Blog

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 unpaid GST 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 […]

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 […]

Family Law 27/04/2018 by Linsey Wilson

My ex-partner’s income is much larger than mine; how can I get back on my feet?

As Family Lawyers, it’s not uncommon for us to meet with clients who earn a lot less than their former partner. Often one party has sacrificed their career in order to raise a family and as a result their capacity to earn a higher income has been limited. The Family Law Act recognises that this […]

Property & Estates 14/02/2018 by Rebecca Wosman

Do you Own or Lease Commercial or Retail Premises?

Get timely reminders of your rights and obligations under your Leases and the Retail Leases Act. What You Get We offer a complimentary service for Lessors and Lessees of commercial and retail premises providing timely reminders of: The annual review of rent, where applicable, Lessee’s rights in relation to the exercise of options to renew […]

Home Building Law 13/02/2018 by Sam Roberts

Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?

Generally, a builder or home owner may commence proceedings in relation to a residential building dispute in a Court of competent jurisdiction (subject to relevant limitation periods), or in the NSW Civil & Administrative Tribunal (“NCAT”) provided that: The amount claimed does not exceed $500,000.00 (Section 48K(1)), and Proceedings are commenced within three (3) years […]

Home Building Law 13/02/2018 by Sam Roberts

A builder made promises to me during negotiations that aren’t in the Contract, what can I do?

It is not uncommon for a builder to make representations to a home owner in the course of negotiations for a Residential Building Contract where the subject matter of the representation is something that isn’t expressly covered in the final contract. However, where the home owner relies on a representation made, such that they otherwise […]

Home Building Law 8/02/2018 by Ned Mortensen

When can I claim the costs of getting another builder to finish the job or rectify defects?

Almost always, a builder must be a given a reasonable opportunity to complete their own work or to rectify any defects within their works, before any further steps can be taken by an owner to have the work done by others. Most standard form building contracts used within the building industry contain specific steps which […]

Home Building Law 7/02/2018 by Amanda Crosbie

When can I claim under a Policy of Insurance under the Home Building Compensation Fund?

Insurance under the Home Building Compensation Fund is required to be obtained by a builder entering into a residential building contract of greater than $20,000 (including GST) with a home owner prior to commencing any work under that contract. Insurance policies under the Home Building Compensation Fund provide a set period of cover for loss […]

Home Building Law 30/01/2018 by Felicity Donald

Can the Department of Fair Trading force my builder to perform rectification work?

For a home owner, engaging a builder to carry our residential building work, whether it is for a new home, renovations and extensions or a smaller project, can be a very stressful time.  One of the common issues that can arise and cause conflict with you builder occurs when the building works have not been […]