The NSW Minister for Fair Trading is expected to today announce a new trust fund scheme designed to prevent insolvent builders from keeping money that is owed to subcontractors after the job is completed.

The new retention trust scheme is the first of its kind in Australia, and was developed in res...

The ACCC has commenced proceedings against an online retailer,Electronic Bazaar, for alleged breaches of the Australian Consumer Law (ACL).

The ACCC alleges that the owner of Electronic Bazaar made false and misleading representations about:

• the availability of consumer refund rights – suggestin
...

The annual work Christmas party is usually the one and only opportunity for workmates to really let their hair down, socialise away from the usual constraints of work and celebrate the festive season … a celebration which unfortunately has the potential to result in a whole host of legal issues for ...

From 1 January 2015, the current Franchising Code of Conduct will be repealed and replaced with a new Code.  This will apply to all franchise systems operating in Australia. Whilst the Code will remain largely the same, some of the changes the new Franchising Code will bring include:

• introducing
...

The Government has passed legislation that will give the ACCC stronger powers and greater flexibility when enforcing the Franchising Code of Conduct, the mandatory industry code regulating the conduct of both franchisors and franchisees alike.

The Bill, which will commence on 1 January 2015, gives ...

The Federal Court earlier today handed down its ruling in the proceedings commenced by the Australian Competition & Consumer Commissionagainst Coles supermarkets, ordering that:

• Coles be banned for 3 years from advertising its bread as “fresh” and “baked daily” when that wasn’t the case
• Coles mu
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The Grattan Institute released a report in 2014 called “Dying Well” noting that although 70% of Australians want to die at home, only 14% end up doing so, with the rest passing away in hospital or aged care facilities.  The report encourages policy and attitudinal change to assist people to “die wel...

A Granny Flat is typically a self-contained unit within or attached to another home, often with the intent that the elderly resident can be close to family and help if required.

For social security purposes, a granny flat arrangement does not necessarily require a separate residence – it just needs...

It is not uncommon for a landlord to make extensive investigations into a tenant’s financial situation, to minimise the risk that the tenant will fall into financial hardship and not be able to pay the rent.

But what if the landlord suffers financial hardship?  What then are the tenant’s rights?

I...

Every so often, a default judgment will be entered against an apparent debtor, but the debtor has no idea about the court proceedings having been commenced against it, or indeed about the debt itself.

The first time they know about it is when the sheriff comes knocking on their door, or when they a...

If you hear that someone has said something about your character or some other personal trait, often a knee-jerk reaction is to think “they’ve defamed me and they can’t do that.”  However this is not always the case.  You first need to understand the legalities of defamation, and how this may apply ...

Time and time again Shire Legal prepares Wills for parents who are living in Australia and whose ex-spouses are resident overseas, with little or no contact with the children. If the Australian parent dies, will the children be required to move overseas to live with their surviving parent?

Not nece...