Blog

What's in a name? The use and significance of a business name and pitfalls for business operators business business name business sale purchasing property startup business May 01, 2019

The first steps often taken by business owners in establishing their business are:

  • to obtain an Australian Business Number (‘ABN’) and
  • to register their business name through the Australian Securities & Investments Commission (‘ASIC’).

Under the Business Names...

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Clarifying the deceased’s relationships at the time of death – and determining who has the right to decide on burial or cremation deceased estate estates intestacy wills Mar 22, 2019

If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of kin.

The Supreme Court decision of Dragarski v Dunn [2019] NSWSC 300 dealt with a deceased who had...

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Family Provision - full and frank disclosure in contested estates contested will deceased estate estates family provision wills Mar 21, 2019

CASE UPDATE: The Supreme Court of New South Wales has recently handed down a decision (Stone v Stone [2019] NSWSC 233) stressing the need for participants to Family Provision proceedings to make full and frank financial disclosure to the Court, and to the other parties. This means complete...

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When the validity of a by-law is challenged by-laws property strata strata schemes management act (nsw) Mar 12, 2019

Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law may still be effective even if the proper procedure was not followed.

The validity of a...

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Your obligations regarding maintenance of the property you have just sold property property law purchasing property selling property Jan 17, 2019

Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the packing begins before you move out on settlement.

You could be forgiven for thinking that there...

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Was the kiss in the contract? business contract law intellectual property Jan 16, 2019

You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss.

Whilst the photographer’s fee for the day was $2,700, the disappointed bride and groom refused to...

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Need advice or direction when acting under a Power of Attorney? estates power of attorney Nov 13, 2018

If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the Supreme Court regarding the exercise of any function.  Once that advice is received,...

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Sham contracting – are your independent contractors really employees? And entitled to be paid as such? business employee rights employment law sham contracting Nov 13, 2018

Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an independent contractor, otherwise the employer is at risk of the employee seeking Court...

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When can (and can’t) a retail landlord withhold consent to a proposed lease assignment? business commercial lease lease property retail lease Oct 03, 2018

Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant. The need or desire to transfer the lease can arise in a number of different circumstances – most usually where the incoming tenant is purchasing from the outgoing...

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"Crisp orders" - more than just a life interest estate planning estates family provision wills Sep 06, 2018

The term "Crisp order" refers to the principal established by the 1979 Supreme Court of New South Wales decision, Crisp v Burns Philp Trustee Company Ltd.  The principle relates to family provision cases, where a person who satisfies the definition of "eligible person" makes a...

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The importance of having a co-ownership agreement co-ownership property purchasing property Aug 22, 2018

If you have purchased a property with someone else, it is likely that you’ve at least had an initial chat about sharing the costs of owning the property – but have you discussed what happens if one of the co-owners wants to sell their interest in the property?  Or worse still, if...

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Be clear about which contract is on foot business contract law litigation Jul 30, 2018

Sometimes the parties to a contract (which has already been signed and dated) will, for whatever reason, enter into another contract later on for exactly the same subject matter, but perhaps with slightly different terms – the question then becomes whether or not they intend the subsequent...

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