Articles

Legal Articles – Topics: Commercial Law; Litigation; Family Law; Property Law; Immigration Law; and Other Laws

Commercial Law

    1. Bankruptcy: This article discusses bankruptcy generally, and how creditors can recover debts owed by taking bankruptcy proceedings against a debtor. It also provides information on how person becomes a bankrupt and the consequences that follow.
    2. Business Structures – Company, Partnership, Sole Trader: Discusses setting up your own business in Australia and the requirements for creating a suitable business structure such as a company or a partnership.
    3. Buying a Business: Discusses the pertinent issues one should consider when buying a business, including stamp duty, leases, goodwill and other assessments.
    4. Commercial Letters of Credit: Discusses the widely used method of international payment.
    5. Competition and Consumer Laws in Australia: Effective from 1 January 2011, the Competition and Consumer Act 2010 (Cth) has come into operation. It completely replaces the old Trade Practices Act 1974 (Cth).
    6. Contract Law: This article discusses the formation of legal binding contracts, factors that can undermine a contract and possible remedies when a breach of contract occurs.
    7. Corporations Act 2001 (Cth): This article will discuss the Corporations Act 2001 (Cth) and its primary functions in relation to business entities and their operations.
    8. Directors’ Duties and the Crime of Phoenix Activities: This article discusses directors’ duties generally, and how directors engaged in the crime of phoenix activities breach these duties.
    9. Directors’ Duty to Prevent Insolvent Trading: This may be of interest if you are a Director of a Company.
    10. Doing Business in Indonesia: This article provides a general overview on doing business in Indonesia for foreign investors wishing to enter the Indonesian market.
    11. Doing Business in Malaysia: This article provides a general overview on doing business in Malaysia for foreign investors wishing to enter the Malaysian market.
    12. Employment Contracts – Checklist of the Main Provisions: Discusses the main provisions in an employment agreement.
    13. Employment Law – Termination of Employment: The requirements for lawful termination of employment.
    14. Employment Law and the Fair Work Act 2009: Discusses the impact and implications of the Australian Federal legislation Fair Work Act 2009 (Cth) for both employers and employees.
    15. Federal Unfair Dismissal Laws and Termination of Employment: Brief information for employees under the Australian federal award system.
    16. Financial Reporting Requirements: This article discusses the financial reporting requirements of large proprietary companies and some small proprietary companies under the Corporations Act 2001 (Cth).
    17. Foreign Investments in Australia: Discusses what you need to know if you are a foreigner wishing to invest in Australia, particularly in the area of real estate.
    18. Franchising (No. 1): Discusses the nature of franchising and the concepts found in Franchise Agreements.
    19. Franchising (No. 2): Examines the statutory requirements of a franchise agreement.
    20. Franchising (No. 3) – The Code of Conduct: Discusses the mandatory Franchising Code of Conduct including disclosure requirements of the franchisor and the rights of the franchisee.
    21. Franchising (No. 4) – Changes to Franchising Legislation (From 1 March 2008): Discusses the amendments to the Franchising Code of Conduct that came to effect on 1 March 2008.
    22. Incorporated Associations: This article discusses the registering, running and closing of an incorporated association.
    23. JobKeeper Scheme – What, How and When: This article summarises the newly implemented JobKeeper scheme, which helps Australians to stay in their jobs amidst the COVID-19 pandemic.
    24. JobKeeper 2.0 Extension: This article will outline the eligibility criteria and payment rates for the JobKeeper 2.0 Extension.
    25. Liquidation and Company Deregistration: This article discusses the process of liquidation of an Australian company, compared with deregistering a company.
    26. Liquor Licensing: This article discusses a requirement for any business or person engaged in the trade, supply or service of alcohol. In New South Wales, the Liquor Act 2007 (NSW) governs the liquor licence application process and requirements.
    27. Misleading and Deceptive Conduct: This article discusses in detail misleading and deceptive conduct under the Australian Consumer Law.
    28. Personal Property Security Act and Register: This article discusses security interests, specifically the Personal Property Security Act 2009 (Cth) and Register.
    29. Public Listing: This article will provide an overview of publicly listing a company on the Australian Securities Exchange (‘ASX’).
    30. Selling Your Business: Successful entrepreneurs of the world are good in establishing businesses, running them and then selling them with capital gains. This article looks at the steps that an owner of business would take in selling a business through an intermediary.
    31. Shareholder Remedies: Discusses the remedies available for shareholders when a company does not act in their interests.
    32. Starting A Business in Australia: Discusses what issues need to be considered before setting up a business.
    33. Statutory Derivative Action: This article discusses how an individual can bring or take part in proceedings on behalf of a company.
    34. Tax incentives for SMEs: This articles discusses the tax concerns and perks offered to small and medium businesses.
    35. Termination of Contracts:  This article will cover some ways in which you may be able to terminate a contract.

Litigation

    1. Alternative Dispute Resolution: Pursuing a claim at the courts of law can be very adversarial, costly and daunting. At times, it would be better to consider Alternative Dispute Resolution methods. Here is a discussion of the different types.
    2. Apprehended Violence Order (AVO): This article examines the protection victims of domestic violence may seek under the provision of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
    3. Calderbank Offers: This article discusses the use of Calderbank offers for out-of-court settlements.
    4. Civil Litigation: A brief guide to the procedures of going to court.
    5. Court Actions in Tort: Discusses civil actions in court seeking compensation for losses suffered due to negligence, trespass to land, nuisance, deceit and defamation.
    6. Defamation (Part 1): Discusses the elements and procedures involved in this civil action.
    7. Defamation (Part 2) – The Effects of the Defamation Act 2005 (NSW): This is Part 2 of our article series titled “Defamation”. Defamation (Part 1) discussed the general concepts of Defamation, including how a plaintiff can claim for damages, and the defences available to a defendant. Part 2 discusses the amendments to Defamation law since 2006.
    8. Defamation (Part 3) – Defamation on Social Media: This is Part 3 of our article series entitled “Defamation”. Defamation (Part 1 and Part 2) discussed the general concepts of Defamation, including how a plaintiff can claim for damages, the defences available to a defendant and Defamation law since 2006.
    9. Defamation (Part 4): This is Part 4 of our article series titled “Defamation”. In this Part 4, the new Defamation Amendment Act 2020 (NSW) will be discussed along with the main changes made to existing legislation. This new Act is in force from 1 July 2021 and aims to reduce litigation over minor matters and provide fair remedies for harm caused.
    10. Default Judgment: This article deals with how a default judgment is obtained against a defendant. Default judgments may be entered for both liquidated and unliquidated claims. This discussion will focus on claims for a debt or liquidated claim.
    11. Enforcement of Judgment Debts: This article discusses methods used to recover debts after a judgment by the Court has been made.
    12. Injunctions: Discusses the nature of injunctions and how one can be applied for.
    13. Medical Negligence: This article seeks to explain what medical negligence is and what making a medical negligence claim entails. Additionally, it addresses the time limit in which a claim must be made and who can make a medical negligence claim.
    14. Negligence: The tort of negligence is a cause of action that arises when a defendant breaches the duty of care owed to the plaintiff. This article will discuss the elements required to establish negligence.
    15. NSW Civil and Administrative Tribunal: This article explains what is NCAT, who are tribunal members, and the role of NCAT’s various divisions. Additionally, it addresses the effect of NCAT decisions and orders made as well as the options available if orders are not complied with by the other party.
    16. Online Court: This article discusses how the Online Court system works and the potential problems that may arise.
    17. Personal Injury Law in New South Wales: Discusses the definition of personal injury at common law and under the Civil Liability Act 2002 (NSW) and how damages can be claimed.
    18. Section 10 Orders: Discuss the rules and regulations governing a Section 10 order in criminal proceedings. It further explores the common misconceptions of the court order and when it is applicable.
    19. Statutory Demand: Discusses an effective method of debt collection from company debtors who owe more than $2,000.00.
    20. Subpoenas: This article will discuss what a subpoena is and the formal requirements of a subpoena. It will also discuss compliance with a subpoena and the grounds for setting aside a subpoena.
    21. Suing and Being Sued (Legal Action): Discusses the process of suing someone for A$250,000.00 including the steps taken in court.
    22. Unconscionable Dealings: This article will discuss the elements required to establish an unconscionable dealing as well as the defences and remedies available.
    23. Without Prejudice Communications: This article examines the effect of the Without Prejudice rule and how it protects communications made in the course of settlement negotiations.

Family Law

    1. Child Support: The separation of parents is toiling on all parties involved. Emotional burdens are hard enough to deal with, without the added burden of financial insecurity. Child support payments, also known as child maintenance payments, can ease the burden on separated families. This article will discuss who is eligible for payments and the different ways to organise child support payments.
    2. Consent Orders in Family Law Matters: Consent Orders are a legally binding agreement between former partners regarding parenting arrangements and/or property division. This article looks at what Consent Orders may address and how they can be enforced by the court.
    3. Domestic Violence: Domestic violence is a significant issue that can affect anyone. This article seeks to outline the meaning of domestic violence and the forms upon which it can occur. It also highlights pertinent legal concerns that a client may have, such as information regarding ADVO’s, divorce and child custody.
    4. Financial Agreements between Partners: (Formerly titled Pre-Nuptial Agreements). This article looks at financial agreements between partners as prescribed by the Family Law Act 1975 (Cth). It discusses pre-nuptial agreements, agreements entered into during marriage and other related agreements, which would be recognised as enforceable by the courts.
    5. International Divorce and Property Settlement: Relationship breakdowns are common in our globalised society. This article discusses some of the complexities that may arise when there is an international element to divorce and property settlements.
    6. Marriage and Divorce: This article looks at the law of marriage in Australia, as well as what happens when there is a breakdown of a marriage.
    7. Property & Financial Settlements in Family Law: When a couple (husband and wife) separates, it often becomes necessary to consider how their properties are to be divided between them. This article discusses the Family Court’s position on what would be considered ‘just and equitable’ between the parties.

Property Law

    1. Building Contracts – Part 1 General: Discusses contracts between the builder and the owner.
    2. Building Contracts  – Part 2 Dispute Resolution: Discusses ways to resolve disputes between the builder and the owner.
    3. Building Inspection Reports and Pest Inspection Reports: Explains building inspection reports and pest inspection reports.
    4. Caveats: Caveats registered with the New South Wales Land Registry Services protect the caveator’s interest in the property. The LRS allows prospective purchasers to check whether any third parties have a legal interest on the property they wish to buy.
    5. Cladding Issues in Buildings: This article will outline the relevant new requirements that purchasers and owners of properties should consider in order to make sure a building’s cladding is compliant and safe.
    6. Easements: Imposing an Easement: This article is a discussion of the operation of Section 88K of the Conveyancing Act (NSW) 1919 which came into operation in 1996.
    7. Easements: Imposing an Easement (Part 2): This article aims to provide further information on easements generally and sets out case law on the imposition of an easement on someone’s property.
    8. e-Conveyancing: An electronic system of conveyancing started to operate in Australia in early 2015. This article sets out the key concepts of electronic conveyancing and what this new system will mean for you.
    9. Foreign Purchasers in New South Wales: Explains the new surcharge duties applicable to Foreign Purchasers.
    10. Heritage Listing in New South Wales: Heritage listed properties protect a historic and cultural part of our Sydney landscape; however, they are still able to adapt to modern day construction.
    11. Land Tax: Discusses when and how land tax is applied and paid in New South Wales and Victoria.
    12. Leases (when a tenant does not pay rent): Discusses options of a commercial landlord.
    13. Negotiating Retail Leases: Discusses commercial leasing of shops.
    14. Neighbours and Encroachments: This article discusses encroachments and details what they are. Additionally, it addresses how an owner may determine whether there is an encroachment and how to deal with one.
    15. New South Wales and Victorian Law in the Sale and Purchase of Residential Properties: This article makes a comparison of the law of Sale and Purchase of Residential Properties in the states of New South Wales (NSW) and Victoria (the two most populous states in Australia).
    16. Property Development and the Law: Discusses the potential pitfalls of property development.
    17. Property Development and the Local Council: Discusses the steps in obtaining development consent from the Local Council.
    18. Purchasing Properties in New South Wales: Discusses the steps in purchasing a house, apartment or commercial and off-the-plan property.
    19. Purchasing Residential Properties in New South Wales: This article provides an overview on the conveyancing process for purchasing residential property in New South Wales.
    20. Registering a Caveat or a Mortgage on a Property as Security for a Loan: This article addresses ways a Borrower can use their property as security for a private loan, and how the Lender can lodge their interest in the property.
    21. Residential Tenancy Agreements: For landlords and tenants, a residential tenancy agreement is an effective way of setting out the standard terms that are to govern each party’s rights and obligations. This agreement ensures transparency and clarity of terms between landlord and tenant and is enforceable in law.
    22. Retail and Commercial Leases: Discusses the differences and similarities between Retail Leases and Commercial Leases.
    23. Retail and Commercial Leases – COVID-19 Rent Relief Package: This article outlines the newly established ‘rent relief package’, aimed at reducing the impact of COVID-19 on retail and commercial tenants.
    24. Retail and Commercial Leases – COVID-19 Rent Relief Package (Part 2): This article is Part 2 of the ‘COVID-19 Rent Relief Package’ article published in May 2020. Further regulations to help affected tenants and landlords are discussed.
    25. Selling Properties in New South Wales: Discusses the steps in selling a house, apartment or commercial property.
    26. Severing Joint Tenancy ownership of property pursuant to Section 66G of the Conveyancing Act 1919 (NSW): This article examines how a co-owner in a Joint Tenancy of property can force the other co-owners to sell the property by obtaining a court order.
    27. Strata By-Laws: This article discusses some of the standard by-laws put in place by strata schemes. It also explains the consequences of breaching a by-law and how by-laws can be changed.
    28. Strata Dispute Resolution Mechanisms: This article outlines the type of dispute resolution mechanisms available to help settle strata disputes.
    29. Strata Inspection Reports: Explains what a strata inspection report is and its usefulness.
    30. Strata Laws: Legislation and common law together form the strata laws in NSW. A few significant strata cases that have shaped strata laws are discussed below.
    31. Strata Owners Corporation and the Law: This article discusses what a strata scheme is, who the owners corporation are and what their key management functions are.
    32. Sunset Clauses in Off the Plan Contracts: On 17 November 2015, the New South Wales Government passed the legislation to provide further protections for purchasers in off the plan contracts.
    33. Victorian Land Law – Conveyancing: This article outlines the standard process for conveyancing in Victoria.
    34. Victorian Land Law: Retail Leases and Commercial Leases: This article will outline retail leases in Victoria and the mechanisms available if a tenancy dispute was to arise.

Immigration Law

    1. Australian Citizenship: This article discusses the processes of becoming an Australian citizen.
    2. Business Innovation and Investment Visa: This article discusses the Business Innovation and Investment Visa (subclass 188 and subclass 888) and explains the application process.
    3. Contributory Parent Visas: Discusses the fast track of parent visas.
    4. Employer Nomination Scheme (Subclass 186) Visa: This article discusses how a foreign individual can obtain permanent residency in Australia through the Employer Nomination Scheme Visa.
    5. General Skilled Migration: This article explains the process and requirements for obtaining a points-tested skilled migration visa under the General Skilled Migration program.
    6. Partner Visas Subclass 820 and Subclass 801: Discusses the application to migrate to Australia when sponsored by a spouse or partner. It also discusses de-facto spouse relationships and the concept of genuine and continuing relationships.
    7. Resident Return Visas: If you are an Australian permanent resident and intend to travel overseas you should read this.
    8. Retirement Visas: A general discussion on the Australian temporary residence program that allows retirees to spend some or all of their retirement years in Australia.
    9. Temporary Skill Shortage Visa – Subclass 482: This article discusses the different streams of the Visa Subclass 482 (the TSS Visa) and their requirements.

Other Laws

    1. Aged Care Homes and the Law: This article will discuss the laws and functions associated with aged care homes in NSW, and the positive and negative impacts of government schemes.
    2. Agency: An agent is a person who is legally authorised to act on behalf of another individual. This article will discuss the different types of agents and how they can be appointed or authorised.
    3. Australian Taxation (Residence Rules): Explores the income tax liability of tax residents, and whether their worldwide income would be taxable in Australia.
    4. Confidentiality vs Client Legal Privilege; What’s the difference?: This article discusses the differences between confidentiality and client legal privilege.
    5. Constitutional Law and Australian Political Institutions: This article will outline the political institutions of Australia and how they impact the decision-making processes in Australia.
    6. Copyright Infringement: This article provides a general overview of copyright law and copyright infringement.
    7. Discretionary Trusts: This article discusses discretionary (or family) trusts in some detail, including the advantages and disadvantages of implementing a discretionary trust.
    8. Discrimination: This article discusses the NSW and Federal Laws regarding discrimination within the community, as well as what kind of conduct is considered unlawful and whether any exemptions from the law exists.
    9. Driving Offences and Penalties: Discusses the infringement tickets that drivers dread to receive from the police, for speeding and alcohol offences in New South Wales.
    10. Equitable Remedies: This article discusses equitable remedies and when and how they are granted.
    11. Executorship: This article addresses the steps that an Executor needs to take when the Will maker has died, and how to deal with the Estate of the deceased.
    12. Fiduciary Obligation and Duties: This article discusses the fiduciary obligation, what fiduciary duties are, and the remedies available for a breach of fiduciary duty.
    13. Freedom of Information: Our freedom of information laws aim to facilitate such transparency, allowing individuals to gain access to a large portion of government information, especially information relating to their own personal affairs.
    14. Funerals: This article outlines the process of organising and preparing for a funeral service including the steps taken when someone passes away, the legal obligations related to someone’s passing and the roles and contributions of the various people involved.
    15. How to Dispute a Penalty Notice for a Driving Offence: This article discusses steps that could be undertaken to dispute a penalty notice for a driving offence.
    16. Insurance Law: This article discusses the processes associated with insurance law in Australia.
    17. Journalism and the Law: This article will discuss the wide-spread influence of journalism, and both the positive and negative impacts on its application of the law with reference to recent, highly publicised cases.
    18. Legal Professional Privilege: Explains the concept of Legal Professional Privilege.
    19. Legal Research on the Internet using AustLII: Explains how to use the AustLII website to find Australian legislation and cases.
    20. Motor Vehicle Accidents and the Law: This article will outline the process of making a claim and obtaining compensation through the Compulsory Third Party (CTP) scheme if you have been injured in a motor vehicle accident.
    21. Notary Public Services: Discusses the role of, and the services of, a Notary Public.
    22. NSW Fair Trading: This article discusses NSW Fair Trading and the aim of the agency. NSW Fair Trading is a state-wide organisation that prioritises fairness for consumers and traders in the commercial world by emphasising compliance with the appropriate regulations and rules put in place.
    23. Power of Attorney & Guardianship: Discusses delegation of power in financial and lifestyle matters.
    24. Probate and Letters of Administration: When a person dies, a probate (or letters of administration) would need to be applied for at the Court, with the help of a lawyer, so that assets can be transmitted to the beneficiaries.
    25. Public International Law and the United Nations: This article provides an introduction to public international law by discussing the United Nations, including its objectives, principals, and organs.
    26. Sexual Harassment and Sexual Assault; The Law and Why Everyone is Talking About it: This article discusses the law surrounding sexual misconduct and sexual assault.
    27. Superannuation: This article discusses what is a super fund, the complexities involved with superannuation and the taxation impact on super funds.
    28. Tax Rates (2021-2022 and beyond): Sets out Australian federal tax rates 2021-2022 and beyond. Income tax rates for individuals and companies; superannuation guarantee rate; and the goods & services tax rate are discussed.
    29. Testamentary Trusts: A testamentary trust is a trust that becomes effective upon death. A testamentary trust must be established in a Will. The establishment of a testamentary trust allows the assets of the deceased person to be distributed to a range of beneficiaries. The advantages of creating a testamentary trust will be discussed in this article.
    30. The Fair Work Commission and the Fair Work Ombudsman: This article discusses the functions and limitations of the Fair Work Commission and the Fair Work Ombudsman.
    31. Trade Mark Applications: This article discusses what a Trade Mark is and the ‘application and registration’ process.
    32. Trade Mark Infringement: This article discusses the ways of identifying and proving trade mark infringement.
    33. Who to Notify when moving your Home or Residence?: This article outlines the main organisations and people you should notify when moving homes.
    34. Wills and Estates: A guide to the formal requirements of Australian wills and the consequences of intestacy.
    35. Wills and Estates Part 2: This article discusses Wills that give life interest in property to a beneficiary and capital gains tax implications generally.