Blog

Family Law 30/03/2020 by Linsey Wilson

COVID-19 and your Family Law Matter

At Roberts Legal we understand that the current health crisis may have increased your anxiety in relation to your separation and family law matter. However just because we are encouraged to socially isolate, doesn’t mean that you have to put your life on hold. Certainly, the way we are interacting is changing, however we are […]

Business & Company 25/03/2020 by Felicity Donald

Temporary Changes to Insolvency Laws: What You Need to Know

Given the impact of COVID-19 on the economy, the casualties will inevitably include businesses as well as individuals. We have all heard of businesses citing COVID-19 as the cause of, or contributing to, their insolvency. On 22 March 2020 the Federal Government announced a number of changes to insolvency laws to provide relief for businesses […]

Business & Company 28/02/2020 by Jeremy Kennedy

New NSW Legislation Wipes Ability To Insure

Podcast: Ep 32 Special Counsel Jeremy Kennedy Explains How New NSW Legislation Wipes Ability To Insure In Podcast 32 for OHS.com.au, we discuss the new legislation about to go through the NSW parliament that makes WHS Penalties tougher on business owners / PCBU’s. Once passed, the ability to insure against WHS Criminal Penalties will become illegal. […]

Business & Company 7/02/2020 by Felicity Donald

What’s in a Name? The Difference between Business Names and Trade Marks

You are setting up a new business and getting excited about its upcoming launch. Or perhaps you have been in business for a while and want to know more about protecting your business’ reputation and profits. You have registered your chosen Business Name on the Australian Business Register and reserved a domain name for your […]

Family Law 8/01/2020 by Linsey Wilson

Help my ex kept our kids!

Unfortunately, it is not uncommon for parenting arrangements to fall apart and this sometimes results in one parent or caregiver choosing to retain the children. We understand that this is an extremely stressful time and we are here to help. If your children have been retained, you should contact us straight away. In many cases […]

Business & Company 18/12/2019 by Jeremy Kennedy

WHS Update

SafeWork NSW – “Johnny on the spot” – New power to issue on the spot fines against individuals and corporations Employers need to be aware that following amendments to the Work Health & Safety Regulation 2017 (the Regulations)[1], SafeWork inspectors have been granted additional powers to issue on the spot penalty notices against persons conducting […]

Business & Company 25/11/2019 by Jeremy Kennedy

No More Work Health & Safety Net

Major WHS Changes for Companies & their Officers Following findings of the Federal Senate Inquiry –‘They never came home – the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia’ into the model Work Health & Safety Act and its operation since 2011 the NSW Parliament has been the first state to […]

Family Law 21/11/2019 by Jade Coshaw

Our Top 7 must-do’s for co-parenting with an ex over Christmas

Christmas is stressful enough without having to second-guess what your ex-partner’s plan is. Take a look at our Top 7 must-do’s below to make sure you’re on the front foot with parenting arrangements. 1. Stay child-focused Christmas should be about the children. Consider whether it’s really best for the children to make long trips on […]

Business & Company 18/11/2019 by Jeremy Kennedy

Wage Theft- ‘Orgy of Greed’​ or Mass Hysteria?

Recent high profile investigations, significant media coverage and union/ACTU campaigns on what has been labelled as “wage theft” and a business “orgy of greed”[1] have certainly highlighted for Australian employers their ongoing need to comply with the Fair Work Act, National Employment Standard and industry modern awards, but is the problem as large as proponents say? Unions argue that recalcitrant […]

Building & Construction Law 22/10/2019 by Sam Roberts

Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019

Amendments to the Building and Construction Industry Security of Payment Act 1999 (the Act) passed on 21 November 2018 will be commencing on 21 October 2019. The amendments will apply to all Construction Contracts entered into from 21 October 2019 with the existing regime to continue to apply to all previous contracts. The amendments bring […]

Family Law 26/09/2019 by Samantha Miller

Can I make my husband/wife leave the family home now that we’re separated?

This is a very common question asked by parties following a separation.  It can be incredibly unpleasant to have to continue to live with an ex-partner until financial settlement is achieved.  Unfortunately, it is also incredibly difficult to force an ex-partner to leave the family home. The court is of the opinion that it is […]

Family Law 19/09/2019 by Samantha Miller

Are Secret Recordings Admissible as Evidence?

A Recent Case Looking at Secret Recordings Made in Parenting Matters Coulter & Coulter (No. 2) [2019] FCCA There are numerous circumstances in which parents may be tempted to record meetings or my find they are in possession of recordings.  Whether or not these recordings will be able to be used as evidence in court […]

Building & Construction Law 1/08/2019 by Sam Roberts

Amendments to Security of Payment Laws in NSW to Commence on 21 October 2019

# This Article was updated on 1 August 2019 following the announcement by the NSW Government that the commencement date of legislation amending the security of payment laws will be 21 October 2019, and the release of amendments to the regulations. On 21 November 2018 the NSW Government passed the Building and Construction Industry Security […]

Business & Company 22/07/2019 by Haydon Potter

When are Casual Employees Entitled to Become Full Time Employees?

Since 1 October 2018, most casual employees have been entitled to request their employment status be converted to full time or part time status where certain requirements are met and an employer cannot refuse the request unless it has reasonable grounds to do so. With over 84 Modern Awards being amended from 1 October 2018 to include […]

Family Law 18/07/2019 by Samantha Miller

Gender Dysphoria – Is Court Approval Required for Medical Treatment of Minors?

What is Gender Dysphoria? The Gender Dysphoria symptoms are as follows: Noticeable incongruence between the gender the child experiences and their classified gender assignment; An intense need to do away with their primary or secondary sex features (or avoid their development); An intense desire to have the primary or secondary sex features of the other […]

Disputes & Litigation 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 […]

Property & Estates 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 […]