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What a business can (and can't stop) when a client list goes walking business employment information franchises restraint of trade Apr 29, 2026

Almost every business has a person like her: the manager who is the face of the place, who knows every client by name, who holds the relationships that keep the bookings full. So what happens when that person resigns, takes the client data with her, and opens a competing business down the road takin...

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"You Are My Tenant": When a Family Promise About a House Can't Be Proved co-ownership conveyancing ncat property real property act tenant trusts Apr 22, 2026

Families help each other out, especially when money is tight. A relative steps in, buys the house so the bank can’t take it, and everyone understands or thinks they understand that the arrangement is temporary and that the family will get the home back one day. Years pass. Nothing is written down. A...

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When the estate plan doesn't go to plan beneficiaries estate planning estates family provision succession act will Apr 15, 2026

Most people who sit down to make a will are not trying to be unfair. They are trying to look after the people they love with the resources they have. But good intentions are not the same as a good plan and when the plan depends on something outside the will, such as a life insurance policy, even a t...

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When Your Landlord Won't Sign: Selling a Business, Lease Assignments and the Limits of a Landlord's "No" business business sale commercial lease conveyancing act landlord lease supreme court tenant Apr 08, 2026

For many small business owners, the single most valuable thing they own is not the stock on the shelves or the equipment out the back – it is the lease. The right to occupy premises, often in a hard-won location, can be the difference between a business that sells for a healthy figure and one that c...

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"A Curse on Your Family”: The Haunting Danger of the Post Office Will estate planning estates will Apr 01, 2026

Post office will kits are readily available, inexpensive, and widely used. For many people, they represent an appealing solution to a task that is easy to defer, and the assumption that "something is better than nothing" is understandable. However, in our experience, a poorly prepared will can creat...

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When is a redundancy strategy truly “genuine”? Why your contractors may be the key to your next unfair dismissal claim business employment law redundancy Mar 25, 2026

The High Court of Australia recently handed down a landmark decision in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 (‘Helensburgh Coal’), evolving the legal landscape of redundancy and unfair dismissal.

For years, Australian employees have operated on the assumption that a redundancy was “genu...

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Your Director ID Is Not Optional: What Every Australian Company Director Must Know asic business corporations law director id Mar 18, 2026

If you are a director of an Australian company, there is a legal obligation that may appear small in administrative terms but carries real consequences if ignored: you must hold a Director Identification Number. Recent prosecutions by the Australian Securities and Investments Commission (ASIC) have ...

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Can a Strata Committee Use the Capital Works Fund for Private Benefit? ncat property strata strata scheme strata schemes management act (nsw) Mar 11, 2026

Strata disputes in small schemes often arise not from major building defects, but from everyday decisions about maintenance and expenditure. A 2021 decision of the NSW Civil and Administrative Tribunal (NCAT), Taylor v The Owners Strata Plan No 53919 [2021] NSWCATCD 2, provides important guidance fo...

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Independent Legal Advice and Loan Enforcement business independent legal advice loan agreements mortgage Mar 04, 2026

Loan agreements and mortgages are among the most significant legal documents individuals and business owners will sign. They carry long-term financial consequences and, if default occurs, expose borrowers to possession proceedings and substantial cost liabilities.

The recent Supreme Court of Victor...

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Encouraging settlement in court proceedings through mediation business agreement litigation mediation supreme court Feb 25, 2026

Section 26 of the Civil Procedure Act 2005 (NSW) plays a critical role in shaping how civil litigation is conducted in New South Wales. By promoting the use of alternative dispute resolution (ADR) mechanisms such as mediation, this provision supports the overriding purpose of the Act, ensuring the j...

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The owners corporation's obligations regarding water damage nsw civil and administrative tribunal (ncat) property strata scheme strata schemes management act (nsw) Feb 18, 2026

Strata disputes involving water damage are increasingly common in New South Wales, particularly as many strata schemes age and infrastructure deteriorates. Section 106 of the Strata Schemes Management Act 2015 (NSW) imposes a strict duty on the Owners Corporation (OC) to maintain and repair common p...

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What does the term "my children" mean, when used within a Will? deceased estate estate planning estates family provision Feb 11, 2026

A South Australian Supreme Court decision from last year, In the Estate of Olive Deane Pepper (Deceased) [2025] SASC 103, offers a timely reminder of the importance of precise language in Will, especially when family relationships are complex. The case involved a dispute over whether an adopted-out ...

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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.