Articles
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16 September 2015
Corporate Governance
'No Comments Please' - limits to shareholder activism at AGMs con…
The ability of shareholders to control or comment at AGMs on the board?s exercise of its powers of management is limited.
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01 September 2015
Wills & Estate Planning
The digital age and computer-generated wills - a word of caution!
Computer-generated wills and applications that ignore signing and witnessing formalities can cause more expense and delay.
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28 August 2015
Court considers broad range of issues in mutual will agreement ca…
The Court found no mutual will agreement or testamentary promise, and restated useful principles about such arrangements.
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28 August 2015
Workers Compensation
Court of Appeal knocks out top-up claims for workers compensation
This decision may mean that workers could delay bringing their lump sum compensation claim to ensure maximum benefit.
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26 August 2015
Workers Compensation
Section 59A Workers Compensation Act 1987, where degree of perman…
This decision opens the doors for arbitrators to determine whether a worker?s injury has resulted in permanent impairment.
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19 August 2015
Dispute Resolution & Advisory
Statutory demands - a cheap and effective way to recover a debt,…
An alleged debtor can approach a court for orders to set aside the demand, with costs, if any of the provisos is breached.
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17 August 2015
Dispute Resolution & Advisory
The use of listening devices in NSW - evidence or 'off the record…
The SDA has rules surrounding when the recording of a private conversation can lawfully be used as evidence in court.
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12 August 2015
Workplace Law & Culture
Court of Appeal determines injury unrelated to work - not 'in the…
This decision by the Court of Appeal affirms the principle 'in the course of employment? is determined by the employer.
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12 August 2015
Workplace Law & Culture
For the record, when can you disclose information about your empl…
An employee record may be disclosed where it is 'directly related? to the current or former employment relationship.
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07 August 2015
Property
Option to renew your lease? Use it before you lose it!
Tenants must check the provisions and comply strictly with the option requirements to ensure the renewal of the lease
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07 August 2015
Property
Ending a residential tenancy agreement - considerations for landl…
Different rules and notice periods apply in relation to terminating a fixed or a periodic residential tenancy agreement.
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24 July 2015
Binding death benefit nominations for superannuation funds - prob…
Superannuation is not an asset of the estate and a trustee is not bound to follow the directions of the testator in a will.
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15 July 2015
Dispute Resolution & Advisory
Making heads and tails of proportionate liability - the High Cour…
Proportionate liability regimes enable liability to be 'apportioned? between wrongdoers in line with their responsibility.
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15 July 2015
Dispute Resolution & Advisory
Confirmation of an adjudication antidote and good news for princi…
An appropriately worded security provision in a building contract can be powerful tool in the hands of the principal.
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13 July 2015
Workplace Law & Culture
July marks a new financial year, with new numbers for access to t…
Award and EA-free employees who earn over the high income threshold are not eligible to make a claim for unfair dismissal
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29 June 2015
Wills & Estate Planning
Notional estate - The long arm of family provision law
If estate assets are insufficient for the family provision order, the Court can make an order affecting other assets.
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26 June 2015
Family provision orders and overseas assets
The Supreme Court can always take overseas assets into account by adjusting the orders it makes affecting NSW property.
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22 June 2015
Environment & Planning
Residential flat design code (RFD Code): Determining minimum ...
Where SEPP 65 applies to a development proposal, the larger minimum unit size standards in the RFD Table should be used.