Articles
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01 August 2016
Environment & Planning
The Greater Sydney Commission - Too little, too late or just in t…
The GSC is a statutory body created in an effort provide a coordinated, city-wide approach to planning and development.
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21 July 2016
Workplace Law & Culture
Interpreting awards and industrial instruments: it might seem fai…
Focus is on the plain meaning of the provisions of an award and notions of fairness have no role to play in interpretation.
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13 July 2016
Taxation
A bit less xenophobia – please explain
Pauline Hanson[1] may be in the Senate but Australia’s rules for tax deductible gifts have recently become more outward-looking. Now is the time for charities to consider whether deductible gift recipient status can be utilised for the support of ca…
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30 June 2016
Dispute Resolution & Advisory
How pygmy possums tested the limits of just terms acquisition of…
The Constitution's just terms acquisition provisions won?t apply when someone voluntarily sells land to the government.
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08 June 2016
Competition & Consumer
Ban on 'excessive' credit and debit card surcharges
The new laws do not prevent a merchant from applying a surcharge to a card transaction if the surcharge is not excessive.
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26 May 2016
Wills & Estate Planning
The importance of the lawyer and client contract when preparing a…
The contract between the lawyer and his client to prepare a Will did not extend the duty of care to the beneficiary.
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25 May 2016
Property
Are lease make-good provisions enforceable? - Costs of repair or…
Commercial leases usually contain provisions requiring the tenant to make good the premises at the end of the lease.
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17 May 2016
Dispute Resolution & Advisory
Has the sun set on sunset clauses for developers? - section 66ZL…
Some developers used the sunset clause to terminate a contract with the original purchaser to resell at today?s prices.
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17 May 2016
Dispute Resolution & Advisory
Unfair preference claims by liquidator are trumped by retention o…
ROT clauses can be raised in defence to an unfair preference claim, and the PPSA has strengthened that defence.
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03 May 2016
Property
Selling land for unpaid rates and charges: 8 important questions…
These are eight important questions that vendor councils should address before exercising the statutory power of sale.
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03 May 2016
Workplace Law & Culture
Can you dismiss an employee just because they are disobedient?
Recent decisions show that continual or serious disregard for management?s requests and processes can justify dismissal.
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03 May 2016
Public Liability
Managing the risk from footpath defects and negligence claims: wh…
Councils have had immunity from negligence claims concerning defective footpaths if they had no knowledge of the defect.
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03 May 2016
Dispute Resolution & Advisory
Between a rock and a hard place: how to deal with a payment withh…
Payment withholding requests oblige a council to withhold money from the head contractor so the subcontractor gets paid.
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03 May 2016
Contracts & Procurement
How to make a supply agreement effective through clear KPIs and S…
Key Performance Indicators (KPIs) and Service Level Agreements (SLAs) are common in long-term supply or service agreements.
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03 May 2016
Environment & Planning
Why you can't rely on a savings provision in a Local Environmenta…
Councils should exercise caution when relying on savings provisions in an LEP, according to this recent LEC decision.
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27 April 2016
Workers Compensation
Workers Compensation Commission determines meaning of "paramedic"
The meaning of the term "paramedic" denotes an employee who has been "classified" as a paramedic by virtue of the Award
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26 April 2016
Workplace Law & Culture
Don't be so thin-skinned: not all social media posts lead to dism…
This decision highlights important features of the unfair dismissal regime and provides guidance on social media misuse.
