Blog

Building & Construction Law 6/06/2017 by Amanda Crosbie

Common Misconceptions about Contracting in the Building & Construction Industry and what to do to avoid getting caught out.

When I ask clients whether a written contract was in place or whether variations had been documented, too often I receive the following response “no there was no contract, we just agreed to it” or “I didn’t think it was necessary it was a small job“. Firstly, it is an incorrect assumption that just because […]

Building & Construction Law 13/02/2017 by Sam Roberts

Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.

The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, […]

Property & Estates 13/02/2017 by Matthew Bryan

Testamentary Capacity. When does a person lack the ability to make a valid Will?

What is “testamentary capacity”? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. […]

Building & Construction Law 7/02/2017 by Matthew Bryan

Court of Appeal limits scope of potential challenges to Security of Payment Adjudications

In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases […]

Building & Construction Law 23/01/2017 by Matthew Bryan

High Court settles argument about when a Payment Claim can be validly issued

In a decision of great relevance to members of the building and construction industry, the High Court has provided some certainty in relation to when a valid Payment Claim may be issued under a construction contract and put to rest a debate that has gone on for some time in light of various legislative amendments […]

Property & Estates 20/01/2017 by Matthew Bryan

Blended Family Will Disputes, recent Supreme Court decision provides fresh insight

Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person […]

Property & Estates 11/08/2016 by Sam Roberts

How to Bulletproof a Will from Family Provision Claims

Recently SBS Insight addressed the topic of “Making a Will”.  The programme explored how the family provision laws under the Succession Act 2006 (NSW) enables a Court to effectively rewrite a person’s Will where it is found that an inadequate provision has been made for an eligible person. Two (2) of the guests that were […]

Property & Estates 10/08/2016 by Anna Roberts

When to Review your Estate Planning

It is important that you keep your Estate Planning up-to-date as your circumstances change and that you are confident that nothing has been overlooked. To help you better undertand the issues relevant to Advanced Estate Planning, in 2016 we released “Advanced Estate Planning – Simple Legal Solutions“. This Guide deals with the following common Estate Planning […]

Property & Estates 4/08/2016 by Anna Roberts

Helping Your Children – Loan or Gift? – Simple Legal Solutions

Andrew has recently started his own business. Andrew has incorporated a company of which he is the sole director and entered into a number of contracts with suppliers. As the director Andrew has also signed a number of personal guarantees. Andrew’s father Mark wants to help Andrew out with his new business venture and has […]

Property & Estates 4/08/2016 by Anna Roberts

Balancing Competing Interests of your Children and a Second Spouse in the Family Home

John and Jane are in their 60s and have been in a de facto relationship for 10 years. They have both been married previously and each have adult children from a previous relationship. John entered the relationship with significantly more assets than Jane, including the home they now live in. John wants to ensure that […]

Property & Estates 4/08/2016 by Anna Roberts

Generation Planning: Protect Your Inheritance – Simple Legal Solutions

Sue is married with two (2) adult children and a grandchild on the way. Sue operates a small business as a sole trader. Sue is an only child and expects that she will soon receive a substantial inheritance from her elderly mother. Sue seeks legal advice as to what she should do to ensure her […]

Building & Construction Law 29/07/2016 by Felicity Donald

Service of Payment Claims by Email

CAN it be done? SHOULD it be done? With the increasing use of emails for communications, it is becoming commonplace for businesses to send tax invoices to clients via email for payment. If the tax invoice relates to work performed under a construction contract, your business may have rights to prompt payment under the Building […]

Property & Estates 29/07/2016 by Anna Roberts

Providing for Your Second Spouse After Your Death – Simple Legal Solutions

With the aging population and the number of blended families and second spouses on the rise it is increasingly important that your Estate Plan effectively addresses the competing interests of your children and a second spouse. Life Interests or Rights of Residence created in a Will are common parts of many Estate Plans when there […]

Business & Company 27/07/2016 by Sam Roberts

Is your business ready for sale?

Early Legal Considerations To ensure that a Business Sale Contract can be promptly submitted to your eventual buyer following negotiation of a price and sale terms, you should consider the following and provide us with early instructions to address any matters and/or to prepare a draft Business Sale Contract, when you have decided to sell […]

Building & Construction Law 12/07/2016 by Amanda Crosbie

Consequences of failing to comply with the Home Building Act.

The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work. We have summarised these obligations in further articles contained on our website. See Introduction – Contracting Requirements under the Home Building Act. Consequences of contravening the Act Pursuant to Section 10 of the […]

Business & Company 14/06/2016 by Sam Roberts

Why ignorance of loan balances can lead to tax nightmares.

Do you own a private company? Have you received payments not accounted for as wages or salaries this financial year? As 30 June approaches it is time to ensure your business affairs are in order. This includes ensuring you have Division 7A Loan Agreements in place, where necessary. What is Division 7A? Division 7A of […]

Property & Estates 9/06/2016 by Rebecca Wosman

Disaster mid-way through the purchase of Property.

If you have exchanged contracts to purchase a new property and a disaster occurs destroying or damaging the dwelling you intended to purchase you will need to be aware of your rights under the contract. When selling a residential property, the risk associated with that property does not pass to the buyer until completion of […]

Disputes & Litigation 25/05/2016 by Sam Roberts

Defamation & Anonymous Gmail Accounts.

What is Defamation? In this day and age people need to be wary about what they post on social media when they are attacking or criticising individuals or small business. A momentary lapse or ‘what the hell‘ can cause significant damage to someone’s reputation and lead to you being involved in defamation proceedings. Even if […]