18.02.20
Claiming Costs in ACAT
The ACT Civil and Administrative Tribunal (ACAT), unlike the Courts system generally, is well known as for being a ‘no costs’ jurisdiction, meaning that each party bears their own legal costs. This is…
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View Filter13.02.20
Motor Accident Compensation in NSW: Part 5- Dispute Resolution Services
This article continues our series on motor accident compensation in NSW. You can read about the specific features of the Motor Accidents Injuries Act 2017 (“MAIA“) in part 4 found here. Dispute Resolution…
11.02.20
George Calombaris’ Restaurant Group MAdE Enters Voluntary Administration
On the tail of an ongoing scandal around worker’s wages, former Master Chef judge George Calombaris announced yesterday that the MAdE Establishment restaurant group (Made Group) was placed into voluntary administration. Administrators from…
10.02.20
Consent Orders or Parenting Plans to document your parenting agreement?
Managing parental rights and responsibilities is a crucial concern for separating parents. Following separation, parents are presented with different possible ways to record agreements regarding the parenting arrangements for their child or children….
07.02.20
Family Law Courts New Practice Direction
On 28 January 2020 a new practice Direction was issued by the Chief Justice of the Family Court of Australia / Chief Judge of the Federal Circuit Court of Australia setting out 10…
04.02.20
Legal Professional Privilege Over Company Documents in Liquidation
An important function of the Courts is to determine which documents can and cannot be used as evidence in a proceeding. An important class of documents that cannot be used are those protected…
31.01.20
Parental Responsibilities and Child Rights
There is a common misconception surrounding parental rights in family disputes that many people who are unfamiliar with the family law system often fall prey to. Parents often assume they have rights when…
28.01.20
Jurisdiction- An Important Consideration for International and Interstate Contracts
In circumstances where business agreements between companies cross international (or even state) borders, there are issues that can arise from any dispute that are often not thought about in times of growth and…
24.01.20
Who Owns Your Digital Assets When You Die?
The short answer is the ‘the company behind the digital platform’. For example, Instagram, Facebook and Twitter. But first, what are digital assets? You may not know this, but your Facebook and Instagram…
23.01.20
The New Off-The-Plan Contract Requirements in NSW
Recently, there have been some changes to the Conveyancing Legislation (Amendment) Act 2018 (New South Wales) and the Conveyancing (Sale of Land) Amendment Regulation 2019 (NSW). The changes, which took effect from 1…
22.01.20
Chamberlains Enters Family Law and Expands to Newcastle Market
Chamberlains Law Firm can proudly announce the incorporation of Yeend and Associates, a specialised Family Law Firm, into its growing practice. Family Law is now a part of Chamberlains’ full-service offer along with…
20.01.20
Motor Accident Compensation in NSW: Part 4- Specific Features of the MAIA
This article continues our series on motor accident compensation in NSW. You can read about the procedural requirements of the motor accident compensation scheme in part 3 found here. The 2017 legislation sets…
17.01.20
Deeds and How to Execute Them – Counterpart Signatures on Behalf of a Corporation May Not Be Valid
Recently, the Supreme Court of South Australia has cast doubt on the execution requirements under section 127 of the Corporations Act 2001 (Cth) (Act). Section 127(1) provides for valid execution of a document…
16.01.20
ASIC’s Corporate Governance Taskforce
Good corporate governance is important for businesses of all sizes, from small businesses to large publicly traded companies. Most recently and notably, the financial services sector was subject to the Banking and Financial…
14.01.20
Executor’s Duties
Have you been appointed as an executor in someone’s Will? Are you aware of your duties and obligations when acting as an executor of an estate? Do you know how to protect yourself…
12.01.20
Divorce and Separation – Navigating emotionally treacherous waters
Relationships are complicated, marriages are complicated but when they end, they have the potential to place your life in a stall. Relationships mean different things to different people but it is important to…
09.01.20
Motor Accident Compensation in NSW: Part 3- Procedural Requirements Under the MAC Act
This article continues our series on motor accident compensation in NSW. You can read about the modern motor accident compensation scheme in part 2 found here. Generally speaking, the procedural requirements under the…
08.01.20
Discretionary Trusts Tax Surcharge
The NSW State Government has recently introduced State Revenue Legislation Further Amendment Bill 2019 (Bill) into Parliament, which contains a number of provisions that could have a major impact on NSW property owners….
07.01.20
Estate Planning vs. Will Drafting
Making a Will is the best way to ensure your wishes are observed and to prevent potential disputes regarding your Estate and affairs. It also provides security for loved ones and can help…
19.12.19
Shareholder Oppression: What Is the Threshold?
Recently, the Victorian Supreme Court handed down their judgment in Pacific Dairies Limited v Orican Pty Ltd [2019] VSC 647 (Pacific Dairies). The case illustrates the unwillingness of Courts to interfere in cases…
17.12.19
Legal professional privilege and the dominant purpose test
Douglas v Morgan [2019] SASFC 76 Legal professional privilege may be exercised by clients in a lawyer-client relationship, to protect communications of a confidential nature, which were brought into existence for the dominant…
12.12.19
Time Is Running out to Enact a Workplace Whistleblower Policy: New Requirements for Public Companies
The new whistleblower reforms were introduced into law from the beginning of the 2019 financial year with the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Amendment Act). The Amendment Act aims…
09.12.19
When Are an Insurer’s Contractual Obligations Discharged Under a Policy?
Royce v Youi Pty Ltd [2019] QCA 193 Insurance companies are in constant dispute with their customers in relation to the progress and finalisation of their claims. From when an insurance claim is…
06.12.19
Pelvic Mesh Class Action- Medical Product Liability
On 21 November 2019, over two years after its commencement, the Federal Court of Australia handed down its monstrous 1500-page, 520,000-word decision in the medical product liability class action known as Gill v…
02.12.19
Pty & Ltd – What Does It Actually Mean?
Do you often see the terms ‘Pty’ and ‘Ltd’ at the end of a business name? Do you sometimes wonder what they might actually mean? A vast majority of people might know that…
29.11.19
Motor Accident Compensation in NSW: Part 2- The Modern Scheme
This article continues our series on motor accident compensation in NSW. You can read about the history of motor accident compensation in part 1 found here. The Scheme Today The Motor Accidents Compensation…
19.11.19
Motor Accident Compensation in NSW: Part 1- A History of Third-Party Insurance Schemes
My aim in this series of articles is to give you a practical understanding of the motor accident compensation scheme as it is now, with particular reference to what is necessary in considering…
06.11.19
Unfair Preference Claims in Liquidations: How to make out a Defence?
A recent matter before the Supreme Court of Queensland Court of Appeal has provided clarity on the establishment of a s588FG(2) Corporations Act 2001 (Cth) defence to an unfair preference claims. The topical…
06.11.19
Are You Buying A Unit in Canberra?
Are you thinking of buying a unit in Canberra? If you intend to live in your unit or rent it out to tenants, you need to know what the place is like to…
04.11.19
The Future of Illegal Phoenixing
The Treasury Law Amendment (Combating Illegal Phoenixing) Bill 2019 (the Bill), after initially being introduced in February 2019, has now re-surfaced. In its current form, the Bill is slated as a countermeasure to…
03.11.19
Is There “Some Other Reason” To Set Aside A Statutory Demand?
A recent decision handed down in the Supreme Court of New South Wales has shed light on new reasons for why a Court may set aside a creditor’s statutory demand that is served…
21.10.19
Amendments to the Security of Payment Act
The Building and Construction Industry Security of Payment Amendment Act 2018 No 78 (NSW) (Amendment Act) has come into force today, 21 October 2019, bringing with it substantial changes to the Building and…
13.10.19
Is Voluntary Administration Really Voluntary?
When a company is experiencing a shortage of business opportunities, overwhelming tax or superannuation liability, or unmeetable loan or bill payments, that company may be nearing insolvency. Insolvency is defined as being unable…
11.10.19
Ombudsman launches Insolvency Practices Inquiry
It is no secret that insolvency processes such as liquidation and external administration can be financially burdensome and extremely stressful for all those involved. What can often be neglected is how these processes…
09.10.19
Case Note: Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685
EXECUTIVE SUMMARY Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685 breaks new ground with respect to the definition of an “other arrangement” under the Building & Construction Industry Security of…
09.10.19
The Matter of Brimson: Application of the Amerind Decision
On 25 June 2019, Justice Moshinsky of the Federal Court of Australia heard an application in the matter of Brimson Pty Ltd (in liquidation) seeking that the liquidator be appointed as receiver and…
09.10.19
Re Amerind: Implications for Insolvent Trading Trusts
The recent decision of the High Court of Australia in Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 (Re Amerind) marks the end of a saga with significant implications…
01.10.19
New Gift Card Laws that Businesses Must be Aware Of
From 1 November 2019 new laws will come into force that place additional restrictions on gift cards that business can sell or supply to their customers. It is crucial that business owners understand…
16.09.19
Chamberlains Lawcast Now Live
We are pleased to announce the launch of our weekly Podcast, Chamberlains Lawcast. Our use of real-world understanding, nationally-recognised expertise, and straightforward advice, provides you with the information you need to know to…
11.09.19
The Release of Deposit Conundrum
A deposit under a contract for the sale and purchase of land is paid at the time of exchange of contracts and is a sign of intent by the purchaser to complete the…
11.09.19
‘Kimono’, indigenous culture, and trade mark laws – what cultural elements can be trade marked? – Part 1
Ms Kim Kardashian-West caused a stir last month for co-opting the use of the Japanese word ‘Kimono’ for her new brand of shapewear clothing. A kimono is a traditional Japanese dress that is…
09.09.19
The Measure of Damage for a Hire Vehicle
Case Note – The Measure of Damage for a Hire Vehicle Nguyen -v- Cassim [2019] NSWSC 1130 The Supreme Court of New South Wales has again been called upon to deal with the…
06.09.19
Jeffrey Epstein’s Last-Minute Will
On 10 August 2019, renowned U.S. financier Jeffrey Epstein was found dead in his New York prison cell, where he had been awaiting trial on sex trafficking and conspiracy charges. Just two days…
05.09.19
Terminating a Winding-up Application
A recent decision handed down in the Supreme Court of New South Wales has shed light on the amount of evidence required to successfully terminate a winding-up application brought against a company in…
03.09.19
Subway Taking Bites out of Employees’ Wages
Subway is under investigation by the Fair Work Ombudsman over employee underpayments and mistreatment of franchise owners. Subway’s franchise numbers have began to dwindle over the past 4 years, with 1 out of…
23.08.19
Are You Thinking About Buying a Unit or Apartment Off the Plan?
Buying off the plan involves securing a property using a Contract for Sale on an unconditional basis before the building has been constructed or completed. Although it may feel different buying a property…
20.08.19
Equitable Contribution & Insolvent Trading Liability Arising From Settlement
I’m Taking You Down With Me In June 2018, the liquidator of Takema Investments Pty Ltd was ultimately successful in bringing forward a proceeding against a former director of the company, Mr Kerry…
20.08.19
Gift Cards and Insolvency: Options for Recovery
When a retail company announces it is insolvent and entering into voluntary administration or liquidation, many loyal customers may be left unsure about their right to redeem gift cards, and rely on lay-bys…
08.08.19
Are You a First Home Buyer?
Many first home buyers in the ACT are not aware of the new Stamp Duty changes that came into effect on 1 July 2019. Prior to 1 July 2019, first home buyers were…
08.08.19
Which Creditors’ Interests are “More Equal than Others”?
A recent decision handed down in the Supreme Court of New South Wales has shed some light on which creditors’ interests will be given greater weight when considering an adjournment of a winding…
05.08.19
Caveats: Beware the Unforeseen Risks
Caveats are one of the most recognisable forms of land dealings across the Australian States and Territories. However, they are also widely misunderstood. Most commonly, caveats are used to help secure debts owed…
02.08.19
Neil Armstrong: First Man on the Moon’s Death Likely the Result of Medical Negligence
You would think Neil Armstrong would receive medical care that was out of this world. However, recent investigations have revealed that the first man on the moon’s death may have been the result…
01.08.19
“The Golden Bowl is Broken”: Bob Hawke & the Dispute over his Will
Australia’s longest-serving prime minister passed away on May 16 at the age of 89. Now, a few months after the former PM’s death, his family is entering into a legal dispute over his…
30.07.19
Fairness in Franchising and the Government’s New Special Taskforce
Earlier this year in March, the Australian Parliamentary Joint Committee on Corporations and Financial Services handed down its 369-page report called ‘Fairness in Franchising’ (Report). The Committee’s inquiry has generated some controversy throughout…
17.07.19
Smoking Gun – Employees’ Dismissal Upheld for Stolen Cigarettes
A recent decision by the Fair Work Commission (FWC) has outlined the evidentiary burden to be met by employers when dismissing employees for misconduct. The FWC upheld the dismissal of two employees involved…
12.07.19
Big Enough Fish: Changes to Financial Thresholds for Reporting Requirements for Proprietary Companies
The Treasury has recently implemented amendments to the Corporations Regulations 2001 (Cth) (under the Corporations Act 2001) regarding the reporting burdens on small to medium sized companies, increasing the thresholds for the first…
18.06.19
Termination of Unwanted Trusts
The rule in Saunders v Vautier (1841) 41 ER 482 provides a mechanism by which beneficiaries can terminate an unwanted trust by giving a suitable notice to their trustee. That case laid down…
13.06.19
Using ™ and ® – What are the Differences?
What is a trade mark and how are they signified? You have probably seen superscript symbols above famous logos and may think they are interchangeable. However, as with many things in the law,…
17.05.19
Need For A Hire Vehicle – The True Test
Seung Huyn Lee -v- Leisa Strelnicks [2019] NSWSC 526 After at least a decade of constant litigation in the Local Court of New South Wales, insurers and hire car companies have finally been…
06.05.19
NSW Supreme Court case declares Fresh Reference Dates for Contractors where Principal terminates a contract for convenience
What is a reference date? Section 8(2) of the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (Act) defines a reference date as follows: A date contained in the contract on…
29.04.19
A Question of Costs.
On 10 April 2019 his Honour Dicker handed down a decision as to the question of costs in the matter of Zhang -v- Harmstorf. The substantive matter was in relation to a breach…
29.04.19
Clive Palmer, Twisted Sister and Kookaburras: Copyright Infringement in Music
Clive Palmer’s United Australia Party is the latest political party to be the subject of a copyright claim for use of music in an advertising campaign (after Eminem successfully sued the New Zealand…
11.04.19
When is a Waiver not Enough?
It is a common misconception that a waiver in a contract will protect an equine professional from any and all liability when someone is hurt (or dies) whilst engaged in an equine related…
19.03.19
Disposing of Agisted Horses: ACT v New South Wales
Agisting horses can bring about a range of difficulties when owners neglect paying invoices. In Victoria, the Impounding of Livestock Act 1994 (Vic) enables a landholder with a horse agisted on their property…
18.03.19
Sour Grapes: Winemakers facing new naming restrictions for Nero d’Avola wines
You may be aware of it being unlawful in the European Union to name or refer to any sparkling wine “Champagne” unless it is produced in the Champagne region of France. France’s Comité…
18.03.19
7 Years a Secured Party? Renew your PPSR Registrations!
If you are a secured party on the Personal Property Securities Register (PPSR), you should be acutely aware of 30 January 2019. This is the day that the PPSR passes it’s seventh year,…
13.03.19
Local Court of NSW Small Claims Division Jurisdictional Limit Increase to $20,000
Schedule 1.20 of the Justice Legislation Amendment Act (No 3) 2018 (NSW) officially came into effect by proclamation on 28 February 2019, bringing the jurisdictional limit of the Local Court of New South…
21.02.19
Are Australia’s Decadent Dessert Cafes Doomed to Fail?
Introduction To the dismay of thousands of chocolate loving Australians, the chocolate restaurant and chocolatier Max Brenner announced they were entering into voluntary administration late last year. While the directors claimed that everything…
11.02.19
Chamberlains Law Firm incorporates Shaw McDonald Lawyers Sydney
Chamberlains Law Firm is delighted to announce the merger of Shaw McDonald Lawyers into its growing practice. Based in Sydney and established in 1908, Shaw McDonald has a proud 100-year history of providing…
08.02.19
Equine Legal Services
Why Do I Need a Lawyer? Recently when we have been out at events speaking with competitors, grooms and other people about what we do, we have noticed that a comment we often…
04.02.19
Legalwise Seminar: Property, Trusts & Insolvency
We are proud to announce that Stipe Vuleta, Chamberlains Managing Director and head of our Litigation and Restructuring Team will be speaking at the Canberra Legalwise seminar on Thursday 28 February 2019 which…
03.02.19
Trust Issues & PPSR Pitfalls
Registering security interests on the Personal Property Securities Register (PPSR) requires accuracy and attention to detail. The well-known case of In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21…
15.01.19
ACT Building and Construction Security of Payment Act.
Introduction The Building and Construction Industry (Security of Payment) Act 2009 (ACT) (“the Act”) is a piece of legislation designed to facilitate the speedy recovery of payments under contracts in the building and…
18.12.18
Swimming Pool Requirements when Purchasing a Property in the ACT
It is that time of year again where a light dip in your backyard swimming pool is a welcome relief from the warm summer days. The swimming pool is a feature of many…
18.12.18
Joint Tenants or Tenants in Common: What is the Difference?
The terms ‘joint tenancy’ and ‘tenancy in common’ are often use in situations where two or more people purchase real property together. But what do these terms actually mean? Joint tenancy Where two…
13.12.18
Kickstart Me: Exciting Developments in Crowd Sourced Funding in Australia
Introduction Crowd-sourced funding (CSF) refers to small start-up public companies that are not listed on any stock exchange raising funds from a large number of small investors. It is very useful where a…
13.12.18
Corporate Governance: Lessons from FIFA’s New Code of Conduct
Introduction FIFA, the peak governing body for Association Football, has recently caused a stir by removing references to corruption from their latest version of their code of ethics (Code). FIFA has been frequently…
12.12.18
Providing for Your Pooch After You’ve Passed
There’s no doubt that Australians love their pets, in fact more than 50% of us live in a household with at least one cat and/or dog. In the last year alone, Australian’s are…
12.12.18
Record Setting Judgment for Defamation Payouts
In September 2018, Radio broadcaster, Alan Jones and his team at 2GB and 4BC were ordered to pay a record breaking $3.7 million in damages to the well-known Wagner Family following Jones’ claim…
10.12.18
What is the meaning of “cross-demand” in the context of the Bankruptcy Act?
Introduction The recent case of HE v SHANAHAN AS LIQUIDATOR OF EASTERN SOURCE CONSTRUCTION PTY LTD (IN LIQ) & ANOR is another great case for lawyers, insolvency practitioners and the public alike as…
07.12.18
Ipso Facto Law Reforms
Intro Changes to the Corporations Act 2001 (Cth) made last year through the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced safe harbor and ipso facto reforms. The…
19.11.18
ACT Building and Construction Industry Security of Payment Act – What are your rights?
Introduction The Building and Construction Industry (Security of Payment) Act 2009 (ACT) (“the Act”) is a piece of legislation designed to facilitate the speedy recovery of payments under contracts in the building and…
09.10.18
The Chorley Exception – Self-Represented Barristers Claiming For Their Own Costs? – October 2018 Update
The question of costs occupies a significant amount of the life of a proceeding and complexities surrounding costs are difficult to unravel. The losing party will usually pay the successful party’s costs that…
11.09.18
New Sydney Location Now Open
Chamberlains Law Firm is delighted to announce that as part of our commitment to continued growth our Sydney Building and Construction Team, headed by Director Michael Terry Whitall, have finalised their relocation to…
11.09.18
The Rise of Litigation: Are Australians Too Gung-Ho About Going to Court?
Introduction Since the mid 1990’s, when advertising regulations around law firms were relaxed, there has been a general trend in Australia of increased litigation and court cases. Such a trend has had significant…
01.09.18
Australia Building Code: Mandatory Reporting of Late or Disputed Payments – Are you in Breach?
Introduction The Building and Construction Industry (Improving Productivity) Act (“the Act”) is a piece of federal legislation aimed to improve workplace relation frameworks to ensure building work is carried out fairly, efficiently and…
27.07.18
Could You Sue Your University If You Didn’t Get A Job?
Introduction A former Oxford student has recently claimed that the university was responsible for his failure to attain employment as a top tier lawyer in the case of Faiz Siddiqui v The Chancellor,…
24.07.18
Double Dipping on GST: The Risks of New Low Value Imported Goods Tax
Background With the boom of global online shopping in recent years, the Australian government has recently implemented new legislation to begin taxing low value goods from overseas sales. Any vendor that makes more…
19.07.18
The Cummins Principle and Wallace – Guidance or More Confusion?
The Cummins principle has again surfaced in the decision in Turner as Trustee of the Bankrupt Estate of Wallace v Wallace [2017] FCCA 3044 (Wallace). The case further demonstrates that transferring a property…
17.07.18
The Chorley Exception – Self-Represented Barristers Claiming For Their Own Costs?
The question of costs occupies a significant amount of the life of a proceeding and complexities surrounding costs are difficult to unravel. The losing party will usually pay the successful party’s costs that…
10.07.18
Tax Implications in Company Liquidation
INTRODUCTION What is liquidation? The liquidation of a company is the process by which a company winds down and ceases to exist. This can arise for many reasons and can be voluntary or…
05.07.18
Bitcoin, The Law & You: Tax & Succession Issues with Cryptocurrency
INTRODUCTION The phenomenal surges in cryptocurrency prices have put cryptocurrencies such as Bitcoin and Ethereum on the radar of many investors in the mainstream. Those interested in speculating with Bitcoin should be aware…
04.07.18
The Devil Is In The Details – Statutory Demands
The recent decision in the matter of GLFB Pty Ltd trading as Harvest Homes [2018] NSWSC 598 is a lesson to all professionals in all industries on how important being detailed and consistent…
29.04.18
Chamberlains Law Firm Incorporates Backhouse Legal
Chamberlains Law Firm is delighted to announce the incorporation of Backhouse Legal into its growing practice. As of 30 April 2018, Principal of Backhouse Legal and 2017 Canberra Business Woman of the Year,…
20.04.18
Liquidators, Beware the Set-Off
The decision of Justice Markovic in the recent matter of Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2) [2018] (“Stone…
19.04.18
GST withholding requirements for new residential premises from 1 July 2018 target phoenix developers
From 1 July 2018, purchasers of new residential premises and new residential subdivisions must withhold the goods and services tax (GST) amount on the contract price at settlement and pay it directly to…
17.04.18
Stricter Licensing Regime and Testing for ACT Builders
The ACT Legislative Assembly’s Standing Committee on Economic Development and Tourism has held an inquiry into building quality in the ACT. The inquiry has come in response to assessing the quality of new…
09.04.18
ACT Leave Announces Building & Construction Scheme Employer Levy Rate Reduction
The Governing Board of the ACT Long Service Leave Authority (LSLA) has recently agreed to a reduction in the employer levy payable under the Building and Construction Scheme of the Long Service Leave…
13.03.18
Show Me The Money
If someone asked you what was meant by the term ‘money’, what would you say? Would you define it as simply the cash you currently have in your wallet, in the bank, your…
05.03.18
Prickly Exclusion Clauses – The Thistle Company and Engineering Contracts
The Queensland Court of Appeal has recently upheld the operation of an exclusion of liability clause in an engineering contract. The decision in The Thistle Company of Australia Pty Ltd v Bretz &…
05.03.18
Lawyers Weekly 30 Under 30 2018
We are proud to announce that Stipe Vuleta is a finalist at the 2018 Lawyers Weekly 30 Under 30 Awards in the Dispute Resolution category. Congratulations Stipe on your well deserved nomination and…
14.02.18
Check Your Legal Privilege, Part 2 – Without Prejudice Privilege and Self-Incrimination Privilege
This is Part 2 of a two-part series on legal privilege. Part 1 on legal professional privilege is also available here. Without Prejudice Privilege (WPP) WPP protects communications between parties regarding settlement negotiations….
14.02.18
Check Your Legal Privilege, Part 1 – Legal Professional Privilege
This series of articles will examine the general types of privilege that exist. In Part 1, we will look at legal professional privilege (LPP). In Part 2, we will discuss without prejudice privilege…
12.02.18
Where The Trade Practices Act 1974 (CTH) Meets Bankruptcy
The now superceded Trade Practices Act 1974 (Cth) (TPA) and its relation to Australia’s bankruptcy laws was recently explored in Pattinson v Bellwether Agriculture Pty Ltd (In Liq) [2018] NSWSC 38 (Pattinson). The…
11.02.18
Third Party Litigation Funding in Australia
Third party litigation funding in Australia affords claimants a potential avenue of recourse in instances where: They are unwilling or unable to fund litigation personally; Funding cannot be obtained through creditors; and Solicitors…
29.01.18
Attention Creditors: New Laws For Replacing Liquidators
Liquidators have a duty to act independently and in the best interests of the creditors of a company. However, frequently, a dispute with a liquidator may arise in relation to an apparent lack…
29.01.18
New Developments in the Application of Anti-Phoenix Provisions
1. Background 1.1 Last month in Featherstone v Ashala Model Agency Pty Ltd (in liq) & Anor [2017] QCA 260 (Featherstone) the Queensland Court of Appeal demonstrated how far the phoenix prohibition in the Corporations Act…
29.01.18
Safe Harbour Reforms
The arrival of the ‘safe harbour’ reforms aim to protect directors from personal liability for insolvent trading as long as from the outset of suspecting insolvency of the company they have thoroughly documented…
29.01.18
Conveyancing at Chamberlains Law Firm
The Directors and staff at Chamberlains Law Firm are excited to announce that we have been voted as one of the Top 3 conveyancing law firms in Canberra by the readers of The…
29.01.18
Email Scam Awareness
Last week Chamberlains and its clients were targeted by scammers. A client informed us that he received a suspicious email directing him to deposit moneys into trust in preparation for a property purchase….
29.01.18
3 Down to 1 – New Bankruptcy Bill Introduced
A new bill has been introduced into Federal Parliament which relevantly seeks to reduce the period of automatic discharge from bankruptcy from three years to one. Reducing the time for discharge is a…
22.06.17
No Love on the Cummins Principle
The Federal Circuit Court in Weston v McAuley [2017] FCCA 1 (Weston) has recently reaffirmed the application of the decision in Prentice (trustee of the property of Cummins, a Bankrupt) v Cummins (No…
27.04.17
How do you protect Commercial Designs
When it comes to protecting intellectual property, and especially protecting intellectual property by registration most people automatically think about patents (devices, substances, method or processes) and trademarks (identification marks for your business, goods,…
02.12.16
Estate planning for the Christmas holidays
Christmas is a time that we reflect on the year gone by and celebrate with our family members. For some this can mean a get together at home or travelling overseas or interstate…
23.09.16
Have you been deceived by comparison advertising?
On 16 September 2016, the Australian Competition & Consumer Commission (ACCC) announced that London-based online clothing retailer Charles Tyrwhitt LLP had paid a penalty of $10,800 after being issued with an infringement notice…
08.09.16
V Energy Drink and Coca-Cola – which green is it?
Recently Frucor Beverages, the V Energy Drink maker, attempted to register the colour green (Pantone 376C) as a trade mark but the Coca-Cola Company had other ideas. Section 17 of the Trade Marks…
26.08.16
Delayed Commencement for the Insolvency Law Reform Act
On 23 August 2016 the Minister for Revenue and Financial Services announced that the commencement of a portion of the Insolvency Law Reform Act will be delayed until 1 September 2017.
02.08.16
An Injunction – What does it mean?
Sometimes a party to a dispute requires urgent relief. An injunction is a form of urgent relief that can be granted by the Court in certain circumstances.
21.07.16
Our new Director and Practice Leader of Property
We are pleased to announce that Louise Morris has joined our team as our new Director and Practice Leader of property. Louise brings a wealth of knowledge to our firm with over 10…
28.06.16
Case law snapshot: Bull v Australian Quarter Horse Association
In the recent case of Bull v Australian Quarter Horse Association [2015] NSWCA 354 the New South Wales Court of Appeal examined a case where a cloned horse was denied registration based on…
23.06.16
Draft code of practice – Safework NSW
A new draft code of practice has been issued by Safework NSW entitled ‘Managing Risks when New and Inexperienced Persons Interact with Horses’ (“Draft Code”). You can access the Draft Code here. This…
17.06.16
Misrepresenting Horses for Sale: The Commonly Asked Questions, Part 2
Behavioural Issues The horse behaved just fine when I tried him, and now he’s bucking me off. Can I return the horse? As we discussed in Part 1 of Misrepresenting Horses for Sale,…
23.05.16
IP Valuations – Common Pitfalls
Intellectual Property (IP) Valuations are often necessary when determining the value of a Company’s assets both in contested proceedings and in restructures. However, sometimes valuers and experts fall into the trap of making errors…
10.05.16
Case law snapshot – Capogreco v Rogerson
The recent case of Capogreco v Rogerson [2015] NSWSC 1371 (Capogreco) highlighted the issues of misleading and deceptive conduct, as well as the issues that arise when selling a horse that is owned…
03.05.16
Resolving disputes – what does “without prejudice” mean?
Non-lawyers and lawyers alike can take advantage of the phrase “without prejudice” and the protection it offers when making a genuine attempt to settle a dispute. Using the phrase “without prejudice” clearly indicates…
20.04.16
Liability for Horse Owners and Agistment Centres
It is important to be aware of when you may be liable for injury and loss caused by horses that you own or that you manage. If you have horses, there is always…
20.04.16
Liquidator’s lien trumps a secured creditor’s claim
In Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15, the Court affirmed the position in Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 (Universal), that a liquidator’s lien…
15.04.16
Chamberlains Law Firm represents Canberra in the Australasian Law Awards
Chamberlains Law Firm is pleased to announce that we are a finalist in the 2016 Australasian Law Awards in the State/Regional Firm of the Year category. We are proud to be representing Canberra…
30.03.16
What is a Patentable Invention? A Lesson from the High Court
On 7 October 2015, the High Court of Australia released a decision in relation to the gene commonly known as the “breast cancer gene”. In D’Arcy v Myriad Genetics Inc. [2014] FCAFC 115, the High…
23.03.16
Debunking Common Misconceptions about Bankruptcy
Personal insolvency is a growing market with more and more people declaring bankruptcy or entering into other personal insolvency arrangements to address credit issues arising out of consumer credit, business related debt or…
09.03.16
Agency Law and Purchasing Horses
It is common for professionals in the horse industry to be asked to act as an agent in the purchase of a horse for a client. This is a common practice undertaken by…
01.03.16
Misleading and deceptive conduct in marketing and packaging: a real pain in the neck for Nurofen
In March 2015 Reckitt Benckiser (Australia) Pty Ltd (RB), the producer of health, hygiene and home products in Australia came under fire by the Australian Competition and Consumer Commission (ACCC) over their range…
25.02.16
When you should review your Will
Your will is an important document that, if drafted effectively, distributes your assets in accordance with your wishes. In addition to regularly reviewing your will every 3 to 5 years, there are certain…
18.02.16
Misrepresenting Horses for Sale: The Commonly Asked Questions, Part 1
A very large proportion of legal queries from horse people are centered around misrepresentation and the duty of disclosure during equine sale transactions. In this series of articles, we will review the most…
17.02.16
Injured in the public sector: An insight into Comcare compensation
This article covers workers who are employed by the Commonwealth or by a Commonwealth authority (except any military personnel). Canberra has one of the highest employment figures in the public sector in Australia….
10.02.16
What passes in accordance with a Will – estate v non-estate assets
When preparing a Will, it is important to consider what actually passes in accordance with your Will. It is not uncommon to see a Will where a testator has attempted to gift assets…
08.02.16
What is Bankruptcy?
The modern law of bankruptcy essentially evolved from a social desire to keep commercial matters, of most types, separate from the developing criminal regime; essentially an alternative to “debtor’s prison”. Under the Bankruptcy…
08.02.16
Insolvency Law reform provides safe harbour for drowning Businesses
Current laws Australia’s corporate insolvency laws have typically been swayed in favour of protecting investors and vulnerable shareholders, placing the weight of duties on company directors. Director’s responsibilities were designed to create business…
10.12.15
Do you know what kind of business structure you are?
The legal structure of your business will affect how the business is taxed, how your assets are protected, and the cost of operating your business. It is important to understand what your business…
11.11.15
Unfair Preference Payments in Bankruptcy
To put it colloquially, in the bankruptcy context, preference payments are payments made by a bankrupt debtor in favour of an unsecured creditor at the expense of other ordinary creditors of a bankrupt…
05.11.15
Social Media and the Law
Social media facilitates global communication by providing its users with a playground of online platforms to create and exchange user-generated content. With this privilege of communication comes responsibility, as laws have continued to…
15.10.15
Horse Industry – Waivers Risk Acknowledgement & the Code of Practice
Horse Industry Code of Practice The Code of Practice for the horse industry has been developed by the Australian Horse Industry Council. The most recent revised version is from October 2009. It is…
08.10.15
Is your email exchange a binding contract?
Email exchanges are increasingly being viewed by the Courts as another way of creating legally binding contracts. This should be a worrying realisation for anyone who has casually exchanged emails with someone where…
02.10.15
Winding up on just and equitable grounds: quasi-partnerships
Section 461(1)(k) of the Corporations Act gives the Court the power to wind up a company and appoint a liquidator if the Court is of the opinion that it is just and equitable…
18.09.15
Registering Security Interests: Time is of the essence
A 2014 decision from the Federal Court is a timely reminder to register security interests on time. In this case, the creditor (the Applicant) advanced $250,000 to the debtor (the Respondent). A security…
02.09.15
Restraint of trade clauses in employment contracts
It is common for employment contracts to include restraint of trade clauses. These clauses typically attempt to restrain current and former employees from engaging in business which would damage the employer’s business interests….
28.08.15
Top tips for buying and selling horses
Both buyers and sellers need to be aware of the pitfalls of transactions involving horses. Sayward Brest, our equine specialist, offers these four tips to avoid disputes. Ensure the horse is fit for…
26.08.15
Price Fixing – No joy for the ACCC
Two recent decisions in the Full Court of the Federal Court have provided some clarity to the issue of price fixing between selling agents and principals who may be in competition with each…
07.08.15
Statutory Demands – a step beyond debt recovery
A statutory demand is the first actionable step against a company taken by a creditor who has sought to recover a debt and is now looking to establish the insolvency of a debtor….
31.07.15
Death Benefit Taxes – Death Duties by another name
Australia made history in the late 70s as one of the first developed countries to abolish death duties on deceased estates. Since then there has officially been no death duties in Australia. This…
24.07.15
Public Examinations – A quick guide for Directors – Part 2 – How is a public examination conducted?
It is difficult for a director to not be intimidated by the process of a public examination. An examination is initiated by summons from the court, leading to scrutiny by an often fervent…
15.07.15
Director Penalty Notices – A Quick Reminder to Get the Right Advice
There were major changes to director penalty notices in 2012 – limiting somewhat the ability of directors to escape personal liability for corporate tax debts. As readers are likely well aware, company directors…
08.07.15
Will proposed 3D printing laws bear fruit?
3D printing is touted as the next big revolution in the manufacturing industry. With the cost of 3D printers coming down remarkably low, there has been a huge rise in popularity and availability…
26.06.15
Minimising the legal costs of negotiating a commercial lease
A commercial lease will be daunting for any party that has not entered into one before. A typical lease agreement can be up to 50 pages covering many topics including rent, outgoings, repair…
24.06.15
Public Examinations – A quick guide for directors
Part 1: What is a Public Examination? A public examination is a process where an examiner, more often than not a liquidator or trustee in bankruptcy, however from time to time ASIC or…
04.06.15
Buying business premises through your SMSF
Business owners can run into difficulties when operating from leased premises, such as: Disputes with your landlord over rent increases, repairs, extensions; or A landlord can prevent you selling your business by refusing…
03.06.15
Protecting your Intellectual Property – Copyright
What is Copyright? Copyright is one of the main intellectual property protections in Australia and is the most common and appropriate form of protection available for literary, musical and artistic work. It is…
22.05.15
The potential upsides of voluntary administration
The potential upside of voluntary administration in light of a recent surge in ATO wind-ups is outlined in this article on Creditor Watch by Stipe Vuleta – Managing Director and Practice Leader of Dispute Resolution,…
13.05.15
Small business the focus of this year’s budget
The government has announced a series of initiatives to lower tax and compliance costs as part of their efforts to make running a business easier.
08.05.15
Business improves when bosses serve their staff
When running a business it is important to build a culture where employees feel their boss puts staff needs ahead of those of management. According to a recent study, companies with this style…
06.05.15
Succession plans vital to the life of a successful business
Having a succession plan in place for your companies will help you manage leadership transitions smoothly and is an essential part of running a business.
30.04.15
Technology investment by SMEs on the rise
Research by Robert Half has found that almost two thirds of Chief Information Officers (CIOs) are turning to technology recruitment to feed the demand of new projects. In turn, Chief Financial Officers (CFOs) are allocating…
27.04.15
Venturing into the realm of venture capital
Finessing communication skills and seeking custom legal advice can help start-ups develop a quality pitch for venture capitalists.
27.04.15
Latest CommSec report finds economic growth in the ACT
The recent April 2015 CommSec ‘State of the States’ quarterly report noted that the ACT ranks sixth in Australia in terms of its economy, however the state’s economic growth and output levels were 15.2 per…
24.04.15
3 considerations about a family SMSF
A central concern during succession planning in family businesses is whether adult children should be admitted into a self-managed super fund (SMSF). It is understandably a complex decision-making process, given that it impacts both…
23.04.15
Is your business equipped for a millennial workforce?
Millennials or Gen-Yers currently make up a large proportion of the workforce, with numbers expected to increase over the next few years. As individuals born between 1980 and 1995, millennials have a different set…
22.04.15
3 things businesses should know about the WHS Act
In the Australian Capital Territory, businesses must comply with the Work Health and Safety Act 2011. The definitions of ‘workplace’ and ‘worker’ are broad.
17.04.15
The importance of speeding full steam ahead with your business
In the current competitive global market, speed and innovation are the cogs for success. These tips can help your business succeed and steam ahead.
16.04.15
Harper Review recommends granting small businesses more legal power
The Australian government’s Competition Policy Review, also known as the Harper Review, released its final report on March 31. A key purpose of this review was to identify which regulations are restricting competition…
10.04.15
5 scenarios that may need a written loan agreement
Contractual loan agreements are the best way to legally bind the repayment of money. However, individuals often forgo drafting legal documents in situations when they are sourcing funding from family members, or using…
10.04.15
3 FAQs on changing a business structure
When considering a change to your business structure, consulting with expert commercial lawyers can help develop a plan best suited for the ongoing needs of your business. The following FAQs offer some guidance on the…
10.04.15
Putting the ‘pro’ in productivity: Tips for running a business
Increasing productivity in your workforce has wider reaching benefits on profit margins, employee engagement and company culture.
09.04.15
6 legal considerations for business directors facing insolvency
Business directors facing insolvency should be aware of these legal considerations. They include their duties, compensating creditors and managing bankruptcy.
01.04.15
Succession planning for family businesses
Family businesses can often struggle in a globally competitive market. The Harvard Business Review published in its January 2012 issue that approximately 70 per cent of American family-owned businesses fail before the second generation…
01.04.15
Changes applied to Privacy Act 1988: Transparency with customers now a priority
On March 12, work to update and change the Privacy Act 1988 commenced. The Office of the Australian Information Commissioner (OAIC) has made it their mission over the previous year to work with businesses,…
25.03.15
Start smart, smooth and strategic: Legal advice for starting a business
Business growth and profitability begins by starting strong. Seeking sound legal advice early can help prolong the success of a business.
18.03.15
Dot the i’s and cross the t’s: FAQs on legal documents for start-ups
Entrepreneurs from all walks of life begin their journey with a bright idea. Establishing a start-up takes courage and commitment, but no business strategy is complete without seeking legal advice. The process can…
18.03.15
5 ways the new Small Business and Family Enterprise Ombudsman can help
Five years after plans to form a Small Business Ombudsman were announced during the 2010 federal election, the government has released its draft legislation this month on March 11. Titled the Australian Small Business and…
12.03.15
3 trade mark tips to celebrate World Intellectual Property Day
World Intellectual Property Day falls next month on April 26, and to celebrate we are sharing some tips on how to protect your business using trade marks. If you are a start-up, you…
06.03.15
Don’t rush into selling your business
To sell your business quickly and smoothly, and for the highest possible price requires between 12 to 24 months of effort and planning to make the business “sale ready”. Listed below are some…
05.03.15
The importance of properly issuing a statutory demand
In the recent decision of In2Ply Pty Ltd v Amerind Pty Ltd (in liq) (recs and mgrs apptd) [2014] VSC 603 the Victorian Supreme Court set aside a creditor’s statutory demand because the…
05.02.15
3 forms of intellectual property for small businesses
As a business grows, they will need to take steps to protect their intellectual property (IP). However, with so many different facets to this legal area it is equally important to ensure that…
04.02.15
New rules proposed for employee share schemes
Start-ups will often find it harder to take on new staff members, especially when cash flow is tight and finding qualified workers is difficult. As a result, many smaller companies will consider implementing…
30.01.15
Succession planning an ongoing concern for companies
Succession planning is an area every company will need to undertake, especially for small businesses where every member of staff is taking on a number of different roles and responsibilities. However, succession planning…
23.01.15
What is involved with selling a business in the ACT?
Many business owners will reach a point where they have put in a lot of hard work into their business and have established their organisation within a given sector. At this point, owners…
21.01.15
3 things to consider when hiring employees
When your business has begun to grow, one of the most important steps for companies to take is to start hiring staff. For most businesses, their staff are the biggest investment, which makes…
11.12.14
Get your estate in order before you go away….
Christmas is a time that we reflect on the year gone by and celebrate with our family members. For some this can mean a get together at home or travelling overseas or interstate…
05.12.14
Insolvency Law Update: Insolvency Law Reform Bill 2014
In 2010, a Senate inquiry suggested that ASIC and AFSA should be combined into a new organisation in order to efficiently align corporate insolvency and bankruptcy processes and regulations. This movement toward a…
28.11.14
Why enterprise bargaining provides little benefit
For most Australian businesses enterprise bargaining is unwarranted because the Fair Work Act 2009 has removed the benefits of bargaining, imposes significant costs on those who bargain, and made bargaining an inferior option…
19.11.14
PPSR – Securing interests in commingled goods
In the past it has been difficult for a supplier to recover a product that, once delivered to the buyer, has been mixed in with other similar or identical products. Goods of this…
14.11.14
Unfair dismissal claim lodged one day late not accepted
In the recent decision Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149 the Full Bench confirmed that an unfair dismissal application lodged one day late would not be accepted for lodgement. The…
12.11.14
Legal costs in insolvency proceedings – the risks you need to consider
A major risk factor in instituting legal proceedings, for any claimant, is the risk of unrecovered legal fees. Unfortunately the cogs of the law tend to grind slowly and expensively and often even the…
06.11.14
Super and Self Managed Super Funds (SMSFs) – The importance of having a current Binding Death Benefit Nomination
Self Managed Super Funds (SMSF) are an increasingly popular form of retirement fund, and one of the fastest growing sectors. They offer a high level of flexibility and allow members a wider range…
31.10.14
Mr Fluffy – Is the ACT Government’s buy back scheme a viable option for the affected property owners?
On 28 October, the Federal Government announced it would provide a $1 billion concession loan to the ACT Government for its Loose Fill Asbestos Insulation Eradication Scheme. The 10 year loan is subject…
24.10.14
What are you really paying for? Commercial and retail leases – know your outgoings
In a lease for commercial or retail premises, rent is only one part of the tenant’s ongoing financial obligation. Additional costs called “outgoings” are usually passed on to the tenant by the landowner….
23.10.14
Getting Paid – The importance of properly issuing a creditor’s statutory demand
Two recent cases in NSW illustrates how the failure to comply with legislative requirements when issuing a statutory demand means that you, as a creditor, are highly unlikely to be able to get…
03.10.14
Natural justice in adjudication under the Security of Payment Act
Various iterations of the Building and Construction Security of Payment Act (“the Act”) operate in numerous states and territories providing a fast-paced and streamlined payment process for builders and other industry participants. Adjudication…
26.09.14
Employment Law Update: Implied Term of Mutual Trust and Confidence rejected by High Court
In the recent case of Commonwealth Bank of Australia v Barker [2014] HCA 32 the High Court overturned the earlier Federal Court decision that a term of mutual trust and confidence was implied…
19.09.14
Protecting yourself from phoenix companies in the building and construction industry
A prevalent phenomenon in the building and construction industry, the phoenix, is often a tool used by the “dodgy” end of town in order to avoid paying subcontractors and suppliers. Though not all…
05.09.14
Does your landlord own your business?
When you sell a business that’s run from leased premises, you need to be aware that your landlord has a say in whether the sale goes through or not. Once you have a…
28.08.14
What contractors and subcontractors need to know about recent changes to the Security of Payments Act 1999 (NSW)
Despite its ubiquity over the past 15 years the Building and Construction Industry Security of Payments Act 1999 (NSW) (“the Act”) has recently been amended by the New South Wales government in response…
20.08.14
Top Tips for Selling your house in the ACT
Following on from our previous article about buying a house in the ACT, this article provides some tips to help you ensure the sale of your house runs as smoothly as possible. Tip…
13.08.14
Recovering Overdue Accounts and Establishing Terms of Trade
Relationships between businesses are often based on two documents: the credit application and the terms of trade agreement. The information set out in these documents will affect how you will be able to…
05.08.14
Top Tips for Buying a House in the ACT
Buying a house is one of life’s major purchases. If not managed correctly it can become a prolonged and stressful process. In todays article we outline the things you can do to make…
25.07.14
Retention of Title under the PPSA – Considerations for Business
Every decade or so a law is introduced which dramatically shifts the operating paradigm of an industry. Not unlike the now ubiquitous Building and Construction Industry Security of Payments the Personal Property Securities…
04.07.14
IT Start Ups Tips and Traps. Part 3 – Solutions
In the 3rd and final part of this series we discuss the strategies available to reduce the risk of triggering undesirable tax consequences and ensure the flexible entry and exit of people involved. Governing…
27.06.14
IT Start-Ups Tips and Traps. Part 2 – Equity
In part 2 of this 3 part series we discuss the implications of issuing equity, a common way many IT Start-Ups pay for the services of programmers and experts. When starting out through…
19.06.14
IT Start-Ups Tips and Traps. Part 1
In this 3 part series we discuss the issues you need to consider when starting your IT business including: 1. Choosing the best business structure for your business 2. Issuing Equity 3.The strategies you…
11.04.14
Nothing left unsaid – why you should review your Will at each life stage
Your will is the full stop at the end of your life. It’s the document that expresses your wishes, acknowledges key relationships and can demonstrate a life of purpose and commitment to important…
21.03.14
Estate Planning for the Sandwich Generation
Sandwiched between the needs of elderly parents and dependent children, there’s a growing demographic facing a time when their parents and children will need them simultaneously. The combination of an ageing population, delayed…
14.03.14
Confidentially Speaking – protecting your Intellectual Property
Photo by Salvatore Vuono Changes in technology, a global economy and new business paradigms that encourage open innovation and community collaboration are seeing us move away from a focus on control to capturing…
06.02.14
Family Business Succession Planning and Governance Agreements – a plan for good and bad times
Family businesses are a significant and wealthy sector in the Australian economy, accounting for around 70% of all Australian businesses with an average turnover of $12 million per year. For many, the idea…
30.01.14
Selling Your Business? Make it a “going concern” please.
A “going concern” is an Australian Tax Office (“ATO”) invention that allows the sale of a business to be a GST-free transaction. It is always highly desirable to both buyer and seller in…
23.01.14
iPhone will found valid in QLD Supreme Court
Re: Yu [2013] QSC 322 A Will is a significant and powerful legal document and, for this reason, it must satisfy certain formal requirements: it must be a written document, signed at the…
15.01.14
Minimum Viable Legal Protection For Your Start Up
Money or the lack thereof is often a reason start-ups will take shortcuts when it comes to their legal affairs. Start-Ups put their businesses at risk by trying to cut costs by…
08.01.14
If you are not across the Personal Property Security Act 2009 (PPSA) then it is time to get up to speed.
The presumed compliance through the transition period will end on 30 January 2014. What is the PPSA and why should I know about it? The PPSA has been working as a register of…
06.12.13
Estate planning for the Christmas holidays
Christmas is a time that we reflect on the year gone by and celebrate with our family members. For some this can mean a get together at home or travelling overseas or interstate…
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