Lawyers

Lawyers

Who Lets The Dogs In?

A landmark case, Cooper v the Owners Strata Plan No 58068 [2020] NSWCA 250, has ruled in favour of all NSW apartment buildings being unable to continue to create by-laws prohibiting animals. The recent Court of Appeal judgement found that the by-law on animals infringed the section 139(1) limitation that a by-law must not be

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Christmas 2020 – insolvencies loom

A perfect storm is brewing this Christmas for distressed companies. The factors at play are: The moratorium on issuing statutory demands ends on 31 December 2020; The NSW commercial tenancy COVID relief measures expire on 31 December 2020; The limited ‘safe harbour’ on directors insolvent trading ends on 31 December 2020; Banks are now renegotiating

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Agent Commission Claims

We have acted for vendors in a number of Court disputes concerning whether a NSW real estate agent is entitled to commission following a sale. Problems commonly arise where an original agency agreement expires, or is terminated and another agent achieves the sale of property. If the vendor sells to a party that the original

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Commercial Tenancies The Retail and Other Commercial Leases (COVID-19) Regulation 2020 has now commenced

On Friday 24 April 2020 the long awaited Retail and Other Commercial Leases (COVID-19) Regulation 2020 was published on the NSW Legislation website and commenced on that day. The Regulation gives effect to the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 which was adopted by the National Cabinet on 7

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Can I sign my Will, Power of Attorney or Statutory Declaration Electronically?

On 22 April 2020 the NSW State Government enacted new regulations to allow for video conferencing technology like Skype, WhatsApp, FaceTime and Zoom to be used in the witnessing of important legal documents such as wills, power of attorney and statutory declarations. Welcome to witnessing by video conferencing.  How does this work? Attorney General Mark

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Commercial Tenancies: NSW Government Offers $440 Million Land Tax Break

NSW State Government is set to implement a $440 million land tax relief package as part of the national Code of Conduct proposed for commercial tenancies. The new land tax relief package is expected to be divided approximately 50-50 between the commercial sector and the residential sector. The measure will apply to commercial leases where

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Commercial Tenancies – COVID-19 Tenants: Prepare To Negotiate

On 7 April the Federal Cabinet has announced a mandatory Code of Conduct (the Code) for commercial tenancies to be implemented via legislation or regulation. We are waiting for the detail, but there are things tenants can be doing right now to prepare. To obtain rent relief under the Code for rent write-offs and/or rent

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Commercial Tenancies – COVID-19 – Prepare for your lease negotiations

After the National Cabinet on Tuesday 7 April 2020 agreed that States and Territories would implement a mandatory Code of Conduct (the Code), what should you as a landlord or tenant do now? Landlords and tenants should look to the principles of the Code to negotiate amendments in good faith to existing lease arrangements to

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National Cabinet Mandatory Code Of Conduct – SME Commercial Leasing Principles During COVID-19

PURPOSE The purpose of this Code of Conduct (“the Code”) is to impose a set of good faith leasing principles for application to commercial tenancies (including retail, office and industrial) between owners/operators/other landlords and tenants, where the tenant is an eligible business for the purpose of the Commonwealth Government’s JobKeeper programme. These principles will apply

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Commercial Tenancies – COVID-19 National Cabinet Mandatory Code Of Conduct

On Tuesday 7 April 2020 the National Cabinet agreed that states and territories would implement a mandatory Code of Conduct (the Code) via legislation or regulation as appropriate, to implement the principles agreed on Friday 3 April 2020. The purpose of the Code is to impose a set of good faith leasing principles to apply

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Commercial Tenancies – COVID-19 New Proposed Measures

On 3 April 2020 National Cabinet made further progress on the issue of commercial tenancies. They have agreed that a mandatory code of conduct guided by certain principles will be developed and subsequently legislated by State and Territory Governments to apply for tenancies where the tenant is eligible for the Commonwealth Government’s JobKeeper assistance and

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Commercial Leases – Rent and Eviction Moratorium

On 29 March 2020 National Cabinet agreed to a moratorium on evictions over the next six months for commercial and residential tenancies in financial distress who are unable to meet their commitments due to the impact of coronavirus. Commercial tenants, landlords and financial institutions are encouraged to sit down together to find a way through

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Covid 19 – How do I save my business? Holding DOCAs, Safe Harbours and more….

What do you do when your customers start disappearing, business survival is uncertain and you fear that insolvency is near. Here is a very quick overview of the main legal options available as at 24 March 2020. Government measures The Federal Government is moving quickly. There has been only a short time between an announcement

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Update on the Prohibition of a Company Assisting to Buy Their Shares

Section 260A (1) of the Corporations Act 2001 (Cth) places strict limits on when a company can provide financial assistance to enable a person to acquire shares in it. The recent High Court decision in Connective Services Pty Ltd v Slea Pty Ltd reveals the broad scope of that prohibition. The case concerned two related

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What’s going on with the Aboriginal Flag?

    There has been a major blow-up over claims by a private company WAM Clothing that it controls the rights to reproduce the Aboriginal flag on clothing. Cease and desist letters have been sent to AFL, NRL and a number of indigenous not for profit companies who have used the flag regularly for years

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Signed Documents May Not Always Be Binding

In the recent Victorian Court of Appeal case The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd, a letter setting out key terms for the purchase of land and executed by both parties, was held not to be legally binding. The case is a useful refresher on the law in this area.

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Protecting employee benefits after insolvency. Tough new laws.

Employers who employ staff through a company and structure their affairs in a way to attempt to avoid paying outstanding wages and statutory entitlements should be aware of the risks they now run for possible personal liability and criminal sanctions. The Corporations Act 2001 (Cth) has recently been amended to discourage transactions which attempt to

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Who gives a Flying Folau? – Employment Law, Social Media and Termination

“WARNING – Drunks, Homosexuals, Adulterers, Liars, Fornicators, Thieves, Atheists, Idolators – HELL AWAITS YOU. REPENT! ONLY JESUS SAVES” Is Israel Folau a well-intentioned Christian who has a right to free speech and deserves a second chance, or is he a divisive zealot that should find another platform to preach and to vilify significant sections of

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ICON – Trading Names, Trade Marks and Reputation Risk

“Please be advised the matter surrounding the Opal Tower Homebush was not built by our company. The building was built by a company with a similar trading name. Note the two companies have nothing to do with each other.” This statement appears on the landing page of the website of a Sydney based construction company

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Verbal Contracts – Worth the Paper They are Written On?

Can a verbal promise from a good friend be a binding contract? It depends: “… not every promise, however sincerely made, is legally enforceable”: per Campbell J in the recent Supreme Court of NSW case of Winter v Nemet. This case considered such an issue over a three day hearing and then on appeal. Substantial

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