Latest publications
Government and ATO tighten laws in relation to sale of property by foreign residents
IN BRIEF It’s all about low voluntary compliance by foreign residents who sell Australian property – and the government is tightening tax laws to shift the compliance burden on certain transactions. It’s complex – and it comes into effect on 1 July 2016. In this article, Daniel Kentwell addressess how the…
If circumstances change, so can Parenting Orders
In brief: It may come as a relief to some that Parenting Orders made by the court are not always set in stone. If your circumstances change, so too can the orders. And there are a number of reasons why you might wish to change Parenting Orders after they have been made by the Court. …
Workplace liability in unexpected places
In brief In this article we look at two recent cases where employers face penalties in circumstances which highlight the need for employers and managers to be vigilant in the workplace. In the first case, a company was held liable for the actions of one of its employees who racially abused a co-worker…
After the Mardi Gras glitter and glow why not pause for thought on the status of your relationship
In Brief “…it’s time to stand up and be counted, to turn your passion into purpose. Start something! Build momentum.” Momentum is the theme for the 2016 Sydney Gay and Lesbian Mardi Gras. As the 2016 Mardi Gras festival draws to a close with the internationally renowned Sydney Gay and Lesbian Mardi…
Protecting In-house Counsel’s advice
In brief Swaab believe the recent case of Holman v Warringah Council [2015] brings some clarity to the law surrounding legal professional privilege, especially when it comes to information prepared by in-house counsel. The question is – in what circumstances can legal professional privilege be claimed over information prepared by in-house counsel? What…
Important news for small business new laws offer protection against unfair contracts
In Brief The landscape for small businesses in Australia is changing. Throughout 2016, those of you looking to the future will no doubt be planning ahead to ensure your business does not miss a beat – or an opportunity! From 2017, small businesses will have the same protection against unfair contract…
New property laws for a New Year! Real estate agents who underquote are the target
IN BRIEF If you’re a buyer in the market for property, changes to the law could mean a happier new year ahead in 2016. In NSW, on 1 January 2016, the provisions of the Property, Stock and Business Agents Amendment (Underquoting Prohibition) Act 2015, No 31 came into effect. The amendment intends to prevent selling…
Parental gifts who gets them if your marriage breaks down?
IN BRIEF Your parents give you and your spouse some money – say, to buy a house. Then you split up. To what extent will your spouse get the benefit of the gift? When a relationship breaks up, the matrimonial property may need to be divided between the parties. The court will go…
Breaking News: the sun is setting on unfair use of sunset clauses in off-the-plan sales!
In brief The recent amendment to the Conveyancing Act by the NSW Government has shifted the balance in relation to strata developments. For a long time, the perception has been that developers have held all the power in off-the-plan contracts. Daniel Kentwell shares his insights. Terms: “off the plan contract” (for the…
Where there’s a will there’s a relative! Claims against deceased estates
In brief This year marks the 100th anniversary of the commencement of family provision legislation in New South Wales. Despite this, we are continuously surprised by the number of people who come to see us about their estate planning needs and who are not aware that their will may be…