Category Archives: Business Law
Planning for Stamp Duty Changes
When GST was introduced in 2000, part of the then agreement between the Commonwealth and the States for the sharing of GST revenues proposed the abolition of various state taxes relevant to business. As might have been anticipated, most State … Continue reading
Comments Off
Filed under Business Law, Weekly Columns
National Buildplan (in Administration) … Who is Responsible?
National Buildplan was a construction company involved in arranging construction of many large building contracts throughout Australia. A large number of those projects are Government funded infrastructure jobs, many of which are in the north west of New South Wales. … Continue reading
Comments Off
Filed under Business Law, Weekly Columns
Good Faith Clauses in Commercial Contracts
Good faith clauses are finding their way into more and more commercial contracts. Traditionalists amongst lawyers will tell you that they are meaningless and that the only provisions which belong in a contract are precise statements of what each party … Continue reading
Comments Off
Filed under Business Law, Weekly Columns
Does a Written Contract Make You a Contractor?
Independent contractors are usually self-employed and accordingly are their own boss – providing their own tools, deciding which jobs to take on, being paid to achieve a result and bearing the risk of non-payment. Employees on the other hand are … Continue reading
Comments Off
Filed under Business Law, Employment Law, Weekly Columns
Company Directors must act honestly. No ifs, no buts.
In April 2011, the founder of a substantial property development group was convicted of dishonestly using his position as a director of companies in the group to obtain an advantage for himself to the tune of about $2.8million. He was … Continue reading
Comments Off
Filed under Business Law, Weekly Columns
Retail Leases: The Importance of Disclosure
The Retail Leases Act (NSW) applies to all retail leases in NSW. The definition of retail lease is quite wide, encompassing any agreement under which a person grants another person a right to occupy a premises for the purpose of … Continue reading
Comments Off
Filed under Business Law, Weekly Columns
Damages Under Commercial Leases – Part II
Last week we looked at a landlords rights under a commercial lease where the tenant left the property and stopped making rental payments mid way through a lease. Our firm brought the matter before the Tamworth Local Court before the … Continue reading
Comments Off
Filed under Business Law, Property Law, Weekly Columns
Damages Under Commercial Leases – Part I
An interesting legal point arose recently in a case that I conducted in the Local Court. The question centred around the damages that a landlord is entitled to recover from a commercial tenant that breaches a lease. Six months into … Continue reading
Comments Off
Filed under Business Law, Property Law, Weekly Columns
Super Borrowing
Borrowing by Self Managed Superannuation Funds (“SMSFs”) has been allowed under strictly controlled circumstances for over five years. Over that time the “grey areas” have gradually become a little clearer both through legislative change and the issue of very detailed … Continue reading
Comments Off
Filed under Business Law, Superannuation, Weekly Columns
WHS or OH&S
In 2009 Safe Work Australia, a national statutory body was given the job of nationalising state occupational health and safety laws. This was designed to harmonize the laws across the various jurisdictions. On 1 July 2012, the Work Health & … Continue reading
Comments Off
Filed under Business Law, Employment Law, Weekly Columns