industry has, for several years now, been seeking relief from the draconian effects of the Personal Property Securities Act 2009 (Cth) (PPSA). Those efforts finally look set to bear more fruit with the introduction today into Feder…
-
23 February 2017
Property
The perfect space, but is it the perfect lease?
So you’ve found the perfect space to lease for your business but it involves taking over the lease from an existing tenant. What are some things you should consider before signing the lease? The agent procuring the deal has probably told you to just…
-
-
22 February 2017
Property
Abandoned goods – What rights do landlords have?
You grant a lease or a licence, and the tenant or licensee (in this note, we will refer to both as “tenant”) moves out leaving fixtures or other items in the premises. (Fixtures are items which are fixed to buildings or land in a way which indicates…
-
21 February 2017
Property
When a public road gets in the way of development
Dedicating land as a public road is easy and inexpensive – it happens on registration of a plan at Land & Property Information! But reversing the process – known as road closure – is quite the opposite and a source of angst for councils, members…
-
14 February 2017
Personal Property Securities
PPSA in Practice - Big Trouble in Little Security
This paper addresses, in no particular order, some of the practical issues the authors have encountered in advising clients on the operation of the Personal Property Securities Act 2009 (Cth) (PPSA or Act) and related legislation, particularly where…
-
08 February 2017
Workers Compensation
Personal injury or disease?
Under the Workers Compensation Act 1987 (NSW) (“WCA”), workers may be able to recover compensation if they suffer a personal injury or a disease injury. So, what’s the difference between a personal injury and a disease? This question was considere…
-
07 February 2017
Workplace Law & Culture
Personal liability for employment law breaches: a broader approac…
The Fair Work Ombudsman, Natalie James, has said that the Fair Work Ombudsman is “adventurously testing the limits of accessorial liability provisions”. Last financial year the FWO sought orders against accessories in 46 out of 50 matters she filed…
-
06 February 2017
Personal Property Securities
PPSA claims another victim - a $23 million asset is lost to the i…
All businesses should be aware of the importance of properly recording security interests on the Personal Property Securities Register (PPS Register). The courts have once again reminded us of the importance of strict compliance with the legislation…
-
24 January 2017
Workplace Law & Culture
Reasonable notice - yet more to consider
Last August we drew attention to a number of decisions that the minimum notice requirements under section 117 of the Fair Work Act displaced any entitlement to reasonable notice.[1] Just a few weeks later, there was a decision to the contrary. We h…
-
-
23 January 2017
Workplace Law & Culture
Expressing an opinion on social media: free speech or employment…
Being alive in the age of social media is an exciting time. We have the ability to connect with others in a way like never before. We can engage in discussions on matters of national and social discourse at the touch of a button. There is a lot to…
-
23 January 2017
Property
The rights of carriers in property transactions
When negotiating a property transaction with a carrier, there are some things that you as a landlord should be aware of. The Telecommunications Act 1997 (Cth) (Act) grants a holder of a carrier licence (i.e. a phone carrier) broad powers to deal wit…
-
19 December 2016
Dispute Resolution & Advisory
Losing priority of security by not searching hard enough
Steven Borsellino used a pseudonym to own property. When he became bankrupt his trustee in bankruptcy conducted a search of the LPI NSW register under the name “Stephen Borsellino”. No properties owned under that name turned up.
-
07 December 2016
Workplace Law & Culture
Disharmony from within: casual confusion reigns
In 1936 the High Court of Australia described casual employment as intermittent or irregular work. It is fair to say that employment, and casual employment, has evolved since then; "Toto, I have a feeling we’re not in Kansas anymore".Employers breath…
