Latest publications
Franchisors beware: ACCC report highlights actions taken against franchisors
The ACCC has recently published its biannual “Small Business in Focus” report (“the Report”) which describes the work it has undertaken concerning small business, franchising and agriculture over the first six months of this year.[1] Part of the Report highlights the enforcement actions it has taken against franchisors for alleged…
Connectivity turbo charges growth opportunities
Australia has notched up 103 successive quarters of economic growth. It’s 26 years since we had a recession, making us a global leader in terms of growth. Growth is important for any business, and it’s the lifeblood of the property sector. There have always been two key pillars of property growth; the population itself and…
What happens when the sole director and shareholder of a company dies?
A successful business can come to a crashing halt if the sole director and shareholder dies. If there is no director or shareholder, the company may become paralysed, face cash flow problems if the deceased was the sole signatory of bank accounts, be unable to pay its employees; or, at worst…
No ring, not binding? De facto relationships and family law
When parties separate, whether they be married or in a de facto relationship, the same laws apply in relation to the division of their property. Since 1 March 2009, de facto couples and married couples have been able to apply to the Family Courts for Orders for the division of property. Here…
Are dismissals genuine redundancies when employees have rejected a pay cut?
Consider this situation. You run Company A. Your business involves supplying a service to Company B. You have been providing this service at a set price for a number of years and engage a team of employees to facilitate the delivery of the service. Due to reasons outside of your control Company B indicates that…
Court rules that the minimum lot size development standard applies to strata subdivision
Why is this decision important? Many Applicants seek to strata subdivide multi dwelling housing or dual occupancies as a component of a development application, or after construction of the residential accommodation. Some LEPs have specific provisions about strata subdivision in particular zones, however in this decision the focus was clause 4.1 of the…
Approach to classifying land as “residential” or “business” is confirmed
Approach to classifying land as “residential” or “business” is confirmed: Karimbla Properties v Council of the City of Sydney; Bayside City Council; and North Sydney City Council [2017] NSWLEC 75 Why is Karimbla important? Justice Sheehan confirmed the approach to determining when to categorise land as “residential” under section 516 of the Local…
Relocating children overseas after divorce
In Brief As more families become “international” many are faced with the dilemma that on divorce (or separation) one partner wants to go “back home” with the children and the other wants them to stay here. This article outlines what to consider if you’re thinking about leaving Australia. Globalisation has led…
How to find a family lawyer and make the most of your first conference
In Brief Selecting a family lawyer is not a simple matter; you don’t take the first you find in your internet search. Preparation before your first conference with your lawyer can also ensure the conference is productive and you get the answers you are seeking. You should take time to select a lawyer best…
Death of ‘special contributions’
In Brief For a long time, there has been a debate in the family courts between those who believe that a court needs to recognise special and exceptional contributions and others who say there should be no recognition of such a beast. Those who don’t support it say that to recognise the existence of…