Articles
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29 May 2017
Personal Property Securities
PPSA – Australia’s hire industry is now largely out of the woods
Australia’s hire industry had been seeking relief from the draconian effects of the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSA resulted in many hire businesses losing ownership of their equipment when they failed to register a hire…
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15 May 2017
Workers Compensation
Section 67 claims: a softly beating heart?
The 2012 amendments (Workers Compensation Legislation Amendment Act 2012) abolished the entitlement to compensation for pain and suffering under section 67 of the Workers Compensation Act (WCA) from 19 June 2012.[1] However, does a worker who made…
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28 April 2017
Workplace Law & Culture
No room for hate in the workplace
It was a surprise when a Federal Government Minister recently criticised corporations on supporting same-sex marriage saying “it is unacceptable that people would use companies … to throw their weight around”. Aren’t companies supposed to be good co…
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19 April 2017
Dispute Resolution & Advisory
Litigation costs orders – how to maximise your return
It’s the issue that is top of mind for almost all litigants. However, it’s probably one of the most misunderstood.
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04 April 2017
Workplace Law & Culture
Resolving conflicts & bad behaviour in alternative ways
There are alternative ways to tackle employment conflicts, disputes and bad behaviour. Believe it or not, it is not a case of having to "investigate" every complaint or incident!
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27 March 2017
Deceased Estates
Dementia Incapacity
An aging population has resulted in an increase in age related illnesses such as dementia. You are often faced with the issue of who is best to manage an elderly person’s affairs as a result of that person’s legal incapacity. The issue becomes compli…
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17 March 2017
Property
Move quickly to remove a caveat
If an owner wants to remove a caveat from the title to the owner’s land, issuing a lapsing notice is a quick and easy way to shift the problem to the party that lodged the caveat (caveator). Once the caveator has been served with the lapsing notice t…
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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…
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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…
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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…
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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
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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…
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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…
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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…
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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…
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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…
