Articles
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05 October 2016
Wills & Estate Planning
'When friendly family loans go bad...' on demand loans
Loans between family members and family entities, sometimes for very substantial amounts, are common. Often their terms are undocumented and there is no specific repayment agreement. But what might happen if you really needed to force the borrower to…
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19 September 2016
Superannuation
The new 'foreign resident' capital gains withholding regime - a n…
From 1 July 2016, a 10% non-final withholding tax applies to persons who 'become the owner? of interests in Australian real property and real property-related membership interests such as shares, with a value above $2,000,000.
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15 September 2016
Taxation
Duty and Land Tax Surcharges to sting discretionary trusts
The New South Wales Government announced two surcharges aimed at 'foreign persons? acquiring and holding residential property in the 2016 budget. The surcharges were introduced by the State Revenue Legislation Amendment (Budget Measures) Act 2016.
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14 September 2016
Taxation
NSW Surcharge Purchaser Duty and Land Tax Surcharge - not limited…
Foreign persons acquiring residential property in NSW on or after 21 June 2016 are liable to pay a 4% surcharge duty in addition to the usual duty payable on the purchase. A land tax surcharge of 0.75% will also apply to foreign persons owning reside…
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07 September 2016
Environment & Planning
Latest Botany Bay challenge to amalgamation dismissed in ....
In a new judgment handed down last week, the Court of Appeal dismissed the latest challenge by the City of Botany Bay Council to the State Government?s proposed amalgamation proposal that would see Botany merge with Rockdale Council.
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25 August 2016
Workplace Law & Culture
Reasonable notice for termination of employment
Do I still get reasonable notice? That is a very good question, and until very recently we would have said, Yes! For those without an agreed period of notice for termination of their employment, the implied term of reasonable notice was a comforting…
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22 August 2016
Dispute Resolution & Advisory
Council's contract claims overturned in Court of Appeal
Circumstances where amendments can be made to the terms of a tender, once the process has been initiated, are limited.
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01 August 2016
Deceased Estates
Further family provision when the plaintiff's life is "a modern u…
The son's claim for further family provision was ultimately unsuccessful, but the costs were ordered from the estate.
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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.
