Blog

Love thy neighbour – especially if you’re renovating! Using easements to your advantage. easements neighbours property renovation Apr 20, 2016

There are a number of reasons why it’s a good thing to know your neighbours and be on good terms … but one situation that may not come immediately to mind is when you want to renovate or develop your property.  Having a good relationship with your neighbour can be the difference...

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Smaller businesses are not immune from the ACCC accc australian consumer law business false or misleading representations misleading and deceptive conduct Apr 18, 2016

So, as a smaller business, do you think you are immune from the wrath of the ACCC?  Think again.

 In recent months, the ACCC has been successful with the following enforcement action:

  • Omniblend Pty Ltd – an online retailer of kitchen applicances – found guilty of...
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Waltzing Matilda - a trademark? business intellectual property ip australia trade marks Apr 06, 2016

The media last year picked up on the fact that a Victorian company had applied to IP Australia for a trademark over the phrase “Waltzing Matilda” for goods and services relating to online material, videos, CDs etc.  It was reported that as a result, the town of...

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Developers pulling out of off-the-plan contracts conveyancing conveyancing act off-the-plan property purchasing property sunset clause Mar 10, 2016

As some people may be aware the government passed new legislation, the Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW), at the end of last year with the sole purpose of amending the Conveyancing Act 1919 (NSW) to prevent a developer from unreasonably rescinding an off-the-plan...

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When a deceased drastically changes their will just prior to their death capacity deathbed wills estate planning estates family provision Feb 11, 2016

When there are drastic changes in the content of the will of a deceased just prior to their death, a number of potential issues arise which need to be addressed in the administration of the deceased’s estate.  It is not uncommon for so called “deathbed wills” to be...

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What does it mean to be proactive, rather than reactive business contract law employment law litigation partnership agreements Feb 01, 2016

We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps...

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Swimming pool compliance - doesn't matter if your pool is big or small, you still need to comply property swimming pool compliance Jan 22, 2016

As most people know, if there is a swimming pool on your property, then you are required by section 7 of the Swimming Pools Act 1982 (NSW) to ensure that the swimming pool is, at all times, surrounded by a child resistant barrier which complies with the Building Code of Australia as...

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Have you lay-byed a Christmas Hamper from Chrisco? australian consumer law business false or misleading representations misleading and deceptive conduct unfair contracts Dec 17, 2015

The Australian Competition & Consumer Commission (ACCC) commenced proceedings against Chrisco Hampers Australia Ltd (Chrisco) in the Federal Court almost 12 months ago, alleging that the lay-by agreement for its Christmas hampers was unfair.

The Federal Court has just handed down...

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What to do if your property is damaged between exchange and settlement? conveyancing conveyancing act property property damage purchasing property selling property Dec 09, 2015

With the wild weather in New South Wales of late, the question has come up – what happens if the property you are buying is damaged between exchanging contracts and settlement? What are your rights? Does the vendor have to fix the damage? Do you have to settle?

Part 4 Division 7 of the...

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My relative has died without leaving a will (that is, intestate). What do I need to do? estate planning estates family provision intestacy wills Dec 08, 2015

It is a commonly held belief that if you die without a Will, your assets automatically transfer to the State.  However, this is incorrect.  It is only if you die without a Will and without any eligible relatives that your assets will transfer to the State.

Who are eligible...

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Have you entered into an unfair contract? business competition and consumer act contract law unfair contracts Nov 25, 2015

Have you ever entered into a business contract which you think is unfair? Was it a standard form contract which offered plenty of protection for one party but not the other? Smaller businesses now have protection from unfair contracts under laws which were introduced on 12 November 2015.

...
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Alleged misrepresentations and unconscionability in the training industry accc australian consumer law business false or misleading representations misleading and deceptive conduct phoenix activity Nov 24, 2015
The ACCC has commenced proceedings in the Federal Court against a training college which offered VET FEE-HELP Diploma courses,costing from $18,000 to $21,000 per course.
 
 
It is alleged that:
 
False or misleading representations
 
  • between January and...
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