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19 02, 2021

Changes to Director Resignation Laws

February 2021 | Scott Freidman  The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) have introduced new provisions regarding director resignations effective as of 18th February 2021. These amendments further protect creditors and employees from directors engaging in illegal phoenix activities and backdating resignation dates. Illegal phoenix activity is when directors transfer company assets to another company for less than market value in attempt to avoid paying off debt and creditor entitlements when a company is liquidated or

17 04, 2020

Let’s Talk About the Spanish Flu

April 2020 | Scott Freidman The Spanish flu lasted from January 1918 to December 1920. 500 million people were infected and the death toll is estimated to have been anywhere from 17 million to 100 million. Australia was not immune and it is believed to have been carried to our shores through returning WWI soldiers. Australia lost about 15,000 people.  How did the NSW government respond to the Spanish flu pandemic? In fact, very quickly! In November of 1918

31 07, 2019

Was That Unpaid Internship a ‘Fair Go’ or Exploitation?

July 2019 | James Freidman In January of 2013, the Fair Work Ombudsman report entitled Experience or Exploitation: The Nature, Prevalence and Regulation of Unpaid Work Experience, Internships and Trial Periods in Australia, found that ‘unpaid work exists on a scale substantial enough to warrant attention as a serious legal, practical and policy challenge in Australia.’ Since 2013, unpaid working arrangements and ‘internships’ have continued to rise in Australia. What does the law say? Under the Fair Work Act 2009

18 02, 2019

Risks Posed by Departing Employees: Is Your Business Protected?

February 2019 | Kieran Kelly We have recently been asked to advise several clients in relation to the protections they have in place from former employees who have joined a competitor. The scenario often takes a common form: a trusted senior employee hands in their notice of resignation; the employer discovers or is informed that the former employee is joining a market competitor; and the employer seeks advice in relation to whether they have any protections in place to

31 01, 2019

New Rental Reforms to Protect Victims of Domestic Violence

January 2019 | Ariza Arif New tenancy reforms to improve the protections for victims of domestic violence living in a rented property will commence on 28 February 2019. Currently victims of domestic violence must give 14 days’ notice to break a fixed-term lease and face financial penalties for doing so. The changes mean that  victims will be able to break a lease without penalty. To end the tenancy in circumstances of domestic violence, the victim will need to give

7 12, 2018

Don’t Fall Foul of New Pension Rules

December 2018 | Jonathan Harris Serious consequences for failing to make minimum payments You probably know that the ATO has confirmed the consequences of not meeting the minimum payment requirements for pensions. A pension ceases at the start of the financial year in which the minimum pension requirement is not met and will only recommence after new pension documents are executed. Most recently however, the ATO confirmed that the pension will cease for transfer balance cap purposes at the

25 11, 2018

Squatters Rights: Developer’s Adverse Possession Trumps Descendants

November 2018 | Kieran Kelly Justice Darke was recently asked to decide the unusual case of McFarland v Gertos [2018] NSWSC 1629 involving a property at 6 Malleny Street, Ashbury. Henry Thompson Downie, the owner of the property, died in 1947, seemingly without leaving a will. Mrs Grimes, a tenant living at the property at the time of Mr Downie’s death, remained there until a short time before her death in April 1998. That same year, Bill Gertos, a

23 10, 2018

Co-Parenting Children after Separation or Divorce

October 2018 | Georgia Dight Clear communication between parents following separation or divorce is important for the wellbeing of the children.  It is essential that parents are able to engage in conflict-free communication regarding all child-related issues. However, this is not always the case. We find that parents may be experiencing anger, grief or difficulties dealing with high-conflict exes and that conflict can worsen if parents feel they are being “left out” from hearing about

23 10, 2018

Understanding PEXA – Your Quick Guide

October 2018 | Margaret Rouen  “From 1 July 2018, standalone transfers, standalone caveats and Non-Authorised Deposit-taking Institution discharges, mortgages and refinances are moving online in New South Wales” - NSW Land Registry Services. PEXA stands for Property Exchange Australia Limited. It is the world’s first online lodgement and financial settlement platform. PEXA was formed in 2010 to fulfil the Council of Australian-Governments (COAG) initiative to provide a unified, national e-conveyancing platform for the Australian

15 08, 2018

Is separating different to getting a divorce?

August 2018 | Les Stubbs In our experience with clients we see some confusion exists as to the meaning of the terms ‘separation’ and ‘divorce’. Many clients believe these terms are interchangeable, but, they have entirely different meanings in family law. Separation A ‘separation’ occurs when one party to a relationship ends the relationship. Many times they will communicate intention to end the relationship. However, sometimes they will just walk out.  It is not required that the decision be

15 08, 2018

Does your business have a Notifiable Data Breach strategy in place?

August 2018 | Scott Freidman On 22 February 2018, significant amendments to the Commonwealth Privacy Act 1988 came into effect establishing the Notifiable Data Breaches (NDB) scheme in Australia. Prior to these amendments, there was no legal requirement for entities (private or otherwise) to notify individuals whose personal information had been breached. The statutory changes are a positive step towards the protection of personal information. But what do they mean for business owners? What are the changes?            The amendments

24 07, 2018

Why Should I Make a Will?

July 2018 | Jonathan Harris & Charlene Hunt Preparing a Will won’t stop someone making a claim against your Estate, but it is a clear record of who you wanted to give your assets to. If you die without a Will, you are said to have died ‘intestate’. In NSW, if you die intestate, your Estate will be distributed as follows: (a) a spouse with no children → your spouse will inherit the whole estate. (b) a spouse with children

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