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Signing on behalf of a company - be careful with personal guarantees business corporation guarantor Aug 17, 2022

If you’re a director of a company, you may very well have been asked to sign a personal guarantee, to guarantee the company’s obligations under a contract – for example, the payment of invoices to a supplier, or the payment of rent to a landlord.  Sometimes, the company and...

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Case update - what happens with the deposit when a vendor terminates the contract? conveyancing conveyancing act property purchasing property selling property supreme court Aug 09, 2022

Typically, when selling property, the deposit which is paid at the time of exchange is held by the deposit holder, usually the selling agent, until settlement has taken place, at which time it is released to the vendor.  In some instances, it may be released to the vendor prior to settlement...

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Case update - did the size relate to the duplex as a whole, or each residence within the duplex? A lesson in contractual drafting. conveyancing conveyancing act off-the-plan selling property supreme court Jul 12, 2022

Paolucci v Makedyn Pty Ltd [2021] NSWCA 215

In September 2021, the Supreme Court of New South Wales’ Court of Appeal dealt with a matter concerning a dispute between a property owner (Paolucci) and the developer (Makedyn Pty Ltd) regarding Paolucci’s large parcel in western Sydney...

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Purchase of Residential Real Estate by Foreign Investors australian taxation office (ato) foregin investment review board (firb) foreign investment purchasing property May 08, 2022

 The Australian Federal Court has issued the first penalty order for breaches of Australia’s foreign investment rules, resulting in $250,000 in penalties: Commissioner of Taxation v Balasubramaniyan [2022] FCA 374.

A foreign investor has been penalised for purchasing multiple...

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Can a landlord recover unpaid components of rent even though the invoices were incorrect? business lease outgoings supreme court Mar 16, 2022

Commercial landlords should ensure that invoices issued to tenants for rent and outgoing amounts include:

  • the correct GST component
  • any rent increases that are entitled to be charged
  • all outgoings that are entitled to be charged.

The invoices should also be issued in a timely manner and in...

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Shire Legal's Innovation Project Jan 18, 2022

Business innovation = new processes, ideas, services or products. Shire Legal’s innovation project – a new way of doing business – will be revealed on 2 / 2 / 22. Watch this space …

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Frequently Asked Questions about buying and selling property conveyancing faqs property purchasing property selling property Jan 12, 2022

We literally handle hundreds of sales and purchases of property each year, and whilst our main role is to guide our clients through the legal aspects of the transaction, there are often many non-legal questions that are raised by our clients.  Many of these questions are asked by different...

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Sexual harassment at work - now unlawful conduct business employee rights fair work act sex discrimination act sexual harassment unlawful conduct Jan 09, 2022

The “Respect at Work” legislation (Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth)) took effect on 10 September 2021, focusing on sexual harassment in the workplace and extending compassionate leave entitlements to include miscarriage. The legislation...

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Silence and a handwritten amendment to a retail lease disclosure statement australian consumer law business disclosure statement landlord lease misleading and deceptive conduct nsw civil and administrative tribunal (ncat) property retail lease retail leases act tenant Aug 10, 2021

It is imperative for both landlords and tenants that whenever a retail lease is being negotiated, any required amendments to terms of the lease that remain to be negotiated are brought to the other party’s attention so that they can be negotiated, and the documents amended to...

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How to avoid director penalty notices australian taxation office (ato) business corporations act director penalty notice estimate notice Jan 04, 2021

If you are a director or former director of a company and the company does not meet its pay as you go (PAYG) withholding, goods and services tax (GST) or super guarantee charge (SGC) obligations, the Australian Taxation Office (ATO) may recover those amounts from you...

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Acting under a Power of Attorney estate planning estates power of attorney real property act Nov 12, 2020

The Equity Jurisdiction of the Supreme Court handed down a decision on 23 October 2020 in relation to legal issues in the areas of Estate Law and Property Law. Several properties which are of importance in the case are located in the Sutherland Shire.

Guirguis v Girgis [2020] NSWSC 1468 (23...

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Retail landlords - know your obligations under the Retail Leases Act business landlord lease property retail leases act supreme court tenant Oct 26, 2020

There are special rules that apply to commercial leases that fall within the definition of being a “retail lease”.  Under the Retail Leases Act 1994 (NSW), landlords must, amongst other things, comply with strict deadlines for providing various notices to their...

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