With End of Financial Year just around the corner again, it’s time to check in on your Super. Irrespective of the nature of your Super fund, there are several important matters to consider. Death Benefit Beneficiary Superannuation does not automatically form part of...
When operating a business, it is important to consider the protection of your business’ sensitive and confidential information. One way of doing this is through the use of a Non-Disclosure Agreement (NDA). At some point in the operation of your business, you will...
A contract is a binding agreement between parties that will govern their relationship by setting out what each party can and cannot do. Ideally, the parties would respect and perform their obligations under the contract. However, this is not always the case, and it...
Conditional/Pre-Approval This means that your loan has been assessed and approved, in principle, but the lender needs more information before it will issue a formal, or ‘unconditional’ approval, which is what you should have, when entering into an unconditional...
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 general and specific enquiries of...
On 18 July, 2018, it was introduced that when purchasing property in NSW purchasers are required to complete a Purchaser Declaration. This declaration is submitted to Revenue NSW when the Contract is lodged for stamping. If there is more than one purchaser, each...
What is an Enduring Power of Attorney? An Enduring Power of Attorney is a legal document that gives one or more person/s the authority to manage the financial affairs of another, for the duration of that other person's lifetime. The principal (the person making the...
What is an Appointment of Enduring Guardian? An Appointment of Enduring Guardian is a legal document that gives one or more person/s the authority to manage the medical affairs and lifestyle choices of another, should that person become incapable of making independent...
Following the Federal Government’s announcement of the Franchise Disclosure Register through the 2021 Exposure Draft legislation, the Competition and Consumer (Industry Codes – Franchising) Amendment (Franchise Disclosure Register) Regulations 2022 (the "Regulations")...
When selling your property, one of the most important decisions you need to make is choosing the right agent to market the property on your behalf. It is imperative that you feel comfortable and trust your agent as he/she will be selling what is most likely your most...
Being prepared is the key aspect of ensuring that your conveyance proceeds efficiently. Selling Real Estate Contact your solicitor/conveyancer with instructions to prepare a contract. Marketing cannot commence until the selling agent has been provided with a copy of...
Whilst Old System Title has all but disappeared from NSW over the past few decades, every now and then we see a title search noting that it is “Limited Title”. What does this mean and is there cause for concern? We often see this in older inner-city suburbs or other...
As COVID-19 case numbers have surged alongside the Omicron variant, increased demand for accessible testing has also resulted in a dramatic price increase for Rapid Antigen Tests (RATs) across the country. This price increase, along with other conduct such as the...
On 7 January 2022, the Fair Work Commission announced that it had extended certain employee’s entitlement to unpaid pandemic leave from 31 December 2021 until 30 June 2022. An employee’s entitlement to unpaid pandemic leave is contained in Schedule X of many modern...
The Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) came into effect on 22 June 2020. The amendment to both the Corporations Act 2001 (Cth) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) will now...
The Australian Consumer Law contains provisions which prohibit misleading and deceptive conduct and false and misleading representations, and which require organisations to stand behind any promises or warranties they give to consumers. The repercussions of conduct in...
In August 2021, an announcement from .au Domain Administration (.auDA) announced the launch of second level domain names (<.au>), commencing on 24 March 2022. The release second level domain names is designed to provide: A wider choice of available names;...
The Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 (Cth) came into effect on 27 March 2021. The amendment to the National Employment Standards provided employers (with more than 15 employees) with a 6-month transition period. This...
As a parent, you do everything in your power to look after your children and ensure the best for them. Part of this process should include planning for the unthinkable and what would happen if you were no longer alive to fulfil your duties as a parent. The thought of...
Whilst the Federal and State Government’s COVID-19 rent relief scheme provides significant benefits and support to tenants in the form of rent reductions or moratoriums, such scheme can cause various issues to landlords with respect to their arrangements with third...
On 22 June 2021 in the NSW State budget, a new bereavement leave policy for NSW public workers was established. Women and partners/spouses employed within the public sector who have experienced miscarriages or stillbirths are entitled to five days' paid leave. It...
A significant amount of cryptocurrency is lost due to investors dying without bequeathing access for their loved ones. Cryptocurrency is not like your traditional bank account which is better regulated and has a clearer method for accessing funds upon production of...
On 1 June 2021, the Federal Government released the Competition and Consumer (Industry Codes—Franchising) Amendment (Fairness in Franchising) Regulations 2021 (the Amendments). The Amendments amend the Franchising Code of Conduct (the Code), addressing the franchising...
As part of the 2021 Federal Budget the changes to the superannuation guarantee were confirmed. Meaning that starting from 1 July 2021 until 1 July 2025, the superannuation guarantee for eligible workers will increase by 0.5% each year as follows: Superannuation...
As a landlord entering into a commercial lease, it is imperative that you balance up whether you must register your lease with the NSW Land Registry Services. We have set out below the key considerations when considering whether to register your lease. Retail Leases...
In estate planning, attorneys (who are your enduring power of attorney) are important people. If you are appointing joint attorneys, you want to make sure they can make the right decisions about your financial and legal affairs! Enduring Power of Attorney Your...
In estate planning, executors (who uphold your Will) are critical appointments. If you are appointing multiple executors, you want to make sure they get along as they hold the power to get the things done that really need to be done! Your Will Your executor is...
One of the first and most important steps in purchasing a pharmacy is conducting financial and legal due diligence. Whilst most pharmacist purchasers are aware of the importance of completing financial due diligence, the significance of legal due diligence is...
Legal due diligence is an integral part of selling a business and will assist in ensuring that any prospective transactions are not unnecessarily impeded. By taking the time to correctly prepare for the sale of a pharmacy business, a vendor can help to prevent any...
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...
[object Object]
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...
![Prenups in Australia: Everything You Need to Know [2021 Edition]](https://clw.com.au/wp-content/uploads/2019/05/Prenup-australia-400x250.jpg)
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...
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...
Speak to a member of our team.
