COVID-19 Updates: Read our blog for useful informaton about commercial, employment and family law issues.

  • What Does My Cost Order Mean?
    Posted by Harkiran Kaur on 1 Apr 2020
    In civil litigation, the wording of an order for costs is important and determines what costs are payable and by whom. In this article, Lawyer, Harkiran Kaur breaks down the meaning of some of these common orders.
  • Some welcome breathing space for Discretionary Trusts
    Posted by Rosemary Carreras on 30 Mar 2020
    The objectors’ voices have been heard and we now have a more accommodating Bill, State Revenue Further Amendment Bill 2020 (NSW) (“the 2020 Bill”) awaiting Royal assent which Principal Lawyer Rosemary Carreras explains in more detail.
  • Coleman Greig Lawyers supports The Westmead Institute for Medical Research
    Posted by Warrick McLean on 29 Mar 2020
    Coleman Greig Lawyers have partnered with The Westmead Institute for Medical Research (WIMR) to provide ongoing pro-bono legal services with respect to their Gifts in Wills program and will assist those wishing to make bequests to the Institute.
  • Key Rules for Creating Trusts that Work when Needed
    Posted by Dung Lam on 25 Mar 2020
    Family or discretionary trusts are good for tax planning and asset preservation, but there is so much more to them. In this article, Tax Team Leader Dung Lam outlines the key rules you need to know to ensure that your trust will function in the way that you want it to.
  • Why a Coleman Greig Lawyers Child Maintenance Trust?
    Posted by Dung Lam on 25 Mar 2020
    Coleman Greig can work with you to establish a Child Maintenance Trust that offers tax benefits to both the parent making maintenance payments and the family receiving maintenance payments. In this article, Tax Team Leader Dung Lam outlines what you need to consider when establishing a Child Maintenance Trust.
  • Delivery of Client Service
    Posted by Warrick McLean on 19 Mar 2020
    As the situation with COVID-19 continues to evolve, we want to reassure you that the firm is fully resourced to support and service our clients.
  • Former car wash franchisor Geowash fined $4.2 million in penalties!
    Posted by Catherine Sedgley on 10 Mar 2020
    As a franchisor, do you always follow the code? Senior Associate Catherine Sedgley outlines what went so wrong for Geowash and what you need to be aware of when communicating with prospective franchisees.
  • Be Informed: 10 terms a franchisee should look for in their franchise agreement
    Posted by Catherine Sedgley on 10 Mar 2020
    When purchasing a franchise, franchisees should take the time to read through the franchise agreement and the franchisor’s disclosure document. In this article, Senior Associate Catherine Sedgley outlines the 10 terms a franchisee should look for in their franchise agreement.
  • Rent Increases and Refurbishments in a Franchising Agreement: What are your rights?
    Posted by Andrew Grima on 10 Mar 2020
    Principal Lawyer Andrew Grima outlines the importance of both franchisees and franchisors understanding their rights, particularly when it comes to essential terms such as increases in rent and refurbishment costs.
  • Can a Purchaser recover their Deposit?
    Posted by Aidan Williams on 3 Mar 2020
    In this article, Associate Aidan Williams outlines the key legislation that supports the repayment of deposits made.
  • Combatting Illegal Phoenix Activity: Putting the fires out one Phoenix at a time
    Posted by Malcolm Campbell on 3 Mar 2020
    On 5 February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (the ‘Bill’) was finally passed by both Houses of Parliament. The Bill (awaiting Royal assent) introduces mechanisms to discourage illegal Phoenix activity and punish those facilitating such activity. In this article, Principal Lawyer Malcolm Campbell outlines the proposed amendments.
  • Corporate Insolvency: Setting aside or terminating a winding up order
    Posted by Maria Yum on 2 Mar 2020
    Associate Maria Yum addresses how a winding up order can be brought to an end by the Court – either via a court application to have the winding up order set aside or a court application to have the winding up order stayed or terminated.
  • Global economy impacts Western Sydney businesses
    Posted by Warrick McLean on 28 Feb 2020
    Over 300 business professionals attended two Coleman Greig Economic Forums in Western Sydney this week to hear about the current factors that are impacting the Australian economy and what we can expect to see as we move through 2020.
  • Resident V Non-Resident Tax Status - Why Should I Care?
    Posted by Dung Lam, Annelise Jeromela on 24 Feb 2020
    Australia taxes you differently depending on whether you are an Australian tax resident or a non-resident. In our latest tax article, Tax Team Leader Dung Lam and Lawyer Annelise Jeromela explain what the tax planning opportunities and pitfalls are when you change your tax residency.
  • Principal Lawyer Emma Macfarlane Recognised as 2020 Campbelltown Citizen of the Year
    Posted by Warrick McLean on 5 Feb 2020
    Coleman Greig is proud to announce that Principal Lawyer Emma Macfarlane was named 2020 Campbelltown Citizen of the Year on the 26 January 2020 at Campbelltown Council’s Australia Day civic ceremony.
  • Abandonment of Employment - can you fire an employee for not showing up to work?
    Posted by Stephen Booth on 4 Feb 2020
    From time to time an employer has an employee who fails to attend work for one or more days, with no communication or reason given. In this article, Principal Lawyer Stephen Booth outlines what your rights are as an employer when it comes to employees not showing up to work.
  • How to sponsor someone who is currently on a Working Holiday Visa
    Posted by Lisa Qiu on 3 Feb 2020
    It can be hard and time consuming trying to find the right person for a role. What if the perfect person for the role is on a Working Holiday Visa that is due to expire? Read on to find out what you can do to extend the worker's employment in Australia.
  • The Underpayment Scandals continue
    Posted by Shanni Zoeller on 31 Jan 2020
    Underpayments are at the top of many people’s minds, especially the Ombudsman. In this article, Lawyer Shanni Zoeller advises how your company can avoid making the headlines.
  • Women in Business rally for their men and raise over $6,000 for Movember
    Posted by Caroline Hutchinson on 6 Dec 2019
    On Friday, 29 November the Coleman Greig Women in Business community gathered at Rydges Hotel, Norwest in support of men’s health and raised over $6,000 for Movember!
  • Parental Leave Entitlements: the cost of getting it wrong and how not to
    Posted by Shanni Zoeller on 3 Dec 2019
    In this article, Lawyer Shanni Zoeller discusses all you need to know regarding parental leave entitlements including notice period, unpaid special maternity leave, evidence requirements and replacement employees.
  • Woolworths & the cost of workplace flexibility
    Posted by Dominic Russell on 3 Dec 2019
    Unlike the 7-Eleven style exploitation cases, Woolworth's fell foul of the Award due to some of their full-time salaried employees being paid an ‘all up rate’. In this article, Senior Associate Dominic Russell explains what actually happened.
  • Sponsoring someone on a TSS visa – all you need to know about the hiring and the firing
    Posted by Lisa Qiu on 3 Dec 2019
    In this article, Employment Lawyer and Registered Migration agent, Lisa Qiu outlines what is involved in sponsoring, hiring or firing someone on a TSS (Temporary Skill Shortage) visa.
  • Coleman Greig Lawyers & Argyle Lawyers Integration – 2 December 2019
    Posted by Warrick McLean on 2 Dec 2019
    Coleman Greig Lawyers is delighted to announce an integration with specialist law firm Argyle Lawyers, effective 2 December 2019. The integrated Coleman Greig will now offer expertise in Federal, State and International tax advice, negotiation and risk management, as well as superannuation and trusts.
  • What happens when an Accountant is served with a subpoena in family law proceedings?
    Posted by Anna D’Addona, Danielle Borg on 26 Nov 2019
    Where a party has not provided full and frank disclosure of their financial affairs in family law proceedings, a way to obtain these financial documents is for a party to serve a subpoena. In this article, Senior Associate Anna D'Addona and Lawyer Danielle Borg outline what accountants need to do if served with a subpoena.
  • The implications of the State Revenue Further Amendment Bill 2019 (NSW) on testamentary discretionary trusts
    Posted by Rosemary Carreras on 26 Nov 2019
    Principal Lawyer Rosemary Carreras advises with the impending changes to surcharge duty and land tax, clients with Wills incorporating testamentary trusts should consider making amendments prior to 31 December 2019 and definitely no later than the date which is 2 years from when the new law comes into effect.
  • Payroll Tax Grouping Provisions
    Posted by Krishneel Nath, Harkiran Kaur on 26 Nov 2019
    Grouping provisions under the Payroll Taxation Act are often misunderstood. In this article, Senior Associate Krishneel Nath and Lawyer Harkiran Kaur explain Payroll Tax Grouping Provisions in simple terms.
  • Purchasing OFF-THE-PLAN Apartments - the right way
    Posted by Ashlee Brew, Barbara Shafton on 26 Nov 2019
    If you or a client is thinking about purchasing an off-the-plan apartment, you need to read this article written by Lawyer Ashlee Brew and Licensed Conveyancer Barbara Shafton, on how to best handle the common difficulties that often arise when purchasing off-the-plan.
  • Is your discretionary trust liable for surcharge duty and land tax?
    Posted by Peter Stewart on 25 Nov 2019
    There is currently a bill before the NSW parliament that deems all discretionary/family trusts to be ‘foreign persons’. If your trust holds or is likely to hold residential land and it has not been amended to exclude foreign beneficiaries, you should discuss this with Coleman Greig’s Commercial Advice team, as a matter of urgency.
  • Is Greed ever Good? Unpacking Parts of the Banking Royal Commission
    Posted by Michael Adams on 11 Nov 2019
    Professor Michael Adams, Head of UNE Law School unpacks the details of the Banking Royal Commission.
  • Can Litigation be used as a Business Investment to Resolve Disputes?
    Posted by Caroline Hutchinson on 11 Nov 2019
    Sometimes you should fight for what is right. In this article, Principal/Director Caroline Hutchinson explains how and when litigation can viewed as a business investment, which can have a number of positives outcomes that you may not have previously considered.
  • Incorporating Contract Terms – one way to make Max Mad
    Posted by Rebecca Hegarty on 11 Nov 2019
    When entering into any type of contract, the last thing that either party wants is a ‘contractual surprise’. Principal Lawyer Rebecca Hegarty, discusses the case of Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd.
  • Coleman Greig to host the 2019 First Law International Asia-Pacific Regional Conference – for the first time in Australia!
    Posted by Warrick McLean on 1 Nov 2019
    Coleman Greig is the only Australian member firm of First Law International, which is an elite global network, made up of over 75 independent full-service, high quality law firms who connect clients globally.
  • Top 3 Excuses for not having a Will and why you should
    Posted by Karina Penfold on 21 Oct 2019
    Did you know that Pablo Picasso, Abraham Lincoln, Martin Luther King Jr, Jimi Hendrix, Michael Jackson and Prince all died without a Will? You might be thinking if such high profile and net worth people didn’t have a Will, you too may be excused from making one, but that’s incorrect. You should have a Will and continuously review it.
  • How will the Court divide my assets following separation?
    Posted by Jacob Smith, Nicole Pearce on 21 Oct 2019
    If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required.
  • Proposed Reforms to Exit Entitlements and Recurrent Charges for Retirement Village Residents
    Posted by Dean Claughton on 21 Oct 2019
    In February this year we informed you about changes to the retirement village legislation that took place on 1 July. The two key proposed reforms involve exit entitlements and recurrent charges rules. These reforms aim to lessen the financial burden for residents wishing to leave their retirement village premises.
  • ACCC Report on Franchising Disclosure Practices
    Posted by Catherine Sedgley on 11 Oct 2019
    The ACCC recently released a Disclosure practices in food franchising report, following it, undertaking targeted compliance checks on twelve different franchisors in the food services sector, due to concerns that prospective franchisees were not being provided with adequate disclosure.
  • Creative Compliance: Franchisees Working with the Fair Work Ombudsman
    Posted by Stephen Booth on 11 Oct 2019
    Foodco have recently worked creatively with the Fair Work Ombudsman to achieve system wide compliance within its franchise network.
  • Franchise Agreement and Disclosure Update 2019-20
    Posted by Catherine Sedgley on 11 Oct 2019
    Franchisors cannot recruit franchisees without an updated Disclosure Document, so it’s important that franchisors are aware of this update.
  • The Three Pillars of Good Corporate Governance
    Posted by Michael Adams on 1 Oct 2019
    Professor Michael A Adams has developed a theory called The Three Pillars of Good Corporate Governance that focuses on three key areas: Corporate Governance, Due Diligence and Compliance Programs.
  • Coleman Greig is a Finalist in the 2019 Women in Law Awards
    Posted by Warrick McLean on 30 Sep 2019
    Coleman Greig is thrilled to announce that the firm is a finalist for this year’s Lawyers Weekly Women in Law Awards, for Diversity Law Firm of the Year.
  • Can an employee be sacked via text message?
    Posted by Shanni Zoeller on 24 Sep 2019
    Can an employer ever sack an employee by text message or other digital means such as email? Recently The Fair Work Commission has shed some light on this issue with some recent decisions.
  • Are employee claims always crystal clear? If not…what do you do?
    Posted by Shanni Zoeller on 24 Sep 2019
    When an employee makes a claim against their employer, you should know exactly what the claim is, the evidence they intend to rely on and the remedy or outcome they seek. This article discusses what to do if these things aren’t clear, citing the case of Haque v Jabella Group.
  • Can employers legally collect and store employees’ sensitive data?
    Posted by Stephen Booth on 24 Sep 2019
    Ever wondered if your employer is storing your personal data and information? A recent decision by the Fair Work Commission Full Bench has analysed closely whether employers can legally collect and store their employees’ data.
  • Are employers required to pay redundancy if the job is no longer required as a result of the “ordinary and customary turnover of labour”?
    Posted by Lisa Qiu on 24 Sep 2019
    This article outlines how much redundancy an employer is obligated to pay and what exceptions there might be to paying redundancy when an employer terminates an employee's employment contract.
  • Coleman Greig Recognised for Achievements in Advancing Women in Law
    Posted by Warrick McLean on 26 Aug 2019
    Coleman Greig was announced as Outstanding Law Firm of the Year at the Women Lawyers Association of NSW Awards on Friday 23 August, 2019.
  • Women in Business Band Together to Prevent Violence Against Women
    Posted on 22 Aug 2019
    Former Senator and leader of the Australian Democrats, Natasha Stott Despoja AO, joined guests at a Coleman Greig Women in Business event on Friday, 16 August 2019 to share her career highlights with guests, including the work she has undertaken to help prevent violence against women.
  • Is it a Bird…Is it a Plane…No, it’s the ACCC – Protecting Consumers from False and Misleading Claims in Advertising
    Posted by Catherine Sedgley on 13 Aug 2019
    In the last 12 months, the ACCC has initiated proceedings against a number of well-known Australian and international businesses in relation to claims made in advertisements and the promotion of the goods and services offered by these companies. This article examines the decisions of some of these cases as well as some actions that have recently been initiated by the ACCC.
  • New Penalties Recommended for Privacy Infringements
    Posted by Hyun Shin on 13 Aug 2019
    The ACCC recently released its Digital Platforms Inquiry which, although focused on the impact of digital platforms (Google and Facebook) on competition in the media and advertising markets, also touched upon privacy-related issues. Amongst the recommendations, they included the strengthening of protections in the Privacy Act and the privacy law regime in general.
  • New Appointments for Coleman Greig's Professional Team
    Posted by Warrick McLean on 13 Aug 2019
    Coleman Greig Lawyers is pleased to announce the recent promotion of seven talented and highly deserving members of Coleman Greig’s professional staff.
  • Responsibilities of the Newly Established Franchising Taskforce
    Posted by Catherine Sedgley on 29 Jul 2019
    The Morrison Government has formed an inter-agency "franchising taskforce" in response to recommendations made by the Parliamentary Joint Committee on Corporations and Financial Services in its report into the franchising sector.
  • Selling Your Franchise or Offloading Your Company Store – Can Your Landlord Block an Assignment of Lease?
    Posted by Andrew Grima on 29 Jul 2019
    The case of Bar Machiavelli Pty Ltd provides useful guidance regarding an assignment of lease if you’re thinking of selling your franchise or offloading a company owned store.
  • Old Enterprise Agreements and Class Actions: Danger! Danger! Warning Warning!
    Posted by Shanni Zoeller on 24 Jul 2019
    Underpayments arising from misapplied or outdated enterprise agreements are a fertile field for class actions. If you identify a discrepancy in an employee’s wages you should immediately rectify it.
  • Rental Valuations – Critical in a Time of Tight Credit and Increasing Banking KPIs
    Posted by Andrew Grima on 23 Jul 2019
    If you are a landlord that has a property portfolio financed, you can expect that your financier will look closely at rental returns. Consequently, it is critical to carefully consider the basis on which your rent is being determined and the circumstances in which valuations can be challenged. 
  • Asset Rich and Cash Poor – What are the options for our ageing population?
    Posted by Karina Penfold on 23 Jul 2019
    Asset rich and cash poor is a common position amongst our ageing population. This article outlines the possible options for someone who is asset rich and cash poor but needs or wants to access liquid funds, or can no longer stay in the family home.
  • CBD-Style Legal Services Now on the Doorstep for Campbelltown-Macarthur Residents
    Posted by Warrick McLean on 23 Jul 2019
    Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
  • Coleman Greig is a Finalist in the 2019 Women Lawyers Association of NSW Awards
    Posted by Warrick McLean on 22 Jul 2019
    Coleman Greig is thrilled to announce that the firm is a Finalist in this year's Women Lawyers Association of NSW Awards for Outstanding Law Firm of the Year.
  • Coleman Greig Announced as Finalist in Australian Law Awards
    Posted by Warrick McLean on 3 Jul 2019
    Coleman Greig is proud to announce that we have been selected as a finalist in two separate categories in the 2019 Lawyers Weekly Australian Law Awards: Boutique Law Firm of the Year and Wellness Initiative of the Year!
  • Offensive Language Within the Workplace: When Does it Cross the Line?
    Posted by Shanni Zoeller on 26 Jun 2019
    An employee who swears will not always give an employer grounds for termination, although swearing coupled with the additional ingredients of intimidating, aggressive or threatening conduct or actions towards another employee may be a risk to the health and safety of that employee, or indeed constitute a breach of either workplace harassment policies or a code of conduct.
  • Australia's Immigration Policy: What can Australian Businesses Expect?
    Posted by Lisa Qiu on 26 Jun 2019
    Australia's immigration intake was an unsurprisingly hot topic throughout the recent election campaign period, and now that Scott Morrison's Coalition government has emerged victorious, the Australian public has been left asking the question: "what should we expect Australia's immigration policy to look like?".  
  • Employment Law Changes for the 2019-20 New Financial Year
    Posted by Stephen Booth on 26 Jun 2019
    We are about to step into a new financial year, which means that numerous reference points relevant to employment law will alter due to annual indexation and changes to the law.
  • Out of Work Employee Conduct vs Internal Codes of Conduct: The Cases of Israel Folau and Jack de Belin
    Posted by Stephen Booth on 26 Jun 2019
    Recent cases involving Jack de Belin and Israel Folau have cast some interesting light on some of the issues that arise when an employer finds an employee engaging in out-of-work hours conduct that infringes on a code of conduct, and wants to enforce the code or policy.
  • End of Financial Year Checklist
    Posted by Andrew Grima, Rebecca Hegarty, Peter Stewart on 17 Jun 2019
    As the new financial year approaches take some time and review those key aspects of your business to ensure a successful year ahead.
  • Burial or Cremation – Who Ultimately Decides?
    Posted by Rosemary Carreras on 13 Jun 2019
    Typically, one question tends to arise during the period immediately following someone's death: "who is responsible for disposing of the deceased's body?" - with this often being accompanied by another question; "how will the deceased's remains be disposed of?" If the deceased made a Will, the answer to the "who" question is found in the case of Smith v Tamworth City Council and Ors [1997] NSW 197.  The person named as an Executor within the deceased's Will is responsible for administering the deceased's estate and holds the responsibility of deciding how to dispose of the deceased's remains.
  • How to Co-parent After a Separation
    Posted by Megan Day on 13 Jun 2019
    It is crucial for parties to parenting disputes to understand that if deep-seeded emotions and criticisms of others sit at the forefront, co-parenting can become an extremely difficult process - not just for the parents, but for the children - who all too often get swept up in proceedings.
  • What Will The Coalition’s First Home Buyer Deposit Scheme Cost You?
    Posted by Dean Claughton, Stephanie Lynch on 13 Jun 2019
    Australia’s housing affordability problem is complex and requires immediate attention. However, as is generally the case, the pre-election promises of politicians should be taken with a grain of salt – and with this in mind, it is important for the proposed scheme to be carefully examined.
  • Coleman Greig’s Malcolm Gittoes-Caesar Wins 2019 Family Law Partner of the Year
    Posted by Warrick McLean on 11 Jun 2019
    Coleman Greig Principal Director and head of Western Sydney's leading Family Law team, Malcolm Gittoes-Caesar, has been presented with the Lawyers Weekly 2019 Family Law Partner of the Year award, at a black-tie ceremony held on Thursday 30 May at The Star in Sydney.
  • Coleman Greig Officially Opens Third Office in Penrith CBD
    Posted by Warrick McLean on 3 Jun 2019
    Western Sydney's leading law firm, Coleman Greig Lawyers has opened its third full-service office within the Greater Sydney region, at 121 Henry Street, Penrith.  The state-of-the-art office will house a team of experienced lawyers and support staff dedicated to providing a full range of CBD-style legal services to clients across the Nepean region.
  • Western Sydney’s Affordable Housing Stress: How do we solve this complex problem?
    Posted by Stephanie Lynch on 14 May 2019
    While Governments throughout Australia have been attempting to tackle the issue of housing affordability for years, the recently released 'Home In Western Sydney Housing Affordability and Homelessness Insights April 2019' report leaves us in no doubt that there is a real need for Western Sydney to put this issue at the forefront.  
  • Getting your Business Ready for Sale
    Posted by Rebecca Hegarty, Peter Stewart on 14 May 2019
    A business owner might look towards selling their business for a variety of reasons. The choice might be triggered by an expression of interest, or simply a decision based on the ripeness of the market.  Sometimes, the sale is forced on a business owner due to circumstances outside their control or having come out of a dispute between business partners.  To get the most value for your business, it is important to conduct due diligence in order to ensure that it is ready for sale. This article outlines Coleman Greig's top 5 tips for getting your business 'sale ready'.
  • Preventing and Resolving Software Implementation Disputes
    Posted by Mario Rashid-Ring on 14 May 2019
    Conflicts often arise between businesses and the providers of their software solutions. Unfortunately, what often follows is that the software implementations are stalled and delayed, there are losses to productivity, wasted expenditure on investment, significant legal fees, and unfulfilled expectations and disappointment on both sides of the fence.
  • Coleman Greig Lawyers and Dooley & Associates Solicitors Amalgamate
    Posted by Warrick McLean on 14 May 2019
    Coleman Greig Lawyers is delighted to announce an amalgamation with North-Parramatta’s highly-respected Dooley & Associates Solicitors, effective 1 July 2019.
  • Single Experts in Family Court Property Disputes – What you need to know
    Posted by Anna D’Addona, Danielle Borg on 3 Apr 2019
    If you are appointed as a single expert in a property matter being dealt with in the Family Court of Australia, it is important that you read and understand the relevant provisions which govern your appointment.
  • A tax law win for Aussie expats: Full Federal Court clarifies tax residency rules
    Posted by Emma Macfarlane on 3 Apr 2019
    When a person maintains a home in Australia but lives and works in another country, it can often complicate the assessment of their status as a tax payer. A recent decision by the Full Federal Court has now made it easier for Australians living and working overseas to prove they are no longer tax residents of Australia.
  • Claiming Executor’s Commission
    Posted by Rosemary Carreras on 3 Apr 2019
    Whilst many of our clients appoint their own children as their Executors - in circumstances where they are looking for an impartial voice, or the will maker is concerned that their family members lack the qualifications directly relevant to the task at hand, people often turn to trusted professional advisors such as accountants, financial planners or lawyers to have them act as their legal personal representative.
  • Have you got what it takes to manage an ill or injured worker?
    Posted by Shanni Zoeller on 25 Mar 2019
    Employers managing ill or injured employees have many legal obligations imposed on them, ranging from those under the work health and safety, anti-discrimination and equal opportunity legislation, as well the Fair Work Act 2009 (Cth).
  • Immigration and the NSW Election – what it means for business
    Posted by Lisa Qiu on 25 Mar 2019
    The recent state election has brought with it an increased focus on immigration.  While immigration is usually an area regulated by the Federal government, NSW Premier Gladys Berejiklian has made it a state issue by bringing to the forefront the impact that immigration could potentially have on NSW public infrastructure and housing prices.
  • Key legal considerations to be aware of if you are thinking of making a position redundant
    Posted by Anna Ford on 25 Mar 2019
    The term "redundancy" in an employment context refers to a situation when an employer no longer requires the role that the relevant employee(s) has/have been performing to be performed.  The focus is the job, or the removal of the particular position from the company personnel structure, so it is important to keep in mind that it is quite possible for a redundancy to arise even in circumstances where the duties of a particular position are reallocated to other existing or remaining employees.
  • How the Franchising Senate Committee Report is set to affect the world of Leasing
    Posted by Andrew Grima on 20 Mar 2019
    Chapter 20 of the Parliamentary Joint Committee on Corporations and Financial Services' Report looks at leasing, and examines the impact of increased rental costs, disclosure of lease arrangements to franchisees, and franchisee rights as sub-lessees or licensees of the franchisor.  In this piece, Commercial Property and Franchising lawyer Andrew Grima looks at the committee's observations, and recommendations with regard to leasing.
  • Franchising Senate Committee Report Recommendations
    Posted by Catherine Sedgley on 19 Mar 2019
    On the 14th of March 2019, the Parliamentary Joint Committee on Corporations and Financial Services issued its long-awaited Report into the operation and effectiveness of the Franchising Code of Conduct. Since the last inquiry into franchising was conducted in 2008, the Committee indicated that it is no longer the case of there being "a few bad eggs", but rather, that the problems in franchising are systemic.
  • Due Diligence: The best investment you can make prior to buying a franchise
    Posted by Catherine Sedgley on 18 Mar 2019
    Too often, Coleman Greig sees franchisees bypass the vital task of conducting their own due diligence prior to buying a franchise on the basis that it is too expensive, or that it delays the sign-up process.  Instead of viewing due diligence as an expense to the business, franchisees should view the process as an investment, as it provides critical knowledge required to make calculated decisions.
  • Western Sydney’s Aerotropolis set to change the face of retail leasing
    Posted by Andrew Grima on 15 Mar 2019
    As we draw closer to the construction of Sydney's second airport, Coleman Greig has continued to pay close attention to what will eventually become of the 11,200 hectares known as the Badgerys Creek Aerotropolis.  One point obvious at present is that this upcoming residential and business hub is set to change the face of retail leasing within the Western Sydney region.
  • Should I Mediate or Litigate my Dispute?
    Posted by Laura Bazouni on 15 Mar 2019
    The uncertainty of litigation can be frustrating - as it is impossible to guarantee just what will happen, how long the case will take or how much it will cost.  Mediation, on the other hand, is an alternative dispute resolution process with the potential to resolve disputes quickly, affordably and with limited stress for the parties involved.  
  • PPSA: Correcting Errors and Extending Time
    Posted by Rebecca Hegarty on 15 Mar 2019
    Since the Personal Property Securities Act 2009, creditors have looked to perfect their security interests by registering them on the PPSR. Here’s what you should consider when it comes to PPSA registrations.
  • Changes to the Retirement Village legislation – a precursor to the Royal Commission into Aged Care
    Posted by Dean Claughton on 8 Feb 2019
    In November 2018, the NSW parliament passed a bill which is set to amend the Retirement Villages Act 1999 No 81.  These changes were made as a result of the initial inquiry into the retirement village sector, and aim to both extend the rights of residents and increase transparency with regard to village operators.  
  • How Does the Court Deal With Children with Autism and Other Special Needs in Parenting Proceedings?
    Posted by Kirstie Barfoot on 8 Feb 2019
    Within the context of parenting matters, the overarching question for a Judge to consider is 'what arrangement is in the best interests of the children?'.  This seemingly simple question leads to a number of other, often more complicated questions - especially where the child/ren in question have special needs.
  • Defining ‘Digital Assets' - Where are we up to?
    Posted by Lisa Barca on 7 Feb 2019
    Whilst we know that there are no laws dealing directly with the accessing or transferring of a person's digital assets upon death or incapacity, the number of existing laws that dance around the issue can be incredibly confusing. This article takes a look at how digital assets are handled within the context of the law of wills.
  • Is Your PPSR Registration About to Expire?
    Posted by Rebecca Hegarty on 31 Jan 2019
    With the Personal Property Securities Register (PPSR) having officially turned 7 years old as of 30 January 2019, Coleman Greig would like to remind our commercial clients that as of and from 30 January 2019, all 7 year PPSR registrations have started to expire.
  • End of Year Leasing Health Check for Franchise Tenancies
    Posted by Andrew Grima on 12 Dec 2018
    It's that time of year again, where many of us start to wind down (or in some cases, wind up prior to the Christmas deadlines) and start thinking about whether our house is in order.  As such, Coleman Greig would like to remind you of some of the common pitfalls that we often see in our leasing practice, particularly within the world of franchising. 
  • Franchising vs Licensing: Making the Right Choice for Your Business
    Posted by Catherine Sedgley on 12 Dec 2018
    With the current climate, the terms ‘franchising’ and ‘franchise’ can often leave a bad taste in one’s mouth. As such, business owners looking to either expand or leverage a successful business in order to achieve further growth will often explore alternative models, such as licensing. While ‘franchising’ and ‘licensing’ may mistakenly be used interchangeably, they are two distinctly different concepts.
  • Update on the Parliamentary Inquiry into Franchising
    Posted by Catherine Sedgley on 12 Dec 2018
    It is difficult to ignore the immense amount of press surrounding the recent parliamentary enquiry into the franchising sector and the effectiveness of the Franchising Code of Conduct. The Senate Committee, chaired by Michael Sukkar, has set themselves the task of discovering whether amendments to the Code would result in a more cohesive sector and provide greater support to franchisees.
  • Juggling Mental Illness and Performance Management
    Posted by Anna Ford on 5 Dec 2018
    Dealing with an employee who is not performing to the standard required of someone in their position can be a complex situation, so when you throw into the mix knowledge that they may be suffering from a mental illness, an already difficult situation can become a whole new level of complicated!
  • When is a ‘casual’ worker not actually classed as a casual?
    Posted by Stephen Booth on 5 Dec 2018
    The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.
  • An Update on Casual Conversion Clauses in Modern Awards
    Posted by Stephen Booth on 5 Dec 2018
    The Fair Work Commission has now finalised the text for the casual conversion clause, which is to be inserted into 84 modern awards which did not already have a casual conversion clause.
  • Coleman Greig appoints Andrea Galloway to its Board of Directors
    Posted by Warrick McLean on 19 Nov 2018
    The Board of Directors at Coleman Greig Lawyers is excited to announce the appointment of Andrea Galloway as Non-Executive Director, effective as of 31 October 2018.  Andrea is both an executive and non-executive director with more than 35 years' experience across a number of sectors, including technology, housing and professional services.
  • What happens with the family business following a separation?
    Posted by Anna D’Addona, Danielle Borg on 19 Nov 2018
    When a party to either a marriage or de-facto relationship has control over a family business, the breakdown of the relationship will often lead to the operation of the business coming under close scrutiny as part of a subsequent property dispute. This piece looks at just what happens to the family business following a separation.
  • A few months on: What has the Notifiable Data Breach Scheme taught us?
    Posted by James Ferguson on 19 Nov 2018
    With the Notifiable Data Breach Scheme having now been in operation for close to 9 months, Coleman Greig has decided to take a detailed look at what the current statistics are saying, as well as what organisations are able to glean from them in order to effectively protect both themselves and their clients from cyber-attacks.
  • Lessons learnt, so far, from the Hayne Royal Commission
    Posted by Michael Adams on 19 Nov 2018
    There has been a lot of recent publicity surrounding Kenneth Hayne's Royal Commission into the Misconduct of Banking, Superannuation and Financial Services Industry.  Although the Commission commenced on 14th December 2017, and is meant to be completed by February 2019, the publishing of the 'Interim Report' on 28 September 2018 delivered a lot of food for thought for both accountants and financial planners.
  • Redefining applications for preliminary discovery
    Posted by Mario Rashid-Ring on 12 Nov 2018
    Deciding whether or not to commence legal proceedings can often be a difficult decision. To assist with this, applications for preliminary discovery can be made to obtain documents from a prospective defendant, which often provides insight into whether or not proceedings should be commenced.
  • Electronic Conveyancing in NSW – what’s the latest?
    Posted on 9 Nov 2018
    Despite some initial resistance and teething problems, most practitioners in the wider community have been part of a general push towards e-conveyancing, as the 'word on the street' is that all transactions will be required to take place on the e-platform by 1 July 2019.
  • How managerial positions have been affected by changes to the skilled visa scheme
    Posted by Lisa Qiu on 9 Nov 2018
    On 18 March 2018, the Temporary Work (Skilled) (subclass 457) visa, more commonly known as the ‘457 visa’ was abolished and replaced with a new skilled visa scheme, called the Temporary Skill Shortage (subclass 482) visa (‘TSS visa’). Now that the dust has somewhat settled, employers are once again enquiring about the requirements for sponsoring skilled workers.
  • How will the “Whistleblower Bill” affect Australian companies?
    Posted on 9 Nov 2018
    If the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 is passed by the parliament, new legislation will see major amendments to the Corporations Act 2001, creating an expanded regime under which both public and large private corporations will be required to implement internal whistleblower policies.
  • Western Sydney’s Largest Charity Race sets new record
    Posted by Andrew Grima on 30 Oct 2018
    Participants in Western Sydney's Largest charity race, the Coleman Greig Challenge, set a new record on Friday 21 September 2018, raising over $231,000 for children with special needs and newborn care. 
  • How is the Financial Services Royal Commission set to effect the Australian property market?
    Posted by Andrew Grima on 18 Oct 2018
    Although the wheels are still in motion and we are yet to see the final product, the Financial Services Royal Commission is already forcing changes within the banking industry which are likely to significantly slow lending, and which have already caused a drop in the value of Australian property.  
  • A step by step guide to administering a deceased estate
    Posted by Rosemary Carreras on 17 Oct 2018
    The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. With this in mind, we have put together a guide to help walk you through the basic steps involved in administering a deceased estate.
  • Do “prenups” still hold up in the wake of Thorne v Kennedy?
    Posted by Kirstie Barfoot, Madison Kelly on 17 Oct 2018
    When the High Court disregarded the Binding Financial Agreement in the Thorne v Kennedy case of November 2017, discussion arose over whether pre-nups will hold up in court. Here’s what you need to know about the case.
  • 2018-19 Franchise Agreement and Franchise Disclosure Document Update - Don't Delay, time is running out!
    Posted by Catherine Sedgley on 9 Oct 2018
    Under the Franchising Code of Conduct, a Franchisor is required to update their Disclosure Document annually, within 4 months following the end of the financial year.  If your financial year ends 30 June, the Disclosure Document for your franchise network needs to be updated on or before 31 October 2018.
  • Updates to the Commonwealth Court's Online Filing System
    Posted by Kirstie Barfoot on 4 Oct 2018
    Alongside the recently implemented changes in the Federal Circuit Court and Family Court systems, court staff are now looking to streamline the online filing process in order to ensure that both solicitors and self-represented litigants have an efficient method available to provide the court with documents.
  • How Your Business can Protect Confidential Information From Departing Employees
    Posted by Dominic Russell on 18 Sep 2018
    Employment relationships are just like any other relationship: the only certainty is that they will eventually come to an end. One unfortunate reality is that departing employees often pose the greatest risk to the future goodwill of a business, as they have had the opportunity to form relationships with the client base and supplier network.
  • Unfair Dismissal and Technology: Terminated via Text, Email or Facebook Messenger
    Posted by Stephen Booth on 13 Sep 2018
    Calling a meeting to inform an employee that their employment is being terminated is uncomfortable, so many employers are opting to use digital tools to communicate their decision instead. Unfair dismissal and technology have a growing correlation. Here are some implications to be aware of.
  • Romance in the Workplace - Yay or nay?
    Posted by Anna Ford on 7 Sep 2018
    Many workplaces have sexual harassment policies in place to protect their employees, but often do not know how to navigate consensual romantic relationships. Here’s why your organisation needs a Relationships in the Workplace Policy and what it should look like.
  • Introducing the ASIC Supervisory Cost Recovery Levy Act 2017
    Posted by Peter Stewart on 23 Aug 2018
    The Australian Securities and Investments Commission (ASIC) has recently put in place a new industry funding regime based on the 'user pays' principle.  The ASIC Supervisory Cost Recovery Levy Act 2017 aims to fund ASIC's operation through charging entities that both require and benefit from the commission's regulation.
  • The Falkholt Tragedy and the Possible Inequity on the Distribution of the Family’s Estates
    Posted by Rosemary Carreras on 23 Aug 2018
    A significant lesson that can be taken from the Falkholt family tragedy is the very real need to have your financial affairs in order, especially with regard to a legally valid Will which adequately covers all scenarios, including a calamity such as a complete family wipe-out.
  • Identifying High Risk, Difficult and Otherwise ‘Bad’ Accounting Clients
    Posted by Caroline Hutchinson on 23 Aug 2018
    It is important to remember that bad, or unwanted accounting clients do exist.  It is therefore important to ensure that strategies are put in place to assist with the identification of such unwanted clients, and to protect your business from those who may potentially damage your firm's profits, reputation and/or staff.
  • Intellectual Property in Building Plans and Development Approvals: Who Owns the Copyright?
    Posted by Nick Kallipolitis on 9 Aug 2018
    Significant complications can often arise in relation to the infringement of copyright linked to company-specific building plans, as has been made evident in the recent Federal Court case of Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA 973.
  • Security of Payment Act NSW: Holy Grail or Pandora's Box?
    Posted by Nick Kallipolitis on 9 Aug 2018
    The good news for the building and construction industry is that the boom we have seen in NSW seems set to continue for a number of years yet, even despite the housing market softening somewhat in recent months.   In fact, the Australian Construction Industry Forum (ACIF) expects the value of construction work undertaken to be more than $54 billion in 2018/19 (up from $52.986 billion in the financial year 2015/16).
  • What Does Same-Sex Marriage Mean for Family Law Proceedings?
    Posted by Malcolm Gittoes-Caesar, Kirstie Barfoot on 24 Jul 2018
    Australia is now officially the 26th country to legalise same-sex marriage, with the Marriage Amendment coming into effect on 9 December 2017. We take a look at how has this change has affected Family Law proceedings?
  • The Who, What, When and Why of Family Law Mediation
    Posted by Malcolm Gittoes-Caesar, Karina Ralston, Adam West on 16 Jul 2018
    Due to delays and backlogs, the Family Court is currently pushing for parties to make genuine attempts to resolve their disputes privately through Family Mediation, one of the more popular Alternate Dispute Resolution processes.
  • Dealing with Digital Assets on Death or Incapacitation
    Posted by Lisa Barca on 16 Jul 2018
    The term 'digital assets' encompasses everything from photos, emails, domain names and blogs to online gaming accounts. What happens to your digital assets on death, or incapacitation?
  • New GST Withholding Regime on supplies of Residential and Potential Residential Land
    Posted by Therese Austin on 16 Jul 2018
    From 1 July 2018, purchasers of new residential premises or potential new residential land must pay the GST component of the purchase price directly to the ATO either on, or before settlement.
  • New Appointments within Coleman Greig's Professional Team
    Posted by Warrick McLean on 4 Jul 2018
    Coleman Greig Lawyers is pleased to announce the recent promotion of three outstanding, and highly deserving members of our professional legal staff, Karina Ralston (Family Law), Louisa Daniels (Wills and Estate Planning) and Ricky Raad (Commercial Property).
  • Coleman Greig Lawyers Opens in Penrith
    Posted by Warrick McLean on 4 Jul 2018
    Residents and businesses within the Penrith Nepean region will now have access to a wider range of high quality legal services, expertise and support following Coleman Greig Lawyers' opening of offices on Penrith CBD's High Street, effective Monday 2 July 2018.
  • New Financial Year Employment Law Update
    Posted by Stephen Booth on 3 Jul 2018
    We're in a new financial year, which means many reference points relevant to employment law will alter, because of annual indexation and changes to the law. Read about some of the most important changes applying from 1 July, 2018.
  • Changes to the Australian Accounting Standard Affecting Franchisees & Franchisors: Bringing Leases Onto Your Balance Sheet
    Posted by Andrew Grima on 28 Jun 2018
    As of 1 January 2019, the Australian Accounting Standards Board (AASB) will introduce a new leasing standard requiring Australian businesses to bring operating leases onto their balance sheets.
  • Parliamentary Inquiry into Franchising: What's Wrong Within the Sector?
    Posted by Peter Stewart on 28 Jun 2018
    A parliamentary inquiry into franchising and the effectiveness of the Franchising Code is underway, with hearings being conducted with a view to getting a report to the Parliamentary Joint Committee on Corporations and Financial Services by 30 September 2018.
  • The Rise of Childcare Centres and Associated Investment Opportunities
    Posted by Dean Claughton on 7 Jun 2018
    An ongoing need for childcare centres has led to a significant boom within the industry, and has seen savvy investors buying up childcare facilities and seeing notable financial returns.
  • GDPR in Australia – is Your Business Compliant?
    Posted by Peter Stewart on 7 Jun 2018
    The European Union's ('EU') new General Data Protection Regulation ('GDPR') came into effect on 25 May 2018. Whilst Europe is over 14,000km from Australia's sandy shores, its data protection laws are only a click away.
  • Deceptively Similar Trade Marks and the Trade Mark Opposition Process
    Posted on 7 Jun 2018
    What happens if someone is trying to register a trade mark that is too similar to your own? How can you prove that it is similar? What are your rights and how can you enforce them?
  • Debt Recovery - If all else fails – the last resort
    Posted on 6 Jun 2018
    Most people immediately think about legal action when they hear the phrase "debt recovery". While formal proceedings are certainly one way in which a debt can be pursued, it is not always the best way. Court proceedings are typically time consuming and expensive.
  • Make it hard for your customers to owe you money
    Posted on 23 May 2018
    Many businesses, particularly those that are struggling with cash flow, overlook some of the simplest debt prevention tools.   One of the easiest ways to immediately improve cash flow is to design (or simply decide upon), implement and routinely use good billing practices.
  • How your clients might avoid a losing litigation battle - Preliminary Discovery
    Posted by Emma Macfarlane on 22 May 2018
    Deciding whether or not to commence legal proceedings can often be a difficult decision for your clients and one which they may seek to involve you in. Find out how you can help.
  • Ipso Facto Clauses – There's change on the way
    Posted by Rebecca Hegarty on 22 May 2018
    An important change in law arising from the raft of recent Insolvency reforms concerns enforcement of 'ipso facto' clauses in contracts. As the change will impact on how you contract and do business with your customers, it is important to both understand the change and put measures in place to deal with it.
  • Keeping Up With Modern Awards
    Posted by Stephen Booth on 2 May 2018
    The Fair Work Commission has deferred the second 4 yearly Awards review (previously scheduled to begin last January) until the current 4 yearly review is complete.
  • The New Temporary Skill Shortage (TSS) Visa
    Posted by Lisa Qiu on 2 May 2018
    On 18 April 2017, the government announced that the popular Temporary Work (Skilled) Visa would be abolished by March 2018, and replaced with a new Temporary Skill Shortage visa.
  • Tightening of GST Compliance Within the Building and Construction Industry
    Posted by Nick Kallipolitis on 11 Apr 2018
    As part of the 2017-18 Federal Budget, Treasury announced its intention to tighten up GST compliance within the building and construction industry. The changes in the collection of GST payments include new GST withholding obligations on the part of purchasers, together with notification obligations for developers.
  • Courts Cannot Overturn Building & Construction Decisions Based on Non-Jurisdictional Errors
    Posted by Nick Kallipolitis on 11 Apr 2018
    The High Court has determined that the courts do not have the power to overturn an adjudicator’s determination based on a non-jurisdictional error of law on the face of the record. What this effectively means, is that unless an adjudicator has made an error of jurisdiction in his/her determination, a court has no power to overturn that ruling.
  • The Strata Building Bond and Inspections Scheme is Now in Force
    Posted on 11 Apr 2018
    From 1 January 2018, any building contract entered into by a developer and builder in NSW will need to adhere to the new strata building bond and inspection scheme.
  • Accountants in the Fair Work Ombudsman’s firing line
    Posted by Stephen Booth, Dominic Russell on 7 Dec 2017
    As highlighted in a recent case involving Ezy Accounting, professional responsibility can present difficult choices, but not dealing properly with those choices presents serious risks.
  • The Unfair Preference Claim and the Third Party Payer
    Posted by Rebecca Hegarty on 7 Dec 2017
    How often are you, as an unsecured creditor, on the receiving end of an Unfair Preference Claim? It is prudent to look at whether you received the payments from the Company and whether they were a party to the transaction.
  • Our top 5 Christmas debt collection tips
    Posted by Rebecca Hegarty on 22 Nov 2017
    As we enter the Yuletide season, avoid the strain that it brings by seeking to recover unpaid debts early.
  • Estate Administration - What Does the Executor do After Probate has been Granted?
    Posted on 22 Nov 2017
    The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. Once Probate has been granted, the Executor of a deceased estate must collect the deceased's assets and take steps to pay any debts or taxes - including income tax - owed by the deceased.
  • Are you doing your due diligence when buying your business?
    Posted by Peter Stewart on 21 Nov 2017
    Buying a business, whether it be a franchise or not, is a huge investment for most people. Due diligence will reveal important information about whether the business is the right investment for you.
  • What is the ongoing franchise fee and why is it so important?
    Posted by Peter Stewart on 21 Nov 2017
    One of the most important payments a franchisee will make is the ongoing franchise fee, typically known as the royalty fee.
  • Intellectual Property Licence Agreement Dispute between Kraft and Bega
    Posted on 14 Nov 2017
    An interesting development out of the United States, involving a dispute between Kraft-Heinz and Bega Cheese Limited which is now before the New York Federal Court is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
  • Indemnity clauses: a cautionary tale for businesses
    Posted by Mario Rashid-Ring on 14 Nov 2017
    The recent NSW Court of Appeal Decision, CSR Limited v Adecco (Australia) Pty Ltd, illustrates the risks of an ambiguously drafted indemnity clause, as well as the circumstances in which a Court may determine if an indemnity clause continues to operate after the formal expiration of a fixed term contract.
  • John Cotter has pole position heading into retirement
    Posted by Warrick McLean on 14 Nov 2017
    The Principals and staff at Coleman Greig would like to wish John Cotter a happy and healthy retirement. John is leaving this December after 8 years with the firm’s Property team, having been invaluable as a trusted adviser to government clients and mentor to fellow lawyers within the firm.
  • Security of Payment Act: Payment Claims in a Digital Age
    Posted by Mario Rashid-Ring on 13 Nov 2017
    Legislative changes have modified the Building and Construction Industry Security of Payment Act on, allowing SOPA Notices to be served by email in certain circumstances.
  • Playing with fire: Failure to properly respond to a Payment Claim can leave you burnt!
    Posted by Nick Kallipolitis on 13 Nov 2017
    The Building & Construction Industry Security of Payment Act sets out a framework for the assessment and determination of disputed progress Payment Claims, including timeframes that contracted parties must adhere to.
  • Liability for franchisors and holding companies
    Posted by Stephen Booth on 1 Nov 2017
    The Federal Government’s Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 has now passed Parliament. Some of the legislation, dealing with payslips and record keeping, takes effect immediately.
  • Two of my employees are in a close personal relationship. Is it any of my business?
    Posted by Stephen Booth on 1 Nov 2017
    Two recent situations involving Channel 7 and the AFL which gained a lot of media attention have raised the question of whether an employer can intervene in such a relationship, or even forbid personal relationships between employees.
  • Robbery, but not under arms: did the safety policy apply?
    Posted by Stephen Booth on 1 Nov 2017
    In the recent case of Mistry v Woolworths (Fair Work Commission, 2017), Mr Mistry made an unfair dismissal application when his employment was terminated, because when he was confronted by a would-be robber at a petrol station, he failed to follow a policy intended to protect the safety of employees and customers.
  • 'It's my birthday and I'll drink if I want to.' Was the dismissal harsh?
    Posted by Stephen Booth on 1 Nov 2017
    A recent case confirms that deliberate out-of-hours conduct, with the knowledge that it will impact on ability to work, can be a valid basis for termination however, employers need to be sure that prior warnings are relevant to provide a valid basis for termination.
  • Two new Accredited Specialists for Greater Sydney’s premier law firm
    Posted by Warrick McLean on 25 Oct 2017
    The Principals of Coleman Greig are thrilled to announce that Hadi Boustani, Litigation & Disputes, and Karina Ralston, Family Law, have become Accredited Specialists in their respective areas of law.
  • It’s Spring – Time to give your leasing documentation a review!
    Posted by Andrew Grima on 17 Oct 2017
    As your lawyer, I suggest that you should see this Spring season as an opportunity to review your legal documentation, if you haven’t done so already - before you get busy in the lead up to Christmas.
  • Key changes for franchisors under the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
    Posted by Peter Stewart on 17 Oct 2017
    There are a number of changes that you should be aware of under the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017.
  • Bondi Wash brand at sea with international trade mark dispute
    Posted on 8 Sep 2017
    A recent development, involving the iconic Bondi Beach, has reinforced the importance of protecting your trade mark globally if your business is looking to expand into global markets.
  • Five things to look for when you buy an investment property
    Posted by Dean Claughton on 6 Sep 2017
    Whether you’re buying a property with a view to retiring in it in the future, or whether you want to use the rental income to travel more or become ‘grey nomads’, here are five things to considering when buying an investment property.
  • The importance of a professionally drafted Will
    Posted by Rosemary Carreras on 6 Sep 2017
    It is extremely important to make a Will so that you can make sure that, upon your death, your assets pass to the people you want to have them.
  • When do children have a choice in family law matters?
    Posted by Malcolm Gittoes-Caesar on 6 Sep 2017
    The High Court recently handed down a decision in a controversial case, Bondelmonte v Bondelmonte, which has significant implications for the views of the child in family law proceedings.
  • Industry recognition for expertise and impact
    Posted by Warrick McLean on 6 Sep 2017
    Coleman Greig is thrilled with the recent recognition of two of its Principals, Malcolm Gittoes-Caesar and Caroline Hutchinson, in industry awards.
  • Key Changes to the Retail Leases Act – 1 July 2017
    Posted by Dean Claughton on 8 Aug 2017
    On 1 July 2017, several key changes were made to the Retail Leases Act in New South Wales that effect both landlords and tenants around the state. These changes have been in draft form for a substantial amount of time, and so it was no surprise when the legislation came into effect.
  • GST and the supply of a going concern
    Posted by Peter Stewart on 8 Aug 2017
    It’s 17 years since the introduction of the Goods and Services Tax (GST), but the 'going concern' exemption still causes some confusion amongst parties in a sale of a business transaction.
  • Corporate shield not enough to protect sole director of building company in a building dispute
    Posted by Caroline Hutchinson on 8 Aug 2017
    In a recent case, two owners of a residential home in Canberra won more than $380,000 in damages after suing a builder, its director and a seller over building defects.
  • I’m the Executor of a small estate- should I bother seeking a Grant of Probate?
    Posted by Rosemary Carreras on 20 Jul 2017
    Often, as professional advisors, we’re asked to take on the role of Executor for clients who may not have close family or friends to act or, for some particular reason, it’s preferable for someone independent to handle the administration of an estate.
  • The Diverted Profits Tax
    Posted by Peter Stewart on 20 Jul 2017
    The Diverted Profits Tax came into effect on 1 July 2017, and aims to ensure that the tax paid by significant global entities properly reflects the economic substance of their activities in Australia.
  • Registering business names for clients
    Posted by Peter Stewart on 20 Jul 2017
    As an accountant you are most likely considered the trusted advisor/‘sounding board’ for many of your clients - a role that may see you advising them on new business pursuits. As part of this process, you are probably often instructed to register new business names. To make this process as smooth as possible for your client, keep the following in mind.
  • Practical advice and hands on experience for legal students
    Posted by Warrick McLean on 11 Jul 2017
    Coleman Greig is proud to have supported aspiring lawyers in the region at Western Sydney University’s Law School Awards.
  • Prepare now for the Fair Work Amendment (Protecting Vulnerable Workers) Bill
    Posted by Peter Stewart on 10 Jul 2017
    Proposed legislation for the Bill has passed the House of Representatives and is now being considered in the Senate so now is the time to prepare your franchise.
  • Short-changed…Coffee Club franchisee penalised for underpaying employee - what does this mean for the franchisor?
    Posted by Peter Stewart on 10 Jul 2017
    In this article we look at the potential impact that a franchisee’s conduct may have on a franchisor.
  • They want to renovate or demolish the premise that I’m leasing?!
    Posted by Andrew Grima on 10 Jul 2017
    A guide for franchisees to navigate you through a relocation or demolition clauses in a retail lease.
  • New appointments
    Posted by Warrick McLean on 3 Jul 2017
    Coleman Greig is thrilled to announce the promotion of four of our talented lawyers.
  • New Financial Year Employment Law Update
    Posted by Stephen Booth on 3 Jul 2017
    We’re in a new financial year, which means many reference points relevant to employment law will alter. Here are some of the most important changes applying from 1 July, 2017.
  • Commencement date of Building Defect Bond Scheme deferred until 2018
    Posted by Nick Kallipolitis on 28 Jun 2017
    The Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (NSW) introduced into the NSW Legislative Council on 24 May 2017, appears to have deferred the proposed commencement of the Scheme until 1 July, 2018.
  • Home Building Contracts: Variations vs. Price Adjustments
    Posted by Mario Rashid-Ring on 28 Jun 2017
    Standard Home Building Contracts contain an array of clauses and conditions that, to the non-lawyers out there, can seem to be vague and confusing. There is often, in particular, confusion about the difference between Variations to the Contract and Contract Price Adjustments.
  • When can a Court quash an adjudication determination?
    Posted by Nick Kallipolitis on 28 Jun 2017
    On what grounds can a Court quash an adjudication determination? A recent decision in Shade Systems v Probuild Constructions held that the Building and Construction Industry Security of Payment Act didn’t permit review of the determination of an adjudicator otherwise than for jurisdictional error.
  • Discretionary trusts in Family Law
    Posted by Adam West on 26 Jun 2017
    Discretionary trusts have been used historically to protect family or business assets. It is widely seen as an effective means of ensuring that trust assets aren’t construed as property of a particular beneficiary but in a Family Law property dispute, are they really that effective? In short, they may not be so effective but the news isn’t all bad.
  • Engaging With The Fair Work Ombudsman
    Posted by Dominic Russell on 19 Jun 2017
    The Fair Work Ombudsman (FWO) has, over the last couple of years, developed a reputation as being more than just an industrial watchdog, but a cop on the beat. Here are some key lessons you need to know to minimise your risk from a FWO audit.
  • Can a director be bullied?
    Posted by Stephen Booth on 19 Jun 2017
    Two recent cases have provided a reminder of the broad scope of the anti-bullying jurisdiction of the Fair Work Commission (FWC), as it applies to directors.
  • Do you include the time that an employee worked as a casual, when calculating redundancy pay?
    Posted by Stephen Booth on 19 Jun 2017
    The amount of redundancy pay an employer is required to pay to an employee depends on that employee’s period of “continuous service” with the employer. Does the period of casual service count as “continuous service”?
  • Protecting Your Business on Social Media
    Posted on 19 Jun 2017
    It’s always risky business to engage in social commentary about political matters or trending topics for the obvious reason that it can turn really bad, really quickly. Minimise your risk with a social media policy and brand protection.
  • Henry Grech: Retiring with a legacy
    Posted by Warrick McLean on 14 Jun 2017
    The firm would like to congratulate Henry Grech, Special Counsel, on his recent retirement. A practising lawyer for more than 45 years, Henry joined the firm following the integration of Norwest-based law firm, Grech and Bannerman.
  • New space, new opportunities for Coleman Greig’s Norwest office
    Posted by Warrick McLean on 14 Jun 2017
    We’re excited to announce a spacious new setting for our team in Norwest. Still located in the Atlas building in Brookhollow Avenue, the move into a bigger, brighter office space signals greater opportunities for future growth and collaboration with the Western Sydney business community.
  • The basics of property settlement in Family Law
    Posted by Adam West on 22 May 2017
    There are five significant steps which Courts will generally follow when determining the division of the matrimonial asset pool.
  • Downsizing? Five key reasons why people move into a retirement village
    Posted by Dean Claughton on 22 May 2017
    A popular way to downsize is to move into a retirement village. In this article, we outline the top five benefits of living in a retirement village.
  • An A – Z of Estate Planning
    Posted by Rosemary Carreras on 22 May 2017
    We’ve all heard of Estate Planning and we know that we’re meant to do it but what exactly is it? In short, it’s the process of arranging the management of your personal and financial affairs both during your lifetime and after your death. There are four documents that we usually recommend people have in place for a complete estate plan.
  • Update: Standards Australia put AS 11000 on hold
    Posted by Nick Kallipolitis on 8 May 2017
    As of 4 April, Standards Australia has announced that key proposed changes to the Australian Standards General Conditions of Contract for building contracts were "not supported by the full spectrum of interests."
  • ACCC not shying away from its 2017 ‘hit list’; Murray Goulburn, Apple and unfair contract terms
    Posted by Peter Stewart on 8 May 2017
    The ACCC has commenced a number of proceedings on misleading and deceptive practices, unconscionable conduct, and unfair contract terms affecting small businesses.
  • Coleman Greig joins international network of law firms
    Posted by Caroline Hutchinson, Peter Stewart on 8 May 2017
    Coleman Greig is excited to announce that we have become the only Australian law firm to become a member of First Law International (FLI), a global network of over 75 independent full-service, high quality law firms.
  • What does “without prejudice” mean?
    Posted by Laura Bazouni on 8 May 2017
    The term, “without prejudice” seems to promise the remarkable ability to prevent statements that are conceded by one party to another from being relied upon in Court proceedings. In actual fact, “without prejudice” is a tool to assist parties to settle their disputes outside of Court.
  • Changes to the 457 visa scheme
    Posted by Lisa Qiu on 8 May 2017
    Until March 2018, employers can still sponsor overseas workers on a 457 visa. However, as of April 2017, the occupations available for sponsorship have been condensed from 651 to 435 occupations. 216 occupations have been removed from the list and access to 59 other occupations has been restricted. 
  • What could the upcoming superannuation changes mean for estate planning?
    Posted by Rosemary Carreras on 11 Apr 2017
    In less than three months, the changes to super will have kicked in. It’s important to be aware of what changes in the super law could mean to your estate planning objectives and strategies.
  • Fair Work Ombudsman gunning for accountants and financial advisers
    Posted by Stephen Booth on 11 Apr 2017
    The Fair Work Ombudsman is running proceedings regarding employee underpayment against an employer’s accountant, Ezy Accounting 123 Pty Ltd.
  • The lowdown on options in leasing
    Posted by Andrew Grima on 11 Apr 2017
    As part of the process of leasing a premises for your business, you may have heard about options in leasing but do you actually know what they are and how they can impact a lease?
  • The Courts shaping Security of Payments
    Posted by Nick Kallipolitis on 16 Mar 2017
    Is a reference date a precondition to the making of a valid payment claim? The recent High Court decisions for Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52 sheds some light.
  • A new frontier for Security of Payments
    Posted by Nick Kallipolitis on 12 Sep 2016
    The Supreme Court of NSW recently expanded the ability of a respondent to challenge an adjudication determination, in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd.
  • Chucking a sickie, and major sporting events
    Posted by Stephen Booth on 24 Aug 2016
    Have you ever thrown a sickie for a grand final? You’re far from alone. With the average Australian’s passion for sport, major sporting events can provide you with significant temptation to “chuck a sickie.”
  • 10 things you need to know about discrimination in the workplace
    Posted by Lisa Qiu on 24 Aug 2016
    Discrimination in the workplace is one of the most common areas of public life that people lodge formal discrimination complaints about. Here are 10 things you need to know about discrimination in the workplace.
  • An injured employee - conflicting medical reports on capacity - can you terminate employment?
    Posted by Anna Ford on 24 Aug 2016
    The Full Bench of the Fair Work Commission recently dealt with this situation in the case of Lion Dairy and Drinks Milk Ltd v Peter Norman.
  • We’re in dispute – How do we fix this?
    Posted by Caroline Hutchinson on 9 Aug 2016
    We are often asked to steer clients through their disputes. However, they do not always want to take the most aggressive option –usually litigation. Depending on the nature and circumstances of the particular conflict our clients are facing, we often recommend and adopt alternative dispute resolution (ADR) methods.
  • Four lessons employers need to know about terminating an employee’s employment over personal social media posts
    Posted by Lisa Qiu on 9 Jun 2016
    Social media blurs the boundaries between public and private. Here’s what you need to know about terminating an employee’s employment over something they’ve posted on their own social media.
  • Do you know where your Constitution or Trust Deeds are?
    Posted on 30 Mar 2016
    Your company's constitution and the deed for your trust are the rule books by which you must operate the business. If you don't know what these documents say about all manner of issues, your business can be hamstrung.
  • Boutique Law Firm of the Year Finalist
    Posted on 18 Aug 2015
    Coleman Greig is excited to be a Finalist in the Lawyers Weekly Australian Law Awards: Boutique Law Firm of the Year!
  • The Lowdown on what Tenants need to know when Leasing a Premises
    Posted by Andrew Grima on 27 Jul 2015
    Leasing premises is a major investment decision for anyone with a business. It can be complex and fraught with potential problems, not the least of which is the prospect of losing a business should something go wrong! When you consider that one of your most important business assets is your lease, as a tenant it becomes critical that you understand the implications of a lease and your rights and obligations.
  • Beware! Recent Developments to Security of Payment Act NSW Claims
    Posted by Nick Kallipolitis on 18 Jun 2015
    There are a couple of important lessons to learn from the recent case of Patrick Stevedores Operations No.2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014], where the Supreme Court explored two very important features of the Security of Payments Act (SOPA) legislation in NSW.
  • It’s all in the Family – The ins and outs of Contested Estates
    Posted by Rosemary Carreras on 17 Jun 2015
    You can use your Will to leave your things to anyone you would like to, however, your Will can be contested if someone feels short-changed.
  • The EOFY is Nigh - Are your Ledgers in Order?
    Posted by Rebecca Hegarty on 5 Jun 2015
    As the end of financial year fast approaches, don’t leave referral of debts for collection to the 11th hour. A proactive action plan will ensure you have made every effort to maximise your chances of recovery. Make sure you don’t get caught short on cash–flow. Pass your outstanding debts for collection to us at CG Collect before 30 June 2015 to ensure you end this financial year on a positive note.
  • New Centrelink Child Support App
    Posted by Karina Ralston on 13 May 2015
    Making (and receiving) child support payments has, at times, been a difficult process. A new app for The Child Support Agency has been launched by Centrelink and aims to streamline the process.
  • Commercial Leases - I feel a need for security!
    Posted by Andrew Grima on 28 Apr 2015
    A major issue of discussion in many leasing transactions is security – a landlord’s need and desire for as much as possible versus the tenant’s need and desire to provide as little as possible.
  • Product Recalls: Keeping on the right side of the ACCC
    Posted by Stephen Booth, Peter Stewart on 28 Apr 2015
    The Competition and Consumer Act requires recall of consumer goods which in themselves, or because of a reasonably foreseeable use or misuse of the goods, will or may cause injury to a person.
  • Unconscionable Conduct - A $500,000 mistake
    Posted by Peter Stewart on 28 Apr 2015
    As a result of breaching the Franchising Code of Conduct, the Federal Court slapped the wrists of Franchisor, South East Melbourne Cleaning Pty Ltd, with a $500,000 penalty.
  • Coleman Greig named finalist in 2015 Australasian Law Awards
    Posted by Peter Stewart on 23 Mar 2015
    Coleman Greig has been named a finalist in the 2015 Australasian Law Awards in the category of 'Australian Boutique Firm of the Year'.
  • Understanding Your Lease - Your make good obligations and some common traps to avoid
    Posted by Andrew Grima, Dean Claughton on 17 Jul 2014
    The success of your business if often dependent on its location. When you find a premise in the right location it is tempting to agree to the lease without thinking about what you might be accountable for at the end of your lease. It is essential that you review the make good obligations as set out in the lease and take the time to understand your obligations when exiting the premises as well as during your time as tenant.
  • Amendments to the Building and Construction Industry Security of Payment Act
    Posted by Nick Kallipolitis on 3 Jul 2014
    The long awaited amendments to the Building & Construction Industry Security of Payments Act 1999 NSW (SOPA) are now in effect and Principal Contractors, Builders and Subcontractors should all be aware.
  • Coleman Greig Wins BRW Client Choice Awards
    Posted by Peter Stewart on 21 Feb 2014
    The Principals and staff of Coleman Greig are delighted to announce that after being named Best Law Firm in Australia (revenue under $50 million) in the BRW Client Choice Awards 2013 we were also named Best Provider to the Manufacturing Sector and Best Provider to the Professional Services Sector for 2014.
  • Redundancy and
    Posted on 17 Oct 2013
    A recent case before the Fair Work Commission dealt with the issue of redundancy and suitable alternative employment. In Szanto v ISS Facility Services Pty Ltd the FWC clarified the application of sections 119 and 120 of the Fair Work Act 2009 in deciding whether a redundancy payment should be made.
  • General Protections: Award of Damages on the Rise
    Posted by Anna Ford on 20 Sep 2013
    The General Protections provisions of the Fair Work Act 2009 state that an employer must not take any adverse action against an employee (or prospective employee) because of his or her race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
  • Do you Understand your Obligations as a Guarantor?
    Posted on 29 Aug 2013
    Coleman Greig has recently dealt with several matters where a person who has agreed to guarantee a borrowers loan has been held liable for the debt owed to the lender because the borrower was unable to make loan repayments, notwithstanding that the gurantor obtained no benefit whatsoever from the funds borrowed. This typically happens when family and friends are called upon to assist with someone business or investment aspirations.
  • New Social Media Guidelines Released by Interactive Advertising Bureau Australia (“IAB”) – Should businesses adopt them or proceed with caution?
    Posted on 26 Aug 2013
    On 29 April 2013, the IAB (the peak industry body for online advertising in Australia) released Social Advertising Best Practice Guidelines (“Guidelines”) for paid social advertising. These Guidelines comprise of: paid media – where a financial investment is made to place a marketing message.  An example would include a sponsored blog post; owned media – which is owned and controlled by a brand such as social media business pages and mobile apps; and earned media – which is driven by consumers sharing conversations and engagement on social networks and blogs.
  • Coleman Greig Named Best Law Firm in Australia
    Posted by Peter Stewart on 15 Mar 2013
    The team at Coleman Greig is proud to have been recognised as the Best Law Firm in Australia (revenue less than $50 million) in the 2013 BRW Client Choice Awards!
  • Security of Payment: New Arsenal for those seeking Payment
    Posted by Rebecca Hegarty on 4 Jul 2011
    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!
  • Property Law Update: Terminating Commercial Leases
    Posted by Andrew Grima on 28 Mar 2011
    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!
  • Timing and the Building and Construction Security of Payment Act 1999
    Posted by Nick Kallipolitis on 15 Sep 2010
    The Building and Construction Security of Payment Act 1999 (“the Act”) is one of the shortest yet most litigated pieces of legislation. This article provides an overview for anyone involved in the industry.