Publications

Publications

Merry Christmas: There’s a Creditor’s Statutory Demand under your Christmas Tree!

It’s that time of year as businesses prepare to close for a week or two during the Christmas/New Year period.  That shut down period is dangerous for businesses because of a time-critical mechanism within the Corporations Act 2001 (Cth) called a creditor’s statutory demand (CSD).  It is important therefore: to make sure that your registered

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Appealing to the Land & Environment Court

By the time someone reaches the point where they want to appeal to the Land & Environment Court (“L&E Court”), they have usually reached an impasse in the progress of their development application (“DA”).  The setback could be: a refusal; an unviable development consent, possibly because of adverse conditions; or, continued requests for more detailed

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Council hasn’t approved my DA

What next?… For seasoned developers wondering what do if, or when, an impasse is reached with the local council in the assessment of their development application (“DA”), this is unlikely to be a new experience or question.  They are usually well aware of their options.  Often, due to time constraints, some developers take the view

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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

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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

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Got them by the guarantee! Have you really?    

Personal guarantees from company directors or others are often used to secure performance of many company transactions such as leases, credit agreements for supply and loans. Where companies fail to perform their obligations, and have few or no assets, the last throw of the dice to potentially recover proceeds is to sue on the personal

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Unregistered Second Mortgages in NSW – To be avoided?

Non-bank lenders sometimes secure their loans via an unregistered second mortgage over real property, supported by caveat. In the event of a default, these mortgages are more difficult to enforce via a court action, as compared to a registered mortgage. Our view is that an unregistered mortgage should rarely be accepted by a lender as

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Key Changes in Liquor Laws a Silver Lining for Small Businesses

Recent changes to the NSW liquor legislation will affect a range businesses, including those trading takeaway alcohol and applying for liquor licences, as well as live entertainment venues in Sydney’s CBD and Kings Cross. In December 2016, Liquor and Gaming NSW implemented a number of key recommendations from the Independent Liquor Law Review by former

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Liquor Licence Applications in NSW

To apply for a liquor licence in NSW, or vary the conditions of an existing licence, Surry Partners can assist you with legal advice and services. Types of Liquor Licences In NSW, there are 7 categories of liquor licences, which will depend on the type of venue and manner in which the liquor is served.

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Do I need an accountant or a lawyer when my company is in financial trouble?

Well it depends. Insolvency usually gives rise to both legal and financial issues. External accountant The company’s external accountant is often the first person a director will approach for advice if insolvency looms on the horizon. Sometimes the accountant can provide sufficient advice to assist in the survival of the company.  In my experience, when

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ACCC reviews small business contracts for unfair terms

Standard form contracts with small businesses are now subject to Australian Consumer Law provisions on unfair contract terms. The provisions apply to any new or renewed standard form contract entered into on or after 12 November 2016. The definition of a small business and the standard form contract to which the laws apply are found

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UK Tribunal Classifies Uber Drivers as Company Employees

A recent decision of a UK Employment Tribunal could have significant implications on Australia’s Uber Company, and will likely have a run-off effect on Australia’s rapidly growing “gig economy”. The Central London Employment Tribunal has given a landmark ruling that Uber drivers should be treated as employees, entitling them to statutory protections including the National

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Property Law Committee Member Maged Jebeile Recognised in Law Society Tribute

The Law Society of NSW have released a book, telling the story from 1842 of a small group of legal gentlemen creating a Society dedicated to supporting the legal profession’s honour, independence and respectability, and how this grew to become a group of more than 30,000 men and women. The inspiring work of many whom

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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

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Maged Addresses Specialist Accreditation Conference

Last weekend, August 12th & 13th, our property guru Maged Jebeile was invited to be a guest speaker at the Law Society Specialist Accreditation Conference for Business Law, Property Law and Personal Injury. The conference is held every year with a range of speakers and is a great way for professionals to keep up to

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Set Offs – a recap

The recent NSW Supreme Court decision of Smith v Acquire Asia Pacific Philippines (Case) examined set off rights in a contractual context. A set off right creates a defence, reducing a claim to the extent of the available set off. Set off rights can be complex, particularly in equity. We will highlight a few of

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Wholesalers of Stock – don’t rely on Retention of Title (ROT)

It is surprising that we still come across wholesalers who are not availing themselves of the security registration available under the Personal Properties Securities Act (PPSA) in order to protect their retention of title trading terms. Wholesale suppliers commonly retain title in goods they have sold until they are paid for, under their terms of

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Foreign Resident Capital Gains Withholding Regime

The Australian government has introduced a new withholding measure to assist in the collection of foreign residents Capital Gains Tax (CGT). The new measure applies to transactions entered into from 1 July 2016.  The new measure requires a purchaser to withhold 10% of the first element of the costs base (usually the purchase price) and

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Foreign Investor Surcharge on Stamp Duty and Land Tax

The NSW state budget is set to bring about some new changes for foreign investors, including surcharges on stamp duty and land tax for residential real estate. The NSW Treasurer has announced the following changes: A 4% stamp duty surcharge on all purchases of residential real estate by foreign purchasers, to commence on budget day,

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Maged Jebeile’s Article Published – Law Society Journal

‘Our Director and Accredited Property Law specialist Maged Jebeile’s article is published in the latest Law Society Journal Issue – May 2016. He discusses the key changes to sale and leasing requirements effecting swimming pool owners that commenced as of 29 April this year, and provides some practical tips and traps to consider. See the

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