Articles
AM I IN A DE FACTO RELATIONSHIP?
A question we frequently get asked by clients is whether or not they are in a de facto relationship. Unlike a marriage, which has a formal piece of paper that identifies that the parties were married on a particular day, it is rare that there is any formal document...
When ‘casual employees’ are not ‘casual employees’
A recent discussion of the Full Federal Court found that an employee engaged and paid as a casual was not in fact a casual and was entitled to annual leave. In this article we analyse the decision and the indicia for determining whether an employee is a casual and...
BUYING AND SELLING COMMERCIAL PROPERTY
Whilst the fundamentals to buying or selling a commercial property are the same, residential and commercial transactions differ in a number of aspects. When selling/purchasing a commercial property there is no requirement that a contract be prepared prior to marketing...
Trade Promotions – What you need to know
Trade promotions can be a great way to promote your products and services. However, before you run a trade promotion, there are several things you should consider. These include: 1. Is the prize you want to award permissible? For example, tobacco products and certain...
“My Health Record” – are your children at risk?
You may have heard that government introduced “My Health Record” as an online summary of health information for every Australian commencing in 2018. My Health Record provides you with access to your health information from any computer or device, as well as allowing...
The Nitty Gritty – Dental Industry Specific Termination Clauses
Whether you go into partnership with a fellow dentist, employ another dentist in your practice or engage another dentist as a contractor in your practice, you will need to ensure that you protect yourself and your practice in the event things don’t work out between...
WHAT IS A “PRENUP” AND SHOULD I HAVE ONE?
What is a "prenup"? A "prenup" is a colloquial American term referring to an agreement entered into by people who are proposing to marry. The aim is to exclude either of them going to the Family Court if they ever separate, "protecting" by stating how in the "good...
Changing the Name of the Purchaser on a Contract
A question that seems to come up quite regularly is whether you can change the name of the purchaser once contracts have been exchanged. The scenarios that may arise include; Someone may buy a property at an auction then speak to their accountant who suggests that it...
Businesses may be at risk under new
“concerted practices” legislation
On 6 November 2017, the Competition and Consumer Act 2010 (Cth) was amended to provide for the introduction of a new prohibition on "concerted practices". Prior to its commencement the Australian Competition and Consumer Commission (ACCC) lobbied the Commonwealth...
Estate And Non Estate Assets
Understanding the difference between estate and non-estate assets is one of the necessities behind a good estate plan. It is of vital importance to understand which assets may be bequeathed by a will on death. Such assets are "deceased estate assets" to be managed by...