Blog

Business & Company 17/07/2019 by Tasha Wolodko-Kouril

Federal Court says it is Reasonably Arguable that the ATO Owes Taxpayers a Duty of Care at Common Law

Farah Custodians Pty Limited v Commissioner of Taxation (No 2) [2019] FCA 1076 In this matter, Farah Custodians Pty Limited sought leave to amend its pleadings in its claim against the Commissioner of Taxation to include claims in negligence arising from the Commissioner’s payment of tax refunds owed to Farah into a fraudulent account. The Commissioner’s […]

Bankruptcy & Personal Insolvency 9/07/2019 by Tasha Wolodko-Kouril

Legislation Update: The Bankruptcy Amendment Bill 2017

The Bankruptcy Amendment (Enterprise Incentives) Bill 2017 has now lapsed The controversial Bankruptcy Amendment (Enterprise Incentives) Bill 2017 officially lapsed on 1 July 2019 and as such will no longer be proceeding. If the Bill was passed, it would have had the effect of amending the Bankruptcy Act 1966 so that the default period of […]

Building & Construction Law 4/07/2019 by Sam Roberts

High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications

In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 the High Court affirmed the decision of the NSW Court of Appeal that the availability of judicial review to quash an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) was limited to cases of jurisdictional […]

Building & Construction Law 4/07/2019 by Tasha Wolodko-Kouril

How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules

Ensuring that you can rely on a Payment Claim or a Payment Schedule to invoke or resist the considerable force of the Building and Construction Industry Security of Payment Act 1999 (NSW) to recover payment or resist the obligation to pay is critical for any business in the building and construction industry. In this article […]

Building & Construction Law 25/06/2019 by Felicity Donald

How an Adjudicator is Required to Value Construction Work

A question that commonly arises when we are assisting clients with preparation of an Adjudication Application or Response, is: “How is the Adjudicator going to value the construction works (or related goods and services)?” Knowing how an Adjudicator will value the works is particularly important given the very short timeframes provided for parties to an […]

Family Law 20/06/2019 by Linsey Wilson

From Donor to Daddy

When is a sperm donor considered the legal father? High Court decides. Masson v Parsons [HCA] 21 The Facts In 2006 Mr Masson, donated his semen to a friend and a baby was born as result of artificial insemination. At the time of the donation Mr Masson’s intention was that he would be involved in […]

Family Law 20/06/2019 by Anna Roberts

Separating? The best way to protect yourself, your children and your money.

Whether you have been planning a separation for some time, or you have been taken completely by surprise, separation can involve harsh realities and unwelcome changes for all involved.    In the early stages you may feel isolated, grief-stricken and unable to make plans, however, it is essential to get organised and take control to protect […]

Building & Construction Law 13/06/2019 by Sam Roberts

Upcoming Amendments to Security of Payment Laws in NSW

On 21 November the NSW Government passed the Building and Construction Industry Security of Payment Bill 2018 (“the Amendment Act”). A commencement date for the Amendment Act as not yet been declared although it has since been indicated that the amendments will be introduced progressively based on the need for subordinate legislation and the preparation […]

Family Law 24/10/2018 by Linsey Wilson

Borrowing from the Bank of ‘Mum & Dad’: Lessons for Baby Boomers providing early inheritances or other financial assistance and the impact of the Family Law Act for Estate Planning: Loans vs Gifts.

The statistic isn’t a new one. Baby Boomers make up 25% of the nation’s population and yet control approximately 50% of private wealth. We are constantly being told that this generation continues to increase their wealth to the detriment of their children and grandchildren; however, this can place baby boomers in a unique position where […]

Building & Construction Law 24/10/2018 by Ned Mortensen

Mid Tier Construction Contracting Essentials: How to make it and not go broke.

Long before I was a Construction Lawyer, I was a Construction Manager for one of Australia’s top tier building contractors. In this article I have set out some simple and practical tips for effective contract management based on my experience in both construction and law. This article will be particularly relevant for growing contracting businesses […]

Building & Construction Law 22/10/2018 by Rebecca Wosman

New Rules now apply for Medium Density Low Rise Developments in Newcastle and Lake Macquarie.

This article explains what land is now suitable for medium density developments in Newcastle and Lake Macquarie under the new Low Rise Medium Density Housing Code and the benefits of the Code for developers and existing landowners. On 6 July 2018 the new Low Rise Medium Density Housing Code came into effect. Significantly, under the […]

Building & Construction Law 15/10/2018 by Sam Roberts

Will your business be able to rely on the Security of Payment Laws when it counts? The single most important thing to do.

Disputes and withheld payments are common occurrence in the construction industry. Contractors and suppliers operate with increased risk of these occurrences if they are not prepared to use the Building & Construction Industry Security of Payment Act 1999 (“the Act”) immediately when a problem arises. I regularly get people downloading our Security of Payment Guide looking […]

Family Law 23/09/2018 by Roberts Legal

Who gets the ring when an engagement ends?

The shine and sparkle from the engagement is gone, but the ring is here to stay. Who gets the ring when an engagement ends? While the ring is sometimes the most expensive item to purchase for a wedding, it usually only holds sentimental value in property settlements. So, who gets the ring?? Well it depends. […]

Business & Company 10/09/2018 by Amanda Crosbie

ATO Director Penalties: What Company Directors Need to do to Avoid Personal Liability

Under the ATO’s Director Penalty regime company Directors can be personally liable for company obligations. The Director Penalty regime applies to unpaid “PAYG” withholding amounts and Superannuation Guarantee Charge “SGC” obligations. The effect of the Director Penalty regime is that if a company of which a person is a Director fails to ensure that the […]

Advanced Estate Planning 29/08/2018 by Rebecca Wosman

Former Spouses & Family Feuds: What happens when you die without a Will.

These days everyone seems to be affected by family breakdown in some way or another. With families becoming increasingly complex everyone should have a Will – even the young and invincible! Have you ever considered in whose hands your hard-earned wealth will end up if you die without a Will? In New South Wales the […]

Family Law 25/05/2018 by Linsey Wilson

Spousal Maintenance and Interim Property Settlements: How You Can Get Your Independence Sooner.

When you make the decision to separate from your partner, the last thing that you want to have to worry about is money. Unfortunately for many individuals the time surrounding separation can cause significant financial stress, particularly when one party to the relationship has traditionally taken on the role of parent and homemaker whilst the […]

Business & Company 27/03/2018 by Sam Roberts

Safe Harbour & Directors’ Liability for Insolvent Trading

On 19 September 2017 amendments, to the Corporations Act 2001 commenced which create a “safe harbour” for Directors to protect them from personal liability for debts incurred by an insolvent company in certain circumstances. Why the need for Safe Harbour Prior to the amendments, the provisions of the Corporations Act governing corporate insolvency focused on the need […]

Business & Company 13/02/2018 by Sam Roberts

Statutory Demands and Proving Insolvency when Winding Up a Company

The appointment of a Liquidator to wind up a Company that is unable to pay its debts is a significant enforcement option and equivalent with Bankruptcy for individuals. The appointment of a Liquidator means that all assets of the Company come under the control of the Liquidator including any loans owing from Directors or Shareholders […]