What is a ‘consumer’? A central consideration under The Australian Consumer Law (ACL) is the definition of a ‘consumer’. Indeed, whether a customer is a ‘consumer’ for the purposes of the ACL determines their entitlement to certain protections and guarantees in...
On 23 September 2020, the Australian Association of National Advertisers (AANA) released their updated Advertising Code of Ethics and associated Practice Note (the Code). These changes apply to all advertisements in Australia and will take effect from 1 February 2021....
On 7 October 2020, the Senate Education and Employment References Committee ("the Committee") resolved to investigate the regulation of the relationships between car manufacturers and car dealerships in Australia. Accordingly to the Committee’s press release, this...
The NSW COVID Regulation adopts the principles contained in the Commonwealth Code of Conduct, which intends to provide tenants and landlords in commercial leases with guidance in finding a commercial and amicable solution to the financial detriment caused by the...
Section 127 of the Corporations Act 2001 When a Director or Directors of a company sign a document on behalf of the company, the signature section often states that it is being "signed in accordance with section 127 of the Corporations Act." However, many people do...
One of the questions that is asked when acting for a Vendor in preparing a Contract of Sale is whether any building works have been carried out to the property. If the answer is yes, then there are a series of issues that must be considered: Is there a building...
On 20 August 2020, the Australian Government released its response to the “Fairness in Franchising Report” (the Report) which was published last year by the Joint Committee on Corporations and Financial Services following its inquiry into the operation and...
The operation of pharmacy businesses is highly regulated in Australia on a Federal, State and Territory level. It is therefore critical that you are aware of your legal obligations when opening and operating a pharmacy business. Whether you wish to relocate your...
“Gazumping” is a term used to describe a situation in which a purchaser has agreed on a price with a vendor, but another purchaser makes a higher offer before formal exchange of contracts takes place on the original deal agreed upon. In a competitive property market,...
In April of this year, the NSW state government enacted the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) to govern negotiations between landlords and tenants during COVID-19. Our summary of the initial Regulation can be found here. Since the...
The NSW government has announced that it will temporarily increase transfer duty relief and concessions. From 1 August 2020, the duty-free limit will be extended to $800,000 for first home buyers, if they purchase a newly built home (not an existing home) and the...
The impact of the COVID-19 pandemic on the retail market has been indisputable. Large downturns in trade and foot traffic have put pressure on regulators to facilitate industry action to assist the continued survival of retail businesses. One proposed method for...
The PPSR is the Australian national register for recording security interests other than in relation to land. You can register a security interest over personal property, for example, motor vehicles, stock, and financial property such as shares. Most commonly a...
Priority Notices are a simple way of temporarily preventing new legal interests in land being registered, prior to the registration of the dealings set out in the Priority Notice. They are designed to remove the risk of registration between settlement of a transaction...
Following community outcry surrounding inferior building standards of residential towers such as Opal Tower, the NSW Government has begun introducing new legislation to create new standards for the building industry. Early in June 2020 the Design and Building...
On 14 May 2020, a number of legislative changes came into force in NSW as part of the government's response to the COVID-19 pandemic and the financial difficulties that many industries are facing. The changes affected various sectors, and thankfully, this included...
Did you know that an unsent, draft text message could be a valid will? It is not only formal, signed and witnessed documents that can be a will. The Courts will always try to give effect to a "testamentary intention" if they can. There are a wide variety of ways and...
Security over Real Property When a party is seeking a loan from a lending institution such as a bank or a private lender, the lending institution will often require a registered form of security for their loan against an asset of the borrower. This security is the...
For many it is a time of uncertainty when buying and selling property in this current market, but the right guidance and advice will help you navigate these unchartered waters. When selling, a well-drafted contract is essential in order to set out the Vendor's legal...
On 18 May 2020, Justice Geoffrey Flick dismissed a union-led bid to have Qantas workers paid sick leave during the period of stand-down. In mid-March 2020, 20,000 Qantas employees were stood-down in response to the coronavirus pandemic. Since this time, these workers...
The Government has recently announced changes to the approval process for foreign investment in Australia in response to the unfolding COVID-19 pandemic. As at 10.30pm on Sunday, 29 March 2020 the threshold for the Government reviewing foreign investment has been...
The pandemic has raised some real practical difficulties around signing and witnessing legal documents because of strict social distancing rules in place to protect us all. In order to facilitate and decrease the need for face to face contact for the witnessing of...
On 24 April 2020, the NSW Government passed the Retail and Other Commercial Leases (COVID-19) Regulation 2020. The Regulation includes changes to the Retail Tenancy Act 1994 and the Conveyancing (General) Regulation 2018 which aims to govern negotiations between...
A well-experienced property developer and/or investor will understand that the property market and the global economy is cyclical and will experience many different life-cycles over time. This article discusses some of the strategies that you can implement, and the...
On 21 April 2020, the Full Bench of the Fair Work Commission upheld that the 60,000 drivers contracted by Uber are not employees of Uber. The appeal had been brought by the Transport Workers Union, who argued that Mrs. Gupta, a former UberEats driver, was an employee...
The wide-ranging impact of the COVID-19 outbreak is certainly yet to be completely understood – however, it is clear that it will continue to have far reaching implications in many sectors. Legally, one of the ways we may be able to protect ourselves from these...
As the realities of social distancing start to set in, many businesses are faced with new and unprecedented challenges in relation to the supply of goods and services, leaving many having to cancel events, manage delays, and cope with shortages of supply. Amidst these...
Buying and selling property is changing amongst the COVD19 restrictions and our new way of life. We have, of course, no option but to accept and change with it. One of the areas which will affect the purchase of your home is whether you will be able to get finance...
If you are purchasing an off-the-plan residential property it is prudent to obtain proper advice on the Contract so you are aware of your rights under the Contract. This minimises the chances of nasty, and potentially expensive, surprises. Below is a summary of the...
Clinch Long Woodbridge's Guide for Landlords Many landlords are unsure of their rights and entitlements if a tenant under a commercial lease becomes insolvent and a liquidator is appointed to manage the tenant's affairs. This guide is for landlords to help them...
What happens at a pre-settlement inspection? The standard conditions of the Contract allow for the purchaser to complete one inspection of the property within three days prior to the scheduled date for settlement. We would generally recommend that the purchaser...
It is always best to have your legal adviser prepare or assist you with your will. Family wealth succession and the financial futures of loved ones are too important to take a short cut. Your adviser can talk to you about your specific circumstances, ask the right...
"JobKeeper" – $130 billion to the rescueUnfolding day-to-day, businesses are being required to respond to the unprecedented challenges of COVID-19. Following CLW’s update last week setting out the various alternatives to terminating an employee’s employment as a...
What are the current policies in place to assist landlords and tenants? Banking Industry The banks will allow commercial Landlords with loans up to $10 million, (which has been increased from the previous limit of $3 million), to delay their loan repayments for a...
Every day you may be putting your business at risk when selling, leasing, or hiring out goods, or selling valuable goods on consignment. This risk is increasing significantly due to the impact of COVID-19. In recent days, many businesses had to shut their doors. Pubs,...
Following the announcements of Scott Morrison and the various State and Territory leaders on 22 March 2020, a host of closures and restrictions on "non-essential services" including in cafes, restaurants, gyms, pubs, clubs and places of worship has been announced. ...
This scheme has been introduced to assist people whose homes were destroyed during the 2019/20 NSW bushfires and who choose to purchase a replacement property elsewhere rather than rebuild.Anyone who meets the requirements for receiving this assistance will either:not...
Here are the key steps in the Conveyancing process:Pre-exchangeIn the pre-exchange period, the parties will negotiate the commercial aspects of the transaction such as the purchase price, the settlement period and any special terms and conditions.ExchangeYou will be...
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On 20 January 2020, the Federal Court of Australia held that hotel comparison website Trivago had breached the Australian Consumer Law (ACL) by making misleading representations in relation to hotel room rates and savings on its website and in its television...
Andrew Knox is a volunteer fire fighter, who according to BBC News, dropped his ordinary life to fight the fires which have ravaged New South Wales recently. The New South Wales Rural Fires Services claims to be "the world's largest volunteer firefighting...
On 14 January 2020, the Australian Competition and Consumer Commission announced that Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) had paid five infringement notice penalties (totalling $63,000) in connection with advertising claims about was/now pricing...
It is no secret to those who work in family law that there is an obvious mad rush of work in the leadup to Christmas. The cause of this may now be clearer than ever after data experts discovered thattoday, 11 December, is the most common day for people to break up....
The Fair Work Commission has recently ruled in an unfair dismissal case brought by an employee of a Toyota Dealership who faked a sickie to take his son to see the Wiggles. On 28 June 2019, Mr Mamo took personal leave to allegedly care for his sick son. In actual fact...
Everyone loves a bargain, but what happens when the deal your getting isn’t quite as sweet as you thought? When buying new products, people often use price comparisons as a way of assessing the value they are gaining from their purchase. Owing to this, many retailers...
What is a deed? A deed is often a binding promise or commitment to do something. It is said to be the most solemn indication that a person intends to do what they have promised. To create a valid deed the document must be: in writing signed with an intent that it is...
In January 2019, in proceedings brought by the Australian Competition and Consumer Commission (ACCC), the Federal Court found Ultra Tune Australia Pty Ltd, a major Australian franchise of automotive repairs and servicing, were in breach of the Franchising Code of...
On 21 October 2019, the ACCC announced that Flight Centre Travel Group Limited (Flight Centre) had paid $252,000 in penalties following two infringement notices issued by the Australian Competition & Consumer Commission (ACCC) for alleged misleading advertisements...
Employers and employees will be well aware that under section 96 of the Fair Work Act employees are entitled to 10 days of paid personal/ carer's leave for each year of service, accrued progressively during the year according to the employee's ordinary hours of work....
Clinch Long Woodbridge Lawyers assist clients with their philanthropic endeavours in making a difference to our community. The late Graham Painton was a client we assisted in establishing his own private ancillary fund (PAF). A PAF is a private charitable trust...
The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 received royal asset on 12 March 2019 and commenced operation on 1 July 2019. The new legislation provides greater protection and remedies for those who 'blow the whistle' on corporate,...
We congratulate our staff who have been promoted. Ashleigh – Ashleigh Moran commenced with us at Clinch Long Woodbridge in November 2016 from Argyle Lawyers, and established herself as a very capable member of the family law team. She has cemented herself in the Court...
One of the primary objectives of the Court in parenting matters is to determine what the best interests of the children are and to make orders to that effect. In some circumstances, an Independent Children's Lawyer ('ICL') will be appointed. An ICL is a lawyer who...
The Conveyancing Legislation Amendment Act 2018 (NSW) does not as yet include the draft Regulations with key details on how these amendments will operate and be implemented. Changes to the rescission rights in NSW The Act gives purchasers buying apartments or...
What is a prenup? Prenup is a colloquial American term for a prenuptial agreement - an agreement entered into by people who intend to marry. In Australia, a prenup is known as a Binding Financial Agreement (or BFA), however most people will still refer to these...
Parents in dispute in the Family Court are usually ordered to get a family report, but not all family report writers are the same. A Family Report provides the court with an independent assessment of the issues in the case for the judge about child/children of the...
What is a Priority Notice? A Priority Notice records the priority of an anticipated transaction on title, including the order in which it is to be lodged. Why lodge a Priority Notice? Whether purchasing, selling or transferring property the registration of a Priority...
On 14 March 2019, a report on the operation and effectiveness of the Franchising Code of Conduct ("the Franchising Code") was released by the Parliamentary Joint Committee on Corporations and Financial Services ("the Committee"). The Committee has made a number of...
In todays’ property market it is has become quite common for purchasers to request the payment of a 5% deposit in lieu of a 10% deposit, which can at times be out of reach with today's high property prices. If agreed, the contract for the sale and purchase of land...
Ready to talk?Our exceptional team of lawyers are waiting to hear from you to help you deal with your legal needs efficiently.Or call 1800 679 610Family Law? Get started online using our free, no-obligation tools.(02) 9279 4888 99 York StreetSydney NSW 2000Get...
It is becoming the 'bread-and-butter' in Family Court proceedings that parties use print outs of text messages, emails and social media posts in their Affidavits. One judge recently said in Court, "It never ceases to astound me how many litigants in [the Family Court...
The margin scheme is an alternative way of calculating the GST payable when a seller sells a property as part of a business. The Margin Scheme can only be applied if the sale is a taxable supply. The amount of GST payable on property sales is generally one-eleventh of...
On Friday 18 January 2019, the Federal Court of Australia imposed a $2,604,000 penalty against Ultra Tune Australia Pty Ltd (“Ultra Tune”) for breaching both the Franchising Code of Conduct (“Franchising Code”) and the Australian Consumer Law. The Court found on...
It has come to our attention that the Pharmacy Council of New South Wales (Council) is deferring consideration of applications for approval of change of ownership of pharmacies in certain circumstances. The Council is apparently taking the view that receipt and...
REQUISITIONS ON TITLE EXPLAINED Requisitions on title are essentially questions relating to the sale of a property drawn up by lawyers. During the conveyancing process, and within 21 days from the date of the contract, the Purchaser's legal representative will make...
The Modern Slavery Act 2018 (Cth) (“the Act”) received royal assent on 10 December 2018. The Act requires entities based or carrying on business in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of...
Earlier this year, the consumer protection laws regarding gift cards were amended to ensure that all gift cards redeemable in NSW did not carry unfair terms and conditions. The introduction of the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 (NSW)...
The Treasury Laws Amendment (2018 Measures No 3) Act 2018 (Cth) (the Act) received royal assent on 31 August 2018, and commenced on 1 September 2018. The new penalties apply to acts, omissions or offences that occur on or after 1 September 2018. The Act amends the...
Commencing 1 July 2018, eligible persons aged 65 years or over who after 1 July, 2018, enter into a contract to sell a property they have owned for a minimum of 10 years will be entitled to contribute an amount of up to $300,000 from the sale proceeds into their...
The First Home Super Saver (FHSS) scheme was introduced as part of the 2017-18 Federal budget. Commencing 1 July 2017, eligible participants have been able to make voluntary concessional (before-tax) and non-concessional (after-tax) contributions into their super...
The Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) (the Act) received royal assent on 25 October 2018, and therefore commenced on 26 October 2018. The Act introduces numerous amendments, including changes that enable the Australian Competition...
The New Car Fact Sheet As a result of the recent market study conducted by the Australian Competition and Consumer Commission (ACCC) of the new car retailing industry, the ACCC has released a fact sheet for new car buyers to receive at the point of purchase (the New...
Under the Franchising Code of Conduct (the Code), a franchisor is required to update its disclosure document within 4 months after the end of each financial year. Accordingly, all franchisors with a 30 June financial year end must update their disclosure documents...
Subject to what land you own, land tax is a tax levied on the owners of land in NSW as at midnight on 31 December of each year. Land tax can apply to land whether or not income is earned from the land. The definition of land includes: vacant land, including vacant...
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...
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...
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 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...
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...
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"? 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...
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...
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...
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...
Yes, but this is best explained by looking at the law behind it. Under the Conveyancing Act 1919 (the Act) and Conveyancing (Sale of Land) Regulations 2017 there are prescribed documents that must be included in all contracts for the sale of residential land in NSW....
The new GST withholding regime was first announced as part of the 2017-18 Federal Budget and contains a number of substantial changes. This regime has now become law. From 1 July, 2018 purchasers of new residential properties and subdivisions will be required to...
The times they are a-changing!! Conveyancing is continuously evolving with changes to legislation and technology happening at great speed. One of those changes is the electronic exchange of Contracts which has been introduced to make the exchange process easier and...
The Advantages and Disadvantages of Mixed Use Developments What is a mixed use development (MUD)? The Property Council of Australia defines mixed use as "a single building or site accommodating three or more uses such as residential, hotel, commercial, industrial,...
There has been much publicity regarding the Federal Government's recent crackdown on unlawful foreign buyers purchasing property in Australia. Much less publicised, has been the changes which allow the Federal Government to impose heavy penalties on persons assisting...
From 22 February 2018, the Privacy Amendment (Notifiable Data Breaches) Act 2017 amends the Privacy Act 1988 (Privacy Act) to introduce mandatory data breach notification provisions. Background Under the Australian Privacy Principles (APPs) contained in the...
The Guardianship Division of the NSW Civil & Administrative Tribunal (NCAT) resolves disputes or concerns in respect of an incapacitated person's guardianship or financial matters. NCAT's Guardianship Division exercises a protective jurisdiction under the...
According to a recent decision of the Fair Work Commission the answer is "No". This is a live issue in other countries where Uber operates. Decisions of the UK Employment Tribunal and a judge in New York have held, under their law, that Uber drivers were either...
Purchasing a property through a Self Managed Super Fund ("SMSF) can be beneficial but you must ensure that you have the right advice and important rules are followed. The first step is to have your accountant set up the self-managed superannuation fund (“SMSF”)...
Most of our clients, after divorce, wish to leave their assets to their children or new partner, not the ex. This is particularly so if you have been to the Family Court to resolve how to divide up the assets – you don't usually want to give even more of the net...
The Personal Property Securities Register (PPSR) is a national online register which was established under the Personal Securities Act 2009 (Cth) and is administered by the Australian Financial Security Authority (AFSA). The PPSR was set up in order that details of...
The Family Court has four areas that it deals with Property settlement; Spousal maintenance; Parenting matters; and Divorce Divorce - it has nothing to do with property settlement. The term ‘divorce’ is often used as a blanket term by people going through a...
In this article I will deal with some issues which should be addressed by pharmacists who are sole traders, i.e. the sole proprietor of their pharmacy business, and pharmacists who are the sole director and sole shareholder in a pharmacist's body corporate which is...
It's not called "Custody" There have been a series of changes to the law since the mid-1990s which have led to the modern emphasis being on a child's right to have a meaningful relationship with both their parents. There is no longer an emphasis on the old fashioned...
When you and your partner are considering separation, it is important to make decisions about the parenting arrangements for your children. You need to ensure that any arrangements are in the best interests of the children but also realistic and sensible. As every...
Our Executive Lawyer Patrick Campion attended The Salvation Army Wills Day yesterday. In his long standing role as an honorary Solicitor for the Salvation Army, he volunteered to prepare wills for the general public. In return the recipient of the will makes a...
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