Not so EZY: Employer’s accountants liable for client’s Fair Work Act contraventions

The Full Federal Court (FFC) in EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 has upheld a Federal Circuit Court (FCC) decision to fine an accounting firm who performed the payroll and audit function for its client.  The employer client admitted contravening the Fair Work Act 2009 (Cth) (Act) and the

Is my contract truly ambiguous?

Is my contract truly ambiguous? Contractual interpretation principles surrounding ambiguity clarified in Cherry v Steele-Park [2017] NSWCA 295 The New South Wales Court of Appeal has recently provided a useful exploration of the authorities in relation to contractual interpretation in the decision of Cherry v Steele-Park [2017] NSWCA 295.  There is a divergence of opinion

Adjudicators’ Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW): High Court Decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd

The High Court has recently held that an adjudicator’s determination pursuant to payment claims and schedules served in accordance with the Building and Construction Industry Security of Payments Act 1999 (NSW) (Act) may not be appealed on an error of law that is not related to a jurisdictional error. The effect of this decision is

Statutory Demands: What to do about post-judgment interest

A Creditor’s Statutory Demand (CSD) is a formal document which if in the proper form, and is served correctly, requires the company served to either: pay the amount demanded (which must be over $2,000) within 21 calendar days– otherwise the company will be deemed insolvent and could eventually be wound up and a liquidator appointed; or

Thinking about helping your children buy a property? Read this…

   “One consequence of declining housing affordability is that young adults very often need and sometimes receive assistance from parents… The occasion for providing the assistance may be that the young couple is in or about to start a relationship”: Sackville AJA, Chaudhary v Chaudhary. This recent NSW Court of Appeal case involved a parent’s

Expert Evidence – Admissibility remains a challenge for experts and lawyers  

In the recent case of Rolleston v Insurance Australia Ltd, the NSW Court of Appeal upheld the lower Court’s rejection of a valuer’s opinion on the value of a Mosman residential property. Whilst not making new law, the case provides a useful reminder on the quite stringent requirements for experts’ reports, including the need for

Are you being fair?  Are they being unfair? 

Implementation of small business protections under the unfair contract provisions of the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act (ASIC Act) begin on 12 November 2016  It has been almost a year since the Federal Government passed legislation amending the ACL and the ASIC Act extending the unfair contract terms

Debtor prison – alive and well in 2016

In modern times, it is rather hard to believe that a prison term could be imposed on a person who loses a civil case and fails to pay part of the other party’s pre-litigation costs.  That possibility exists however under section 91 of the Australian Securities and Investments Commission Act 2001. That section would allow

Setting aside a Creditors Statutory Demand – how much evidence is enough evidence?

On 21 October 2013, the NSW Court of Appeal handed down its judgment in Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344.

The matter concerned an appeal brought by the recipient of a Creditors Statutory Demand for Payment of Debt (Britten-Norman Pty Ltd – Britten Norman) against the initial decision of Black J to dismiss Britten-Norman’s application to have the Statutory Demand in question set aside.

Joint Venture Dispute – Claim for Specific Performance – Estoppel – Restitution – Damages – Costs

Surry Partners acted for Metropolitan Local Aboriginal Land Council (MLALC) in its defence of Supreme Court of NSW proceedings commenced by CBD Prestige Property Holdings (No.3) Pty Ltd (CBD3)

Court of Appeal accepts that Developer reasonably represented future of development

When Developers make representations about future events, they must be able to show that at the time the representations are made, they not only intend to proceed with those events, but they have the financial capacity to undertake them.