News & Alerts

The Personal Property Securities Act 2009 (PPSA) is now confirmed to commence on 30 January 2012. Set out below is some clarification of some of the more confusing issues raised with us in recent months

Stephen Booth, Principal of Coleman Greig and author of ‘When I’m Gone’ talks on ABC Sydney Radio about how to make sure your family is taken care of.

Key employees are a vital component of any business, however, uncertainty about employee entitlements and redundancies on the transfer of a business can create issues. If you get it wrong, there can be unexpected costs!

From the number of queries we have received, and the number of media alerts published on the Department’s website, it is evident that the Department of Fair Trading has stepped up its activity in monitoring a number of different industries for compliance with the Act.

The Principals of Coleman Greig Lawyers are pleased to advise that, effective 9 January 2012, we will acquire the Parramatta -based legal firm Robilliard & Robilliard.

Many commercial disputes arise when businesses rely on agreements that have not been sufficiently documented, or worse, not made in writing at all! A recent case arising out of the Supreme Court is a clear example of the dangers of non-documentation – and the problems it can create...

Some strategies employed during contractual negotiations may not be the best in the long term. A recent case in the Supreme Court highlights the need to think carefully about how you approach things!

The PPSA, or its Registration Commencement Time (RCT), was expected to kick off on 31 October 2011 and we all waited with bated breath for this to occur. 31 October 2011 has come and gone, so where are we now?

Back in 2008 Australia was said to have been the first country in the world to allow a party to serve court documents via Facebook, but has this finding created a precedent? Find out more.

Susan Warda and Liz Giblett were at the winners table at the Telstra Business Women's Awards on Friday night in Melbourne.

From 1 July 2011 Repair Notices must be provided to consumers prior to accepting goods to repair.

From 1 January 2011 a new system of "consumer guarantees" (including acceptable quality, and fitness for a disclosed purpose), with standard conditions applying nation-wide came into force.

New requirements for warranties against defects will come into effect from 1 January 2012.

The new Competition and Consumer Act 2010 (CCA) came into effect on 1 January this year, replacing the Trade Practices Act.

We are thrilled to announce that our 15th Annual Charity Golf Day has raised $81,879 for St. Gabriel's School, which exists to provide a caring and challenging education for students with hearing impairments and other special needs and to support its families in developing their children's skills and understanding of life in true partnership.

The Franchising Code of Conduct (“the Code”) is a mandatory industry code prescribed under section 51AD of the Competition and Consumer Act 2010 (“the Act”). Its purpose is to regulate the conduct between participants in franchising.

In the current economic climate, we are seeing more than ever before a number of breaches by Franchisees of their obligations under their Franchise Agreements. Unfortunately, it is a very difficult time for many businesses and a number of franchisees are finding themselves struggling financially and unable to meet their obligations.

who are they and what do they do? The National Franchisee Coalition (NFC) is a representative group of Australian Franchisees who have formed what they call a ‘cohesive alliance’ with an aim to achieve better legislative protection for franchisees by adding good faith dealings provisions to franchising laws.

Financial hardship and family law The global financial crisis (GFC) has been difficult for businesses, families and individuals around the world. Whilst Australia has largely escaped much of the financial hardship that other countries have seen to date, we are still being warned that a further economic downturn is likely in the near future.

The family Law team at Coleman Greig Lawyers is highly regarded within the legal profession for the level of expertise and knowledge we have in this increasingly complicated area of law.

Even though the Goods and Services Tax (‘GST’) was introduced over 10 years ago, the ‘going concern’ exemption still causes some confusion amongst parties in a sale of a business transaction.

As a Creditor, once you have obtained Judgment against a debtor, there are a number of ways with which you can enforce the payment of that Judgment. One of them is the garnishee Order.

At Coleman Greig, we are often asked by clients “What is the difference between licensing and franchising?” Generally speaking, licensing and franchising both deal with the selling of certain intellectual properties to third parties such as software, trademark, or a business process. Franchising however has a greater deal of control by the franchisor than a licence.

It is crucial that ALL businesses are prepared for the impact of the new single national system for the registration of security interests in personal property. See our check list to determine to what extent your business will be affected.

There have been an increasing number of reported cases of conveyancing fraud across Australia in recent years and legislation requires updating to try and reduce the risk to both property purchasers and mortgagees.

A recent decision in the NSW Court of Appeal (World Best Holdings v Sarker (2010)) highlighted some of the issues that landlords need to be aware of when negotiating and fulfilling retail leases.

In our recent Coleman Greig Employment Law workshops, we have commented on the Norske Skog case, in which an employee who disobeyed safety directions was nevertheless reinstated because the termination was harsh in all the circumstances (particularly because the employee had a good record and would be severely personally disadvantaged by losing his job).

Regardless of whether it is a parenting or property dispute, the Federal Magistrates Court expects that even represented parties will attend all court events to provide instructions. It also expects that anybody appearing, whether as solicitor on the record or as agent, will have a sufficient understanding of the matter. What details do you need to know, or brief an agent on, before the first return date?

When disciplining employees, you need to ensure that you are not reacting to an employee exercising their workplace rights. Two recent cases highlight the existence of what can sometimes be a ‘blurry’ line.....

Recent changes to the Migration Act and regulations regarding overseas employees and visas might affect your business and your ability to employ international candidates.

As an employer, what are your rights and obligations when faced with a request from the union for access to your premises and your employees?

From 1 October 2011, parties involved in disputes that have the potential to end up in Court will be required to show that they have attempted to resolve their dispute (or at least attempted to ‘narrow’ it down) before entering into civil proceedings.

The world is now watching as the result of High Court proceedings in the case of Roadshow vs iiNet may shed even more light on the complex issue of copyright infringement in Australia and overseas.

Everyone is looking for a “magic bullet” that will guarantee a quick payment and, for many creditors, the lure of the Statutory Demand is a strong one! As a creditor, you need to be careful that the Demand does not become a double-edged sword...

Are you a contractor in the building and construction industry, or one offering related goods and services in NSW? If you are, then read how the recent amendments to the Building and Construction Industry Security of Payment Act 1999 NSW (the “Act”) may affect you!

As the end of financial year draws near, there are a few employment law related things to bear in mind, and get in order if need be, to be well and truly ready for 1 July.

UWS graduates Racha Abboud and Anna Ford, having been through the cadetship program, have worked at Coleman Greig for over ten years and as a result of their contributions to the firm and wider community, they have been appointed Associates of the firm.

Employers need to be aware that the risk of sexual harassment or discrimination claims has increased significantly... and it doesn’t have to be about “mega-dollar” claims to be a problem!

Fair Work Australia has upheld a termination decision in a case involving an employee who lied about the reason for taking leave. What can you do if you suspect dishonesty in the workplace

Over 200 successful business women attended the latest Coleman Greig Women in Business Lunch on Friday 3rd June, 2011 at Parkroyal Parramatta to hear a live panel discussion with special guests Jessica Rowe, Karen Ledbury, and Danielle Robertson on the topic Women Making a Difference.

Section 75(2) of the Family Law Act serves a dual purpose: it is used both to evaluate a party’s needs for the purposes of determining maintenance claims, and for the purposes of fine-tuning a property settlement under s 79.

Is the only way of protecting a client’s rights to matrimonial real property to race off and seek injunctive relief from a Court exercising jurisdiction under the Act? It seems not...

We are proud to announce that Coleman Greig is the first law firm in New South Wales to be recognised for our significant environmental achievement, by attaining Silver partner as a part of the NSW Government Sustainability Advantage Program.

A recent review by the Fair Work Ombudsman trumps the provisions of many modern awards with regard to the payment of leave loading on termination.

How do you determine whether a tenant has parted with possession of the premises? Australia Post has been found in breach of a lease for setting up a subsidiary company in one of its premises.

The Residential Tenancies Act and Regulation both came into force as from 31 January 2011 and apply to all residential tenancies in New South Wales. As a landlord or tenant, make sure you know how the changes will affect you...

Watch this short film following the true life story of one couple as they proceed through their own collaborative divorce – a relatively new approach to resolving family law disputes without having to go to court.

An elderly person may often elect to reside with family and/or friends as an alternative to living in an Aged Care Facility. The decision to do this however should not be taken lightly and all of the people concerned should be involved in the decision-making process to avoid potential pitfalls.

Part 3 in the series on commercial leasing by Andrew Grima focuses on how the lease can come to an end, the consequences associated with ending a lease and what you need to consider in such circumstances. Essential reading for all tenants and landlords!

Coleman Greig Principal Susan Warda (accredited family law specialist and trained collaborative lawyer) receives exclusive invitation to join Attorney General at Parliament House for the launch of the Australian Collaborative Practice Guidelines for Lawyers. These new guidelines will have a significant impact on the effectiveness of collaborative family law, a process of dispute resolution designed to assist clients reach solutions without the need to go to court.

A recent amendment to the Family Law Act has retrospectively validated decisions made regarding parenting orders that were deemed ‘at risk’ following the High Court decision in Rosa’s case. Why were they at risk in the first place? It was a question of jurisdiction!

Numerous myths and misconceptions abound regarding the division of property in family law settlements. The truth is, your client will need hard evidence of their initial contributions if they want the Court to take into account what they “brought” to the relationship!

All consumer goods provided after 1 January 2011 will be subject to the new Australian Consumer Law. As a business you will need to ensure that all of your contracts, warranties, guarantees and reporting systems are compliant – are you sure you comply?

The Council of Australian Governments (COAG) this week announced that it had agreed to defer the commencement date for Personal Property Securities (PPS) reform from May 2011 to October 2011 in response to requests from industry to enable more time to prepare for changes.

As we launch into 2011, paid parental leave is a popular topic of conversation around the office water cooler. From 1 January 2011, Australia’s first national paid parental leave scheme will start. But what does this mean for employers?

Part 6 - Parents sometimes have the idea that they would like one of their children to take over the management of the family business from them.

If there’s no money in trust and no security over property, just what rights do practitioners have in the fruits of their labour when a client changes lawyers mid-way through a case?

When co-tenants are involved in a family dispute and an AVO has been made, Section 79 of the new Act (which will come into effect in late 2010) may allow tenancy arrangements to be changed or even terminated – but under what conditions?

How can you ensure your client is treated fairly in the event of a family breakdown and subsequent financial settlement? This article reviews the way in which financial contributions to a relationship are assessed and how you can help your client with their disclosure obligations.

Part 1 - Succession in family business needs consideration of every part of the business and proper planning for the transition of each component of the business that contributed to its success. The first consideration is: Business Leadership.

Part 2 - The first generation owners of businesses started in business for a variety of different reasons and from a variety of differing circumstances. It is not possible to generalise about the first generation family business owner. There are however, some characteristics that we can regard as typical for these businesses.

part 3 - The first generation family business owner sets the example for others to follow. We all have different capabilities and characteristics of behaviour. Those capabilities result from our genes, the manner in which we have been brought up, our schooling, the people with whom we associate.

Part 4 - Choosing a successor for your business doesn’t always mean choosing someone like you or even someone you like. It entails choosing someone who is not only ready for the job but also has the respect of key team members and other stakeholders and be able to guide the company into a planned future.

Part 5 - The issue of succession planning for family businesses is critical. In fact, research shows that more than 65% of family businesses fail in the hands of the second generation, and another 20% fail when the business passes to the third generation.

Debt Recovery Options limited by Bankruptcy Reform

Don’t want to go to Court? Try “Collaborative Family Law” Starting a relationship in a step-family? Some tips to deal with the transition

Clarity in pricing: Trade Practices Act amendments mean the price has to be right! Planning for the future: Protect your estate Identification of Mortgagors Family Court now deals with De Facto relationships Deposit Instalment Clauses in Contracts for Sale: Do they provide adequate protection?

High Court confirms the Family Court’s broad powers in relation to Trusts De Facto Amendments now in force Amendments to Provisions regarding Binding Financial Agreements