Articles

New Pharmacies & Relocations – What is required?

New Pharmacies & Relocations – What is required?

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

Gazumping

“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,...

FIRST HOME BUYERS ASSISTANCE SCHEME THRESHOLD EXTENSION

FIRST HOME BUYERS ASSISTANCE SCHEME THRESHOLD EXTENSION

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...

Collective Bargaining in the Retail Sector

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...

What is a Priority Notice?

What is a Priority Notice?

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...

Is Your Text Message A Valid Will

Is Your Text Message A Valid Will

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 for Loans: Mortgages v Caveats

Security for Loans: Mortgages v Caveats

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...

CONTRACT FOR SALE OF LAND AND COVID19 PROVISIONS

CONTRACT FOR SALE OF LAND AND COVID19 PROVISIONS

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...

Changes to foreign investing in Australia

Changes to foreign investing in Australia

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...

COVID19 – Retail and Commercial Leases

COVID19 – Retail and Commercial Leases

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...

Force Majeure Clauses and COVID-19

Force Majeure Clauses and COVID-19

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...

Consumer Law and COVID-19 – ACCC Guidance

Consumer Law and COVID-19 – ACCC Guidance

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...

New Loan Requirements – COVID19

New Loan Requirements – COVID19

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...

The pre-settlement inspection

The pre-settlement inspection

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...

JOBKEEPER SOLUTION EXPLAINED

JOBKEEPER SOLUTION EXPLAINED

"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...

Update for tenants and landlords amid COVID-19 outbreak

Update for tenants and landlords amid COVID-19 outbreak

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...

2019/20 NSW bushfire transfer duty relief scheme

2019/20 NSW bushfire transfer duty relief scheme

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...

Purchasing Commercial Property in Queensland

Purchasing Commercial Property in Queensland

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...

What to do if you break up on Break Up Day

What to do if you break up on Break Up Day

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....

What Does a Day of Paid Personal Leave Mean?

What Does a Day of Paid Personal Leave Mean?

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....

The Painton Foundation

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...

New Whistlebower Protection Laws – Are you ready?

New Whistlebower Protection Laws – Are you ready?

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,...

Promotions from 1 July, 2019

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...

What is an Independent Children’s Lawyer?

What is an Independent Children’s Lawyer?

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...

Prenups: Everything you need to know

Prenups: Everything you need to know

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...

PRIORITY NOTICES

PRIORITY NOTICES

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...

THE RISKS IN ACCEPTING A 5% DEPOSIT

THE RISKS IN ACCEPTING A 5% DEPOSIT

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...

2019 Winner: Best Law Firms in Doyles Guide

2019 Winner: Best Law Firms in Doyles Guide

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...

Social Media as Evidence in Court Proceedings

Social Media as Evidence in Court Proceedings

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 – HOW DOES IT WORK

THE MARGIN SCHEME – HOW DOES IT WORK

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...

REQUISITIONS ON TITLE EXPLAINED

REQUISITIONS ON TITLE EXPLAINED

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...

DOWNSIZER SUPER CONTRIBUTIONS

DOWNSIZER SUPER CONTRIBUTIONS

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 SCHEME

THE FIRST HOME SUPER SAVER SCHEME

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...

WHAT IS LAND TAX?

WHAT IS LAND TAX?

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...

AM I IN A DE FACTO RELATIONSHIP?

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...

BUYING AND SELLING COMMERCIAL PROPERTY

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 – 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?

“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...

WHAT IS A “PRENUP” AND SHOULD I HAVE ONE?

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

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...

Estate And Non Estate Assets

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...

GST WITHHOLDING REGIME ON NEW RESIDENTIAL PROPERTY

GST WITHHOLDING REGIME ON NEW RESIDENTIAL PROPERTY

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...

ELECTRONIC EXCHANGE OF CONTRACTS

ELECTRONIC EXCHANGE OF CONTRACTS

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...

Mixed Use Developments

Mixed Use Developments

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,...

Foreign Buyers – Professionals beware!

Foreign Buyers – Professionals beware!

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...

Data Breaches – Amendments to the Privacy Act

Data Breaches – Amendments to the Privacy Act

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...

Does Uber employ its drivers?

Does Uber employ its drivers?

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...

What is the PPSR?

What is the PPSR?

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...

4 Subjects that the Family Court deals with

4 Subjects that the Family Court deals with

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...

Pharmacy Succession Planning

Pharmacy Succession Planning

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...

5 Myths About “Custody” of Children

5 Myths About “Custody” of Children

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 are separating, are your children protected?

When you are separating, are your children protected?

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...

The Salvation Army Wills Day

The Salvation Army Wills Day

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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