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

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

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

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

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

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

Privacy Laws – compliant? Who? Me?

Do you collect or process “personal information”? If you operate a business that collects “any information relating to an identified or identifiable natural person”, then you are required to comply with privacy laws. In Australia, that means the Privacy Act (1988) (Cth) and the 13 National Privacy Principles, mandated by the Privacy Act. If you

Strata Building Bonds and Inspection Scheme: Will it work, the Experts are Skeptical!

The Strata Building Bond and Inspections Scheme (Scheme) commenced on 1 January 2018 and applies where a developer and builder enter into a contract from 1 January 2018. The stated purpose of the Scheme is to provide a mechanism to resolve building issues quickly and cost effectively and to increase consumer protection for owners in

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

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

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

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

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

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

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.

Painaway – a complex dispute with a happy ending

James Hamilton: My client was appointed by the Supreme Court of NSW as receiver to a company Painaway, which marketed and sold “Painaway” branded products. My client, the Receiver, was appointed as a result of a shareholder dispute, which eventually resulted in one director locking the others out of the company’s warehouse. The Receiver’s initial concern was that Painaway’s rights to make, market and sell the Painaway product were unclear.

Muckaty nuclear dump shows Mabo still matters

Click on the following link to be taken to an article written by George Newhouse about the native title claim of the traditional owners of Muckaty in the Northern Territory. http://www.abc.net.au/unleashed/4107864.html  

Top 5 ipad apps for lawyers

Among attorneys using the iPad in their law practices, a number of applications (apps) have emerged as the top iPad apps for lawyers. While some lawyers use these apps as part of developing a paperless law office, others use them simply as tools for enabling them to do more of their work remotely or while