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Why a corporate power of attorney is so important business business law corporation corporations act power of attorney Jan 15, 2025

In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or operational m...

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Understanding Mortgagee Responsibilities and Mortgagor Rights in Power of Sale Transactions conveyancing act mortgage power of sale property Jan 08, 2025

When a mortgagee exercises the power of sale over a mortgaged property in New South Wales, they are bound by specific legal obligations to ensure fairness and transparency. Section 111A of the Conveyancing Act 1919 (NSW) codifies these duties, emphasising the mortgagee's responsibility to secure an ...

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De Facto Directors: Hidden Responsibilities and Legal Risks Under Australian Law business corporations act director penalty notice Dec 12, 2024

In the complex world of corporate governance, not all directors sit formally at the boardroom table. Some individuals may be exercising director-level influence without realizing they carry the same legal obligations as appointed directors. These are known as de facto directors, and understanding th...

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Expanded protections under the Retail Leases Act - understanding the impact on rent review clauses business property retail lease retail leases act Dec 04, 2024

Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW) . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant protections. For...

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When a Business Succession Agreement is not enough to deal with the death of a business partner business business agreement deceased estate estate planning Nov 29, 2024

Iron Horse Machines Pty Ltd v Olmate Holdings Pty Ltd [2024] WASC 383

The dispute between Iron Horse Machines Pty Ltd and Olmate Holdings Pty Ltd arises from the breakdown of a long-standing business partnership between two long-time friends, Mr James Cross and the late Mr Darren Verwijmeren. The t...

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Instructing an expert in an estate challenge - lessons from the Green case capacity deceased estate estate estate planning supreme court Nov 20, 2024

Complexities can arise in disputes over wills and estate management, particularly when questions of testamentary capacity and undue influence are at the heart of the proceedings. In reviewing the recent Supreme Court case of Green v Green [2024] NSWSC 1442 below, we will explore the various legal pr...

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Legal Issues Arising from Powers of Attorney: Key Case Insights estate estate planning estates power of attorney Nov 13, 2024

Powers of Attorney are legal instruments that allow an individual (the principal) to appoint another person (the attorney) to manage their financial and legal affairs. While the Power of Attorney is a vital tool for estate planning, its misuse can lead to significant legal disputes. This blog explor...

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Lessons to be learned from this family business dispute business family business heads of agreement supreme court Nov 06, 2024

A family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New South Wales i...

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Key Issues Commercial Landlords Must Address: Mould, Water Ingress, and Tenant Rights commercial lease lease property Oct 30, 2024

Commercial landlords face a variety of challenges when maintaining their properties. One of the most significant and recurring issues is the presence of mould and water ingress, which can cause health risks and property damage. These issues are especially pertinent in flood-affected areas, where moi...

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Alexakis v Wan [2021] NSWCA 172: Clarifying Payment Deadlines in Property Contracts contract law property property law purchasing property Oct 23, 2024

In Alexakis v Wan [2021] NSWCA 172, the New South Wales Court of Appeal examined the importance of strict adherence to payment deadlines in property contracts and the consequences of failing to meet essential time requirements. The case involved the sale of a residential property in Sydney, and the ...

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But you promised me the farm?!? Promissory estoppel and the alternate family provision claim deceased estate estates family provision promissory estoppel supreme court Oct 16, 2024

Hildebrandt v Papakonstantinou [2024] NSWSC 1181 (19 September 2024)

 In a recent case decided by the New South Wales Supreme Court, the plaintiffs sought relief based on the doctrine of proprietary estoppel and, alternatively, a family provision order in relation to a rural property owned by their...

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Unfair Dismissal and Genuine Redundancy: Janus v Red Star Gold Coast Pty Ltd business employment law fair work act fair work commission unfair dismissal Oct 09, 2024

Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of the busine...

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This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.