• 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 Lindsay Owen-Taylor 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 Raymond Frangi 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 David Stott, 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 by Emma Macfarlane 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?
  • 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 Raymond Frangi 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 Hadi Boustani 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 by Chris Tohme 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.
  • Looking to recruit Franchisees to your business?  Here are a few crucial tips for Franchisors
    Posted by Peter Stewart on 28 Mar 2018
    In theory, recruiting a new franchisee should be a relatively simple endeavour – however the reality is that there are a number of pitfalls to face if you, as a franchisor, don’t have the proper systems and checks in place to assist in the recruitment of franchisees for your network.
  • Online shopping wreaking havoc on brick & mortar retailers – Can you seek relief?
    Posted by Andrew Grima on 28 Mar 2018
    As people continue to move towards online shopping for a variety of goods and services including (but far from limited to) clothing, footwear, accessories, jewellery and toys – traditional shopping centres have been forced to re-vamp their footprint in the creation of a broader food and leisure experience.
  • Passing Off Intellectual Property: Private Label Brands Misleading Consumers
    Posted by Adnan Meher on 22 Mar 2018
    In late 2017, the Federal Court of Australia heard the case of Moroccanoil Israel Ltd v Aldi Foods Pty Ltd - a matter which has highlighted a number of issues relating to intellectual property infringement and passing-off, which owners of private label brands can potentially face in the marketplace.
  • Performing your Duties as a Trustee:  When can the Court provide guidance? 
    Posted by Rebecca Hegarty on 22 Mar 2018
    The Court can sometimes provide guidance or advice for a trustee faced with a difficult decision in the course of administering its duties.  However, there are parameters around when the Court will provide such advice, and similarly when it will decline to do so.
  • Franchising Vs Licensing Your Business – Considering Your Options
    Posted by Peter Stewart on 22 Mar 2018
    Are you ready to grow your business, but you’re not sure whether to look towards licensing or franchising? Peter Stewart takes a look at the pros and cons of both options.
  • Are you thinking of investing in a commercial property? There are a few things you'll need to look out for
    Posted by Dean Claughton on 2 Mar 2018
    The decision to invest in a commercial property does not come without significant risks. As with any form of investment, it is always important to undertake effective prior research in order to ensure that your efforts will be worthwhile in terms of a monetary return.
  • What happens when there is conflict between the Executors of a Will?
    Posted by Rosemary Carreras on 2 Mar 2018
    When conflict arises between executors, it usually results in delays in the administration process, increased costs and stress to all interested parties.  So what can we do as advisors to help guide our clients on who the appropriate people are to appoint and hopefully remove or minimise the potential for conflict? 
  • In Family Law proceedings, who can take credit for a property’s increase in value?
    Posted by Malcolm Gittoes-Caesar on 2 Mar 2018
    Throughout the often-long process of family law proceedings, there are a number of areas of dispute that may arise with regard to shared property – as well as areas of ambiguity that accountants and their clients may face.
  • Key Changes to the Family Law Rules
    Posted by Jacob Smith on 23 Feb 2018
    As of 1 March 2018, changes to the Family Law Rules come into effect. We recommend that you review the new rules and update your precedents and practices to reflect them.
  • What impact does having assets overseas have on your Will? 
    Posted by Louisa Daniels on 22 Feb 2018
    If you do have assets in more than one country, it's important to ensure that your Will properly disposes of your worldwide assets - not just those in Australia.  One available option is to make a single Will disposing of all of your assets.  Alternatively, you can make a separate Will for each country in which you hold assets.
  • Calculating and comparing Retirement Village contracts made easier!
    Posted by Dean Claughton on 22 Feb 2018
    As an increasing number of Australians move into retirement villages, or 'Over 55 Lifestyle Estates', it is important to take a close look into issues that can arise during the research phase, as well as the complexities involved in this type of move.  This process has now been made a lot easier with NSW Fair Trading's introduction of an online calculator set to assist older Australians in deciding which retirement village home is right for you.  
  • Is Your House in Order? New Data Breach Regime laws take effect on 22 February 2018
    Posted by Peter Stewart on 15 Feb 2018
    Incoming legislation relating to mandatory notification for data breaches comes into effect from 22 February, 2018. Once in effect, the new regime will require agencies and organisations that are subject to the Privacy Act 1988 to notify both the Office of the Australian Information Commissioner (OAIC) and affected individuals in cases where there has been a confirmed ‘eligible data breach’ of personal information.
  • Coleman Greig Challenge raises a mammoth $213,000 for children with special needs and newborn care!
    Posted by Warrick McLean on 2 Feb 2018
    On Friday 20 October, Western Sydney businesses joined forces at the Coleman Greig Challenge by running, riding and walking in Parramatta Park to support children with special needs and newborn care.
  • Coleman Greig celebrates 90 years
    Posted by Warrick McLean on 2 Feb 2018
    This year sees Coleman Greig Lawyers celebrate our 90th anniversary as Western Sydney’s leading law firm. With such an outstandingly rich timeline behind us, the firm is set to celebrate with a year-long walk down memory lane.
  • Cyberbullying: An Employer’s Response Spot On
    Posted by Stephen Booth on 31 Jan 2018
    In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.
  • Too Clever by Half: Don’t Quibble With the Cut Off Points for Drug Testing
    Posted by Stephen Booth on 31 Jan 2018
    In a recent Fair Work Commission decision (Eather v Whitehaven Coal, Deputy President Sams, 1 January 2018), the FWC had no sympathy for an employee whose employment was terminated when he recorded 18mcg of cannabinoids, compared to the Australian Standard of 15mcg as the maximum allowable.
  • FWC Reinforces Importance of Consultation to “Genuine Redundancy”
    Posted by Stephen Booth on 31 Jan 2018
    Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.
  • 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.
  • New regime - Mandatory data breach notification
    Posted by Peter Stewart on 7 Dec 2017
    When the new regime relating to mandatory notification for data breaches comes into effect from 22 February, 2018, it is essential that as an accountant, you are familiar with the requirements of the new regime should a data breach occur.
  • 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.
  • 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 by Emma Macfarlane 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.
  • Doing business overseas? Here’s what you need to know
    Posted by Caroline Hutchinson, Peter Stewart on 14 Nov 2017
    Doing business overseas can be a great way of reaching a much larger audience but there are also pitfalls. This checklist will help you prepare to successfully do business overseas.
  • 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 Hadi Boustani 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.
  • Bondi Wash brand at sea with international trade mark dispute
    Posted by Emma Macfarlane 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 Louisa Daniels 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 Hadi Boustani 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.
  • Professor Michael Adams joins Coleman Greig Lawyers as Special Counsel
    Posted by Warrick McLean on 8 Aug 2017
    The Coleman Greig team is excited to announce that Professor Michael Adams is joining the firm as Special Counsel.
  • 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 Raymond Frangi 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 Hadi Boustani, 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 from social media
    Posted by Adnan Meher 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.
  • End of Financial Year Checklist
    Posted by Andrew Grima, Peter Stewart, Rebecca Hegarty on 14 Jun 2017
    As the new financial year approaches take some time and review those key aspects of your business to ensure a successful year ahead.
  • 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 Louisa Daniels 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 Raymond Frangi 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?
  • Hot off the press - Retail Leases Amendment (Review) Act 2017. How will it impact franchising?
    Posted by Andrew Grima on 5 Apr 2017
    Franchising and leasing are intertwined. Amendments to the Retail Leases will have significant implications for both franchisors and franchisees.
  • Franchisors, it’s not worth waiting…act now to meet your workplace obligations
    Posted by Peter Stewart on 5 Apr 2017
    As a franchisor, whatever the size of your franchise system, it is important that you minimise the risk to your brand by taking practical steps to help your franchisees understand and meet their obligations.
  • New laws for franchisors: encouraging Fair Work Act and award compliance
    Posted by Stephen Booth on 5 Apr 2017
    The Federal Government is proposing legislation to attack issues of underpayment and employment law compliance at a higher level, by making the franchisor liable for the sins of the franchisee in some circumstances.
  • I want to separate but I’m worried about the financial implications
    Posted by Adam West on 5 Apr 2017
    There are a range of options available to people who want to separate from their spouse but have concerns about their financial position. These options aim to give people certainty about their financial situation as they prepare to enter discussions about dividing assets, and in some cases, working out the arrangements with respect to the children.
  • Your Family Law team is growing!
    Posted by Warrick McLean on 5 Apr 2017
    The Principals at Coleman Greig are excited to announce the appointment of Adam West, a new Principal in our growing Family Law practice. Malcolm has also recently been announced as a Finalist in the Lawyer’s Weekly Partner of the Year Awards in the category of ‘Family Law Partner of the Year’.
  • Enterprise Bargaining: Change to Basic Form
    Posted by Stephen Booth on 16 Mar 2017
    Changes to the Fair Work Regulations which will apply from Monday 3 April, introduce a new form, which means that all forms of Notice or Representational Rights used previously will be out of date.
  • The black economy: not p(l)aying by the rules
    Posted by Stephen Booth on 16 Mar 2017
    Unpaid work experience can be legitimate but when does it cross the line into exploitation?
  • What to do when the union comes knocking – a handy reference guide with all the basic information you need to know, at a glance!
    Posted by Anna Ford on 16 Mar 2017
    Union officials (who hold a current right of entry permit) can enter your workplace for three specific reasons. Understanding your rights and obligations is vital for avoiding penalties and unnecessarily provoking union hostility.
  • Employment and immigration – the do’s and don’ts of hiring employees on visas 
    Posted by Lisa Qiu on 16 Mar 2017
    Managing HR related issues or employment law issues can often be challenging, and when you throw in the fact that the employee is on a visa, things can get even more complicated. So what are the some of the do’s and don’ts when it comes to hiring employees on visas?
  • 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.
  • Key Proposed Changes to the Australian Standards General Conditions of Contract – the new AS11000
    Posted by Raymond Frangi on 16 Mar 2017
    Standards Australia has released a draft version of its new ‘AS11000’ which is intended to replace the current standard form of contracts AS2124:1992 and AS4000:1997, and merge them into one new set of general conditions of contract.
  • Hot off the press - Change proposed to definition of a Personal Property Securities Lease
    Posted by Rebecca Hegarty on 8 Mar 2017
    A Bill is currently before the House Representatives which proposes an amendment to the Personal Property Securities Act 2009. The Personal Property Securities Amendment (PPS Leases) Bill 2017 (the Bill), as its name suggests, seeks to change what will fall within the definition of a Personal Property Securities Lease.
  • Changes to the payment of Court fees
    Posted by Jacob Smith on 2 Mar 2017
    Following a large push in 2016 for lawyers and self-represented litigants to use online and electronic Court resources, the Family Court of Australia and Federal Circuit Court of Australia are no longer accepting cheque or money order payments as of 1 March, 2017. 
  • New Principal, Rosemary Carreras, appointed in Wills & Estates
    Posted by Warrick McLean on 1 Mar 2017
    Coleman Greig is thrilled to announce the promotion of Rosemary Carreras to Principal, as of 1 March. Head of the firm’s Estates and Succession team, Rosemary has proven herself to be an invaluable asset since joining Coleman Greig as an Associate five years ago.
  • Ageing in place – Can you keep living in your retirement village if your needs increase?
    Posted by Dean Claughton on 1 Mar 2017
    Many people who have considered living in a retirement village have also considered the prospect of potentially needing to move into an aged care facility if their health deteriorates. The sector is responding accordingly, with many providers offering potential residents the option to ‘age in place’.
  • Choosing an Executor of your Will - Things to consider
    Posted by Rosemary Carreras on 1 Mar 2017
    The choice of your Executor, the person (or persons) you appoint in your Will to administer your estate when you pass, is a very important one. Here are some things to consider.
  • Poor communication after separation: How does the Court respond?
    Posted by Karina Ralston, Kirstie Barfoot on 1 Mar 2017
    What is the impact of hostile or unhealthy communication between divorced or separated parties on parenting arrangements?
  • Malcolm Gittoes-Caesar, Finalist in the 2017 Lawyer’s Weekly Partner of the Year Awards
    Posted by Warrick McLean on 1 Mar 2017
    Congratulations to Malcolm Gittoes-Caesar who has been announced as a Finalist in the Lawyer’s Weekly Partner of the Year Awards in the category of ‘Family Law Partner of the Year’.
  • Welcome Adam West, new Family Law Principal
    Posted by Warrick McLean on 1 Mar 2017
    The Principals at Coleman Greig are excited to announce the appointment of a new Principal in our growing Family Law practice. Adam West is an Accredited Specialist who brings more than a decade of experience in complex family law matters to the firm including property disputes, parenting arrangements and recovery applications.
  • New Principal joins Coleman Greig Lawyers’ growing Family Law practice
    Posted by Warrick McLean on 1 Mar 2017
    Adam West, a new Family Law Principal has joined Coleman Greig Lawyers, Western Sydney’s leading law firm. Formerly of Slater + Gordon Penrith, Adam was officially welcomed into the firm’s Family Law team on 1 March.
  • Franchisors need to think through redecoration and fit-out obligations
    Posted by Andrew Grima on 21 Feb 2017
    Can a franchisor compel franchisees to pay for costly store fit outs and renovations of stores?
  • ABN or ACN - A valuable lesson on registering under the Personal Property Securities Act
    Posted by Rebecca Hegarty on 21 Feb 2017
    A recent decision handed down on 31 January 2017 in the Supreme Court of New South Wales has highlighted the importance of attention to detail when it comes to registering security interests on the Personal Property Securities Register (PPSR), and in accordance with the Act and its Regulations.
  • What do you mean I’m not covered? I have insurance!
    Posted by Caroline Hutchinson, Mario Rashid-Ring on 21 Feb 2017
    All too often, a business is left without insurance cover because the liability may fall under an indemnity so what are indemnity clauses and why do they matter?
  • Congratulations to The Sanctuary - Community Organisation of the Year in The Hills
    Posted by Warrick McLean on 6 Feb 2017
    Coleman Greig would like to congratulate The Sanctuary- The Hills Women’s Shelter for their recognition as Community Organisation of the Year at the Hills Shire Council Australia Day Awards Ceremony.
  • Legislative Report defends Airbnb!
    Posted by Andrew Grima on 1 Feb 2017
    Chances are, if you haven’t heard of Airbnb by now, you’re well overdue for a holiday. The short-term rental accommodation platform sounds straightforward but it’s not as complication free as it appears, largely because no-one is quite sure where Airbnb sits at the moment in regards to property legislation.
  • Elder financial abuse is on the rise - Don’t ignore the red flags!
    Posted by Rosemary Carreras on 1 Feb 2017
    Thanks to an ageing population, elder abuse is in the spotlight. We discuss what elder abuse is and the red flags that you need to be aware of.
  • How much does a divorce cost?
    Posted by Malcolm Gittoes-Caesar on 1 Feb 2017
    Family law proceedings are emotionally draining and there is an unquantifiable emotional cost, but what is the financial cost of divorce to the individual and society in the context of family law proceedings and family violence?
  • Tick tock, tick tock: Extension of Time claims fall foul to strict time bars!
    Posted by Nick Kallipolitis on 12 Dec 2016
    The decision in CMA Assets Pty Ltd v John Holland Pty Ltd [No 6] [2015] WASC 217, has reinforced the position that contractors MUST comply with the terms of a contract – for example, time and notice provisions - otherwise they risk losing fundamental rights and claims available in the contract such as Extension of Time claims (EOT).
  • NSW Strata Reforms – Introduction of the new Building Defect Bond Scheme
    Posted by Raymond Frangi on 12 Dec 2016
    Developers and builders of residential and mixed use high rise strata buildings are being urged to familiarise themselves with the introduction of the Building Defect Bond Scheme which will commence on 1 July, 2017.
  • What’s in a term? Points to consider when negotiating your lease
    Posted by Andrew Grima on 12 Dec 2016
    An important concept to consider when negotiating a lease is the length of your term as ramifications can arise in regards to the term of lease - including how the term can affect the value of your business, particularly when goodwill is driven by location.
  • On the boil – Pastacup in hot water as the ACCC takes action for failure to disclose
    Posted by Peter Stewart on 12 Dec 2016
    In September, the ACCC announced that it had commenced proceedings in the Federal Court against Morild Pty Ltd and its former director, Stuart Bernstein. Morild Pty Ltd is the current franchisor of Pastacup, a Western Australia-based ready-to-eat pasta business.
  • Landmark agreement sets new standard for the franchise industry
    Posted by Peter Stewart on 12 Dec 2016
    An agreement reached between the Fair Work Ombudsman and 7-Eleven last week is set to introduce a new standard for franchising in Australia.
  • Champion athletes inspire Women in Business
    Posted by Caroline Hutchinson on 30 Nov 2016
    Hills resident and former Olympian, Jana Pittman, took to the stage on Thursday 24 November, to inspire guests with anecdotes of her glory on and off the track at the final Coleman Greig Women in Business event for the year, the Lunch of Champions. Olympic diver Melissa Wu, Paralympic swimmer Ellie Cole, and Olympic snowboarder Holly Crawford joined Jana to share their stories of courage and determination in a panel style interview.
  • What is a “457 visa” and what is the process for obtaining one?
    Posted by Lisa Qiu on 22 Nov 2016
    The terms “working visa” and “457 visas” are well known but unsurprisingly, unless you have undergone the process yourself as an employer or migrant employee, very few understand the processes required to obtain such visas.
  • Personal Liability of HR Managers – Accessories under the Fair Work Act?
    Posted by Stephen Booth on 22 Nov 2016
    The Fair Work Ombudsman is looking beyond traditional defendants in cases dealing with underpayments or sham contracting, directly targeting responsible people in the employer’s organisation, and external parties knowingly involved in infringements.
  • Reasonable notice – could your employees make such a claim on termination?
    Posted by Anna Ford on 22 Nov 2016
    In circumstances where the terms of an employment contract don’t specify a notice period on termination, or where an employee has an employment contract that is out of date, an employee may be able to claim that is an implied term in their employment that they are due “reasonable notice” on termination.
  • A revamp for the Retail Leases Act?
    Posted by Andrew Grima on 17 Nov 2016
    The Retail Leases Amendment (Review) Bill 2016, has been recently introduced into the Legislative Assembly by The Hon John Barilaro, NSW Deputy Premier and Minister for Small Business.
  • Employee Entitlements on transfer of business – an art form or a science?
    Posted by Stephen Booth, Peter Stewart on 17 Nov 2016
    Any business sale or purchase is likely to involve the transfer of employees from one entity to another. Tight and clear drafting up front will go a long way towards ensuring that there is no dispute as to the nature and extent of adjustments to the purchase price at completion.
  • Unfair terms for standard form contracts are now in force
    Posted by Hadi Boustani on 17 Nov 2016
    Breach of the new unfair terms for standard form contract provisions could not only land you in Court as a Defendant but you could also be on the receiving end of an ACCC enquiry.
  • Coleman Greig Challenge raises $150,000 for children with special needs and newborn care
    Posted by Andrew Grima on 2 Nov 2016
    On Friday 21 October, Western Sydney businesses joined forces at the Coleman Greig Challenge by running, riding and walking in Parramatta Park to support children with special needs and newborn care.
  • Five common mistakes made by executors
    Posted by Rosemary Carreras on 31 Oct 2016
    We’ve identified five pitfalls to avoid when you’re appointed as the executor of an estate.
  • ‘I’ve changed my mind’ – A checklist for leaving your retirement village
    Posted by Dean Claughton on 31 Oct 2016
    Moving can be stressful at the best of times. Our checklist will help you prepare and avoid any unexpected costs when you leave our retirement village.
  • The Modern Family and relationship breakdowns
    Posted by Karina Ralston on 31 Oct 2016
    Quite often untangling a couple’s financial relationship after separation means untangling the rest of the family too and it can be tricky where there is a family business involved.
  • Coleman Greig ranks 34 in Great Place to Work
    Posted by Warrick McLean on 31 Oct 2016
    Coleman Greig is thrilled to announce that we have debuted in the ninth annual Great Place to Work Survey – Best Places to Work Australia.
  • Franchisors, it’s time to think about updating your Disclosure Document!
    Posted by Peter Stewart on 14 Sep 2016
    As a franchisor, under the Franchising Code of Conduct, you’re required to update your Disclosure Document annually, within four months after the end of the financial year. If the financial year for your franchise business wrapped up on 30 June, then you will need to update your Disclosure Document on or before Monday 31 October, 2016.
  • Impact of the Unfair Contract Terms Legislation on Standard Form Construction Contracts
    Posted by Raymond Frangi on 12 Sep 2016
    The new small business unfair contract term legislation on 12 November 2016,1 has raised questions on whether provisions in standard form construction contracts may be caught under the legislation.
  • 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.
  • Protecting Assets: Benefits of a loan agreement when a marriage breaks down
    Posted by Malcolm Gittoes-Caesar on 5 Sep 2016
    Find out to what extent a loan agreement can protect parents when loaning money to their children.
  • Is your SMSF binding death benefit nomination bulletproof?
    Posted by Rosemary Carreras on 5 Sep 2016
    When it comes to the requirements for binding death benefit nominations (BDBNs) in the context of self managed superannuation funds (SMSFs), the provisions of the trust deed are paramount.
  • New conveyancing rules, legislation and procedures
    Posted by Barbara Shafton on 5 Sep 2016
    Changes to foreign investor surcharges and new rules around Land Tax Certificates
  • 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.
  • Appointing a guardian if you pass away before your child turns 18
    Posted by Lisa Barca on 16 Aug 2016
    Have you ever thought about who would look after your children if you were to die before they turn 18? Perhaps you’ve arranged for your parents to take care of them, or maybe one of your brothers or sisters? However, unless you have appointed a testamentary guardian, you can’t guarantee that your children will be placed in the care of the person you choose.
  • ‘Going once! Going twice! Sold!’ New conveyancing rules in force
    Posted by Andrew Grima on 16 Aug 2016
    Most of us are fairly familiar with the steps involved in the purchase of residential property but what you may not be across are recent changes in conveyancing. Under the new Conveyancing Rules lawyers and conveyancers are required to verify the identity of their clients, borrowers and anyone who is to be provided with a certificate of title. In addition, it must be confirmed that the person having their identity checked has the authority to deal with the land.
  • Jackpot! Is your partner entitled to your lotto win in your divorce?
    Posted by Karina Ralston on 16 Aug 2016
    We all dream of winning the lottery but if a marriage breaks down after your win, your dream could become the stuff of nightmares. Just how much can your soon-to-be ex claim of your good fortune? In a twist, now pretend that you hit the jackpot in the first year of your decade long nuptials…
  • Product recall obligations for consumers, retailers and suppliers
    Posted by Stephen Booth, Peter Stewart on 9 Aug 2016
    Stringent safety standards bind all manufacturers, particularly in developed countries like Australia. However, sometimes consumer goods or products slip through this net, occasionally with disastrous consequences! Here's what consumers, retailers and suppliers need to know.
  • 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.
  • In the firing line: Misleading and deceptive conduct
    Posted by Peter Stewart on 9 Aug 2016
    E-cigarette retailers, Social-Lites Pty Ltd and Elusion New Zealand Limited, health insurer Medibank and H.J. Heinz Company Australia Ltd are some of the latest culprits under investigation by the Australian Competition and Consumer Commission (ACCC) for misleading and/or deceptive representations to consumers.
  • Commercial leases subject to new unfair contract law
    Posted by Dean Claughton on 9 Aug 2016
    The business world is abuzz with preparations for the new unfair contract law but have you considered the fact that if your business has commercial leases, they too could be affected?
  • Is your franchise ready for the new unfair contract regime?
    Posted by Peter Stewart on 4 Aug 2016
    Many of you will have heard about the impending new unfair contract regime which will be implemented later this year, from 12 November. Here's what you need to know from a franchising perspective.
  • Let’s incentivise to save face! Landlord incentives for tenants
    Posted by Andrew Grima on 4 Aug 2016
    Most of you, as franchisors enter into leases of premises. In an era where landlords want to maintain the appearance of healthy face rents and attract tenants in a struggling retail environment, it is now a given that landlords will offer incentives.
  • Dispute resolution for franchisors and franchisees
    Posted by Peter Stewart on 4 Aug 2016
    The changes to the Franchising Code of Conduct (the Code) has seen more onerous good faith obligations for both franchisors and franchisees. To ensure that both parties comply with such obligations, the Code now requires franchisors and franchisees to attempt to resolve disputes prior to terminating the agreement on foot. These are the most frequently asked questions my clients ask me when a dispute occurs.
  • New Federal Circuit Court Judge appointed
    Posted by Karina Ralston, Carli Heald on 12 Jul 2016
    On 30 May 2016, Judge Brana Obradovic was appointed to the Federal Circuit Court of Australia and took up her new position as Judge sitting in the Parramatta Registry.
  • Join us in congratulating our newest Associates
    Posted by Warrick McLean on 4 Jul 2016
    We are delighted to announce the appointment of two of our talented lawyers to the position of Associate.
  • Employment Law changes for the new Financial Year
    Posted by Stephen Booth on 29 Jun 2016
    We’re in a new financial year, which means that because of annual indexation and changes to the law many reference points relevant to employment law change. Here are some of the most important changes applying from 1 July 2016.
  • 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.
  • Four yearly review of modern awards - Annual leave
    Posted by Lisa Qiu on 9 Jun 2016
    The Fair Work Commission is in the process of undertaking the first four yearly review of modern awards. Among the issues being addressed are several aspects of annual leave.
  • Franchisee underpayments and the supply chain
    Posted by Stephen Booth on 9 Jun 2016
    As a result of the media spotlight ignited by 7-Eleven, the issue of worker underpayments is now very much on the agenda in the lead up to the Federal election.
  • Tackling a bullying claim in your workplace: Do you have to protect an employee against hurt feelings?
    Posted by Anna Ford on 9 Jun 2016
    There is still confusion as to what constitutes bullying in the workplace. A recent bullying case involving Mrs Gore, a casual receptionist, provides further clarification on the issue of ‘hurt feelings’.
  • Coleman Greig Lawyers acquires Norwest law firm Grech and Bannerman
    Posted by Warrick McLean on 1 Jun 2016
    Businesses and residents in The Hills will be able to access a greater range of legal services, expertise, facilities and support following the acquisition of Norwest-based law firm, Grech and Bannerman, by Coleman Greig Lawyers, effective Monday 6 June, 2016.
  • Is my Heads of Agreement or letter of offer worth the paper it's written on?
    Posted by Andrew Grima on 23 May 2016
    A HOA or letter of offer is usually the first step in a commercial leasing transaction. Once signed and finalised, it's typically the trigger for the landlord to instruct their solicitor to produce lease documentation. What happens though when this documentation is never produced? Are the parties bound to proceed with the Lease?
  • Tribunal finds owner of land is not a developer and therefore, not liable for building defects
    Posted by Nick Kallipolitis on 23 May 2016
    In a recent matter, the partition of land before it was subdivided, and the timing of registering strata lots, resulted in a decision where the owner of the land was not considered to be a developer under the Home Building Act (the Act). As such, the owner bears no liabilities regarding statutory warranties in the Act. So what happened, and what are the lessons to be learnt?
  • An overview of the Australian Building and Construction Commission
    Posted by Raymond Frangi on 23 May 2016
    Industrial relations laws in the building and construction industry have become a topic of national debate, with the current Government seeking to reinstate the Australian Building and Construction Commission (ABCC).
  • A reminder for SMSFs with non-bank LRBAs - 30 June is just around the corner!
    Posted by Rosemary Carreras on 20 May 2016
    In our last update, we reported on the need for SMSFs with non-bank limited recourse borrowing arrangements (LRBAs) to take action before 30 June 2016 to ensure those transactions are fully reflective of arm's length arrangements. That may mean bringing those LRBAs to an end and possibly refinancing with a bank or other lender by 30 June, 2016.
  • The proof of debt and the secured creditor - How to avoid accidentally giving up your security
    Posted by Rebecca Hegarty on 20 May 2016
    Creditors are asked from time to time to complete a proof of debt (POD) in the event of liquidation or company administration of a corporate customer. So, while completing a POD is usually straightforward, what is the position of a secured creditor in completing it? When can completion of a POD and voting amount to surrender of your status as a secured creditor?
  • The requirements for an effective Personal Property Securities registration and how registering can benefit your business
    Posted by Peter Stewart, Rebecca Hegarty on 20 May 2016
    The Personal Property Securities Act (PPSA) has been in force since 30 January 2012 however there are still organisations that sell goods on credit or supply goods under lease arrangements that either haven't heard of it, or have but think that it doesn't apply to them. When coupled with a degree of disenchantment arising from push-back by administrators and liquidators, I sense a growing view amongst some organisations that the value in embracing the registration process is questionable.
  • Journalist Sarah Ferguson spills the beans on 'The Killing Season' with Women in Business in Parramatta
    Posted on 17 May 2016
    Speaking to over 100 Western Sydney professionals at a Women in Business networking event, journalist Sarah Ferguson captivated guests with the challenges she faced in interviewing subjects for The Killing Season - who had made it clear that they didn’t want to be involved and didn’t trust the media following the Gillard/Rudd leadership fallout.
  • Will delaying the finalisation of my family law property settlement work in my favour?
    Posted by Karina Ralston on 2 May 2016
    Property negotiations be confronting and difficult for parties to deal with, especially when you are also addressing emotional issues resulting from your separation. However it's imperative that you know the risks associated when you don't finalise your family law property settlement in a timely manner.
  • I've built a great online presence - What happens when I die?
    Posted by Rosemary Carreras on 2 May 2016
    Many people don't think about how their digital assets will be dispensed with in the event of their death or incapacity but it is very important to have a plan in place regarding the management of your digital assets should either of these circumstances occur.
  • You've bought into a retirement village - do you actually own your home?
    Posted by Dean Claughton on 2 May 2016
    You've decided to downsize and take the step of moving into a retirement community. You love the lack of maintenance, social aspect and access to services. However, did you realise that you don't actually own your property?
  • Acting in good faith under the Franchising Code of Conduct
    Posted by Peter Stewart on 27 Apr 2016
    The Franchising Code of Conduct requires all parties who enter, or intend to enter a franchise agreement to act in good faith. Whilst most parties are aware of this obligation, the details regarding the duty to act in good faith remain unclear. Read on to discover what acting in good faith looks like, who it applies to and what penalties arise from failing to uphold this duty.
  • Buying or selling a business: Is due diligence a waste of money?
    Posted by Peter Stewart on 27 Apr 2016
    An alarming study undertaken by Griffith University's Asia-Pacific Centre for Franchising Excellence has found that over 40% of new business owners (including franchisees) were unaware of what due diligence is and how it affects the consideration of a business venture. So what is due diligence and is it a waste of money or an education investment?
  • How easy is it for your landlord to deny your right to exercise an option?
    Posted by Andrew Grima on 27 Apr 2016
    Many franchisors and franchisees conduct their businesses through a particular premises. Tenants can be reliant on securing that premises for the day-to-day running of their business so it pays not to give your landlord an excuse to deny your right to renew your lease.
  • Misuse of market power: What's the effect of The Effects Test?
    Posted by Stephen Booth on 22 Apr 2016
    Last month, the Federal Government announced that, after lengthy consideration, it had decided to legislate for the full Harper that is, to accept the recommendation of the Harper Review that whether conduct of a company with market power should be judged a misuse of that power should depend on the effect of that conduct, rather than whether the company intended to lessen competition.
  • Is a guarantee still enforceable after the death of a guarantor?
    Posted by Rebecca Hegarty on 21 Apr 2016
    Whether a guarantee is still enforceable on the death of a guarantor is an interesting question that arises from time to time. The short answer to the question is, “Maybe."
  • Defining consumer transactions and how you can reduce your liability
    Posted by Peter Stewart on 21 Apr 2016
    Businesses involved in business to business (B2B) transactions are often confused as to whether or not their transactions fall within the ambit of the Australian Consumer Law and if so, what that implies. The purpose of this article is to provide clarity around what constitutes a consumer transaction and a timely reminder as to how a business might legitimately seek to limit its liability in relation to certain B2B transactions
  • Open adoption in the spotlight
    Posted by Karina Ralston on 30 Mar 2016
    The University of Sydney has been granted permission by the Government to establish an Institute for Open Adoption Studies. It is hoped that the Institute will increase the numbers of adoptions in NSW, helping the 20,000 children and young people currently in Out Of Home Care by moving them into permanent, safe and stable homes.
  • Western Sydney's Women in Business marks International Women's Day with a bang!
    Posted by Caroline Hutchinson on 21 Mar 2016
    International Women's Day was 8 March and what better way to celebrate than to invite women from across Western Sydney to mark the occasion? Coleman Greig hosted its first Women in Business event with Lucy Turnbull AO on Friday 17 March with resounding success.
  • Caroline Hutchinson, Finalist in the inaugural Lawyer's Weekly Partner of the Year Awards
    Posted by Peter Stewart on 17 Mar 2016
    Congratulations to Caroline Hutchinson who has been announced as a Finalist in the inaugural Lawyer's Weekly Partner of the Year Awards in two categories of law: Commercial, and Dispute Resolution and Litigation!
  • Big changes underway due to loose-fill asbestos insulation!
    Posted by Andrew Grima on 15 Mar 2016
    The NSW Government is currently running a Voluntary Purchase and Demolition Program for homes and commercial properties affected by loose-fill asbestos insulation. During the 1960s and 1970s loose-fill asbestos insulation was sold as ceiling insulation. An ACT-based company known as 'Mr Fluffy', installed this insulation in approximately 1000 homes in the ACT and NSW. 
  • Update on the Parramatta Registry of the Federal Circuit Court of Australia
    Posted by Karina Ralston on 11 Mar 2016
    The delays in the Parramatta Registry continue, with Judges indicating to practitioners that there are no available dates for Final hearings remaining in 2016.
  • Recent amendments to issuing a subpoena
    Posted by Karina Ralston on 11 Mar 2016
    The rules in relation to issuing a subpoena were recently amended by the Family Law Amended (Arbitration & Other Measures) Rules 2016. Here is a summary of the changes.
  • When the liquidator comes knocking
    Posted by Laura Bazouni on 11 Mar 2016
    Creditors should be very wary when pressing debtors for payment in circumstances where the debtor may be insolvent due to the “claw back” provisions granted to liquidators. Liquidators may in certain circumstances claw back payments made by a company shortly before it is placed into liquidation.
  • IKEA loses claim for rights to intellectual property in Indonesia
    Posted by Emma Macfarlane on 10 Mar 2016
    You may have read in recent news that IKEA has lost its trade mark in Indonesia, where, pursuant to Indonesian Trade Marks Laws, third parties can apply to have the trademark removed if it has not been used commercially for three or more consecutive years after registration. Here's why it's important to protect your trade mark across borders.
  • Developers take heed - Sunset clauses are no longer an excuse to wiggle out of contracts
    Posted by Dean Claughton on 8 Mar 2016
    The addition of section 66ZL of the Conveyancing Act dealing with sunset dates ("New Sunset Clause Law") has attracted a lot of attention, particularly in light of the recent decision of Jobema Developments Pty Limited v Zhu & Ors. A sunset clause within a Contract of Sale specifically addresses the final date ("sunset date") a developer has to complete the project. It protects developers who may experience delays. If the developer fails to complete the project by the Sunset date, each party can rescind the contract.
  • When employees go rogue: How to protect your confidential information and intellectual property
    Posted by Stephen Booth, Lisa Qiu on 2 Mar 2016
    In January, Justice Bromberg of the Federal Court of Australia, handed down a judgment following an urgent application by BlueScope Steel to stop a disgruntled former employee, from leaking confidential information and intellectual property, to competitors.
  • ANZ culture shock: What to do when employees run wild
    Posted by Stephen Booth, Lisa Qiu on 2 Mar 2016
    Two former ANZ traders have sued the ANZ bank as a result of their employment having been terminated by the bank. This case raises an interesting issue: what happens when an employer condones and tolerates inappropriate behaviour?
  • When mistakes become personal – Personal liability as an HR Manager
    Posted by Stephen Booth, Lisa Qiu on 2 Mar 2016
    Itfs not just Directors who can be held personally liable when something goes wrong. Managers who are directly involved in an infringement can also experience the same fate.
  • Immigration Law: Recap on 457 visa sponsorship obligations
    Posted by Stephen Booth, Lisa Qiu on 2 Mar 2016
    On 20 May 2015, the Federal Court of Australia handed down the largest ever court imposed fine for breaching subclass 457 visa sponsorship obligations. Here’s a recap of what those obligations.
  • What you need to know about maintaining a company register
    Posted by Peter Stewart on 26 Feb 2016
    Maintaining a company register is a key obligation placed on companies. It is important that companies, and their officers, are fully informed of the legal obligations governing this set out in the Corporations Act (Act), common law and the company's constitution and shareholders agreement.
  • Interstate disputes – Are your terms enough to guarantee you a home field advantage?
    Posted by Hadi Boustani on 26 Feb 2016
    Today it’s considered foolish if a business doesn’t have an online presence or the ability to sell and contract with parties in other states or countries. However, when things go pear-shaped, is simply relying on a standard “jurisdiction clause” enough to guarantee you a home field advantage? The short answer is no.
  • SMSFs beware - Are your related party borrowings at arm’s length?
    Posted by Rosemary Carreras on 8 Feb 2016
    Until recently, there were various uncertainties around related party limited recourse borrowing arrangements (LRBAs) for SMSF trustees but we now know that these LRBAs should be fully reflective of arm’s length terms, and those terms must be complied with on an ongoing basis.
  • Strata Scheme developments – A new frontier
    Posted by Andrew Grima on 8 Feb 2016
    Last year, NSW Parliament enacted significant changes to the State’s strata laws. Amongst these changes, the NSW Government broke new ground, introducing a whole new part to the Strata Schemes Amendment Act which relates to the renewal of a freehold Strata Scheme.
  • How delays in the Family Court can impact your business
    Posted by Karina Ralston on 8 Feb 2016
    The Family Court system is widely acknowledged to be one of the most overcrowded court systems in Australia. These delays have a significant and often adverse impact upon businesses that are drawn into Family Law proceedings.
  • Territory-based licensing and distribution agreements – Lessons from Netflix
    Posted by Peter Stewart on 29 Jan 2016
    If your business is reliant on territory based licensing and distribution agreements then it’s important to consider how your agreement covers your rights and obligations in respect of the defined-territory. Here are some guidelines.
  • "Wilful" breaches of lease responsibilities and obligations
    Posted by Dean Claughton on 29 Jan 2016
    You should be aware of your contractual obligations under a lease, but you should also know that misinterpretation over these obligations can sour the relationship you have with the other party. Take the recent matter of Allsvelte Pty Ltd v Cassegrain Wines Pty Limited as a case in point.
  • Leasing - Don’t lose sight of the small detail!
    Posted by Andrew Grima on 27 Jan 2016
    Our experience has taught us that various issues can be overlooked in the rush to have a document signed and finalised, and because of a landlord’s pressure to have a standard document for a complex or centre. Such omissions may have an adverse impact on the retailer Tenant. Bearing this in mind, it’s very important to consider the following issues.
  • Harvey Norman franchisee gets slapped with $52,000 in penalties
    Posted by Peter Stewart on 27 Jan 2016
    A Harvey Norman franchisee is the latest offender to lose to consumer watch dog, the Australian Competition & Consumer Commission (ACCC). Found to have made false and misleading representations in relation to consumer guarantee rights, Bunavit Pty Ltd was ordered to a pay a total of $52,000 in penalties.
  • Nurofen manufacturer experiences headache over misleading conduct
    Posted by Emma Macfarlane on 16 Dec 2015
    Nurofen has been a well-loved and trusted pain relief brand…until now. The manufacturer of the brand, Reckitt Benckiser, faces millions in fines following the outcome of proceedings in the Federal Court over products in its Nurofen specific-pain range.
  • Parramatta Registry
    Posted by Karina Ralston on 3 Dec 2015
    This year proved to be a busy year for the Parramatta Registry. Please read for information regarding the Registry in 2016.
  • Things to be mindful of in the New Year l Family Law
    Posted by Karina Ralston on 3 Dec 2015
    Here are five things to be aware of regarding the Family Court and Federal Circuit Court as we head into 2016.
  • The hangover from our property boom in Sydney – Impact on commercial and retail leasing
    Posted by Andrew Grima on 30 Nov 2015
    In Sydney we are experiencing a once in a generation property boom. We are in a market where developers are clamouring for sites to redevelop. I’m seeing the impact of this on my leasing practice - receiving a number of enquiries from clients who want to know what their rights are when their Landlord wants them to vacate their premises for the purpose of redevelopment.
  • Shareholder agreements – why should we have one?
    Posted by Peter Stewart on 30 Nov 2015
    If you and your fellow shareholders are never going to argue, if you’ll always agree on how your shares should be valued, if you have a common view about how to fund your business and a shared view about how a shareholder should act in relation to the business when they cease to be a shareholder, then you most probably don’t need a shareholder agreement. For those of us who are mortal, however, putting a shareholder agreement in place in the good times, when each shareholder is in agreement, is a prudent approach to managing the shareholder relationship.
  • Small businesses to benefit under proposed changes to the Australian Consumer Law
    Posted by Nick Kallipolitis on 30 Nov 2015
    The Federal Government has committed to extending the unfair contract terms legislation to cover small businesses which is intended to come into force in 2016. Find out what impact this will have on your business.
  • What happens if you need to make a 457 visa holder redundant?
    Posted on 25 Nov 2015
    Employers often find themselves scratching their heads when it comes to making a 457 visa holder's position redundant, or terminating their employment. Here is a quick refresher of the rights and obligations for employers (sponsors) when ending a 457 visa holder's employment.
  • Reasonable management action: What is “reasonable”?
    Posted by Stephen Booth on 25 Nov 2015
    The concept of “reasonable management action” arises both in relation to workers compensation claims for psychological injury (including claims concerning stress and anxiety), and in relation to bullying claims in the Fair Work Commission. Reasonable management action, carried out in a reasonable manner, may be a defence to these claims. What is reasonable will vary depending on the circumstances. Click to read some examples.
  • Niceties in the calculation of the unfair dismissal salary cap
    Posted by Stephen Booth on 25 Nov 2015
    The limit on non-award employees commencing unfair dismissal proceedings is an income of under $136,700 (effective 1 July 2015), which includes guaranteed salary (not statutory superannuation), and other guaranteed benefits. It sounds simple, but sometimes calculating the settlements of salary which come within this definition, and which may take a particular employee outside the unfair dismissal jurisdiction, can be difficult.
  • Making your Will? Here are six things to consider
    Posted by Louisa Daniels on 16 Nov 2015
    It’s very important that you make a Will to ensure that, on your death, your assets pass to the people that you have chosen. Before you make an appointment to see your solicitor with a view to preparing your Will, you should consider these six points.
  • Why are Enduring Powers of Attorney important?
    Posted by Dean Claughton on 16 Nov 2015
    A Power of Attorney is a legal document which appoints one or more people that you trust to manage your legal and financial affairs. It allows your attorney to operate your bank accounts, pay your bills and buy and sell property. It operates if you are unable to manage your financial affairs yourself.
  • The use of Discretionary Trusts in estate planning
    Posted by Rosemary Carreras on 16 Nov 2015
    Discretionary Trusts (often referred to as family trusts because they are typically used to distribute income amongst family members) are probably the most widely used type of trust structure.
  • How Discretionary Trusts are treated in Family Law matters
    Posted by Karina Ralston on 16 Nov 2015
    There is a fundamental misconception that Discretionary Trusts won’t be treated as property in Family Law matters. For the purposes of the Family Law Act, the Court will generally take the Trust into consideration, including it as property or otherwise making an adjustment to the other party, should the Court find that it is “just and equitable.”
  • In the spotlight: Sunset clauses
    Posted on 10 Nov 2015
    Sunset clauses for off the plan contracts are currently in the spotlight as some developers have been using this clause as a way of purposefully delaying construction in order to cancel off the plan contracts before selling the property at a higher price to another purchaser.
  • Businesses pound the pavement to raise over $100,000 for children with special needs
    Posted on 2 Nov 2015
    Parramatta Park was a hive of early morning activity on Friday 23 October as Western Sydney businesses joined forces to Run, Ride and Walk their way to victory in the Coleman Greig Challenge and raise over $100,000 for St Gabriel’s School and the Royal Institute for Deaf and Blind Children to support children with special needs in Western Sydney.
  • Termination for Convenience in Construction Contracts
    Posted by Raymond Frangi on 29 Oct 2015
    Depending on whether you are a contractor or principal, a Termination for Convenience (TFC) clause can have both positive and negative effects so it's important to consider the potential implications before entering into a contract.
  • Joint Sale Agreement becoming more popular in heated Sydney property market
    Posted on 29 Oct 2015
    In the hot Sydney property market, neighbours are now joining together to offer to sell their properties as a group, with the view of maximising their sale price by becoming part of a larger site offering to submit to developers.
  • Are you really the ruler of your own domain?
    Posted by Mario Rashid-Ring on 29 Oct 2015
    Whilst domain names are important in a technical sense in that they serve as a link to websites, their real value – particularly in a business context – is actually much greater.
  • Making sure your lease is franchise ready in nine easy steps
    Posted by Andrew Grima on 21 Sep 2015
    Many of our franchising clients are also tenants of premises. A big driver of the value of the franchise brand and its liability are the terms and conditions of leases of the premises occupied by your franchise businesses. Therefore, a big question you must ask yourself, is to what extent do your leases allow for a smooth transition from franchisor to franchisee, prevent duplication, and manage risk? Here are some easy steps to ensure your lease is more franchise ready.
  • Cut price pizzas result in class action
    Posted by Peter Stewart on 21 Sep 2015
    Slashing pizza prices has resulted in a class action against Pizza Hut by its own franchisees. The action, which began in late July this year, followed a move which dropped some pizza prices by half by Pizza Hut’s parent company, Yum! Brands. The ex-franchisees involved in the class action have based their claim on the two companies having engaged in unconscionable conduct and breaching their duty to ensure that franchisees (and Yum! Brands) make a profit.
  • A commercial leasing nightmare: Informal dealings can be binding!
    Posted by Dean Claughton on 21 Sep 2015
    You have probably heard some horror stories about people not reading the complete terms of a lease and ending up in a drawn out legal battle which costs more money than it is worth. Commercial leases are no different – you can be locked into a lease without even signing any paperwork. Here’s a case study about Priolo Corporation Pty Ltd (Priolo) who learnt this lesson the hard way.
  • Maintaining cash flow in the building and construction industry
    Posted by Laura Bazouni on 21 Sep 2015
    Getting paid, in full and on time, is vital to the survival of any business because money is the life-blood of a business. However, in tough economic times, maintaining cash flow to your business can become more difficult and costly - especially in the building and construction industry. The Building and Construction Industry Security of Payment Act 1999 (Act) was designed to enable suppliers, contractors and subcontractors in the building and construction industry to get paid more quickly and avoid expensive construction disputes.
  • Considering joining a Board? Here are four things to consider
    Posted by Peter Stewart on 21 Sep 2015
    Joining a Board can be an exciting and enriching experience. On the flip side, it can also become overwhelming and require more of your resources than originally anticipated. Before making the leap to Board membership there are a few things you should consider to help you make the most of the opportunity.
  • Forget Horrible Bosses, learn about about difficult employees!
    Posted on 7 Sep 2015
    Horrible Bosses, Michael Scott from The Office and Miranda Priestly in The Devil Wears Prada to name a few - we’ve all heard and seen plenty about bad bosses thanks to the big screen. Come along to ‘Dealing with Difficult Employees in a Changing Workplace’ on Thursday 10 September in Norwest Business Park to discover what happens when the shoe is on the other foot!
  • NSW strata legislation – Where will the proposed changes leave you?
    Posted by Dean Claughton on 7 Sep 2015
    Over 90 proposed changes to strata legislation have been announced by the NSW Government this year and if you’re living in strata accommodation you may be wondering if this legislation will apply to you and what changes will be of specific interest to you. Keep reading to (potentially) set your mind at ease, and learn how you’ll be affected.
  • Booming property prices add to difficulties for separating couples
    Posted by Karina Ralston on 7 Sep 2015
    Residential property prices have risen sharply in the past 12 months. The rise in property prices, including increased rent, often means that parties are unable to secure alternate accommodation and vacate the matrimonial home. As a result many separating couples are being forced to remain living ‘separated under the one roof’, leading to increased tensions between parties at an already stressful time.
  • What happens to your superannuation on your death?
    Posted by Rosemary Carreras on 7 Sep 2015
    Did you know that superannuation is a non-estate asset, meaning that it’s not automatically distributed in accordance with terms in your Will? Below are some things you need to know about who can receive your superannuation death benefits and how to ensure those benefits reach your intended recipients.
  • Rugby league great helps Western Sydney take up the challenge for charity
    Posted on 7 Sep 2015
    Former Australian rugby league footballer, Wayne Pearce OAM, will join the first training session for participants taking part in the Coleman Greig Challenge, next Tuesday 8 September in Parramatta. The Coleman Greig Challenge, held on Friday 23 October, is encouraging Western Sydney businesses to get fit, have fun and give back for a worthy cause - with all funds raised supporting St Gabriel’s School and Royal Institute for Deaf and Blind Children.
  • Owners join forces for real estate windfall - Group sales of houses to developers on the rise
    Posted on 24 Aug 2015
    The days of a property developer approaching individual owners to purchase their properties is fast becoming a distant memory. Increasingly, owners are joining forces to offer their properties as a package deal. This type of arrangement has become a popular way for owners of individual properties to maximise their sale price by becoming part of a larger site offering, and consequently, typically a more attractive proposition for developers.
  • Personal Property Securities leases: Change is on the way
    Posted by Rebecca Hegarty on 24 Aug 2015
    A change is on the way that will affect which Personal Properties Securities (PPS) leases you may need to register on the Personal Property Securities Register (PPSR). Under an amendment to the Personal Property Securities Act 2009 (Cth) (PPSA), a PPS lease of serial numbered goods where the term is 90 days or more but less than 1 year, will escape the need for PPSR registration - without potential risk of loss of goods.
  • The Devil is in the Details – two questions you need to consider when entering a contract
    Posted by Hadi Boustani on 24 Aug 2015
    When it comes to the law, every contract must contain certain basic elements to be valid. Unfortunately, it’s easy to ignore these details, and if things go wrong, you can be one small step away from battling it out in court. The following questions are key when considering forming any contract: Who are the parties to the agreement and, who is getting what and for how much?
  • 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!
  • Senate strikes down July filing fee increases in Federal Circuit Court and Family Court of Australia
    Posted on 13 Aug 2015
    As outlined previously, on 13 July 2015 the Federal Circuit Court and Family Court of Australia increased their filing fees. However, despite this being the second attempt to bring in this regulation, the Senate has struck down the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015. As a result, filing fees in the Federal Circuit Court and Family Court of Australia returned to the rates applicable prior to 25 July 2015.
  • Registration of Business Names: “Potato, potahto, Tomato, tomahto.“
    Posted by Peter Stewart on 27 Jul 2015
    The Business Names Registration (Availability of Names) Determination 2015 kicked in on 17 July 2015 and sets out the rules for determining if a business name is identical or nearly identical to another name. These rules aim to reduce the risk of the public being misled by nearly identical business names.
  • Are your Contract Terms Unfair? It might be Time for a Review
    Posted by Peter Stewart on 27 Jul 2015
    A proposed change to legislation put forward for discussion before the Commonwealth Government on 24 June 2015 could affect the terms that you include in many of your usual business agreements. The change, if enacted, is intended to tackle the potential for small businesses to be disadvantaged by unfair contract terms which are enforced in common business agreements. This would see amendments to the current provisions Australia Securities and Investment Commission Act 2001 (ASIC Act) and the Competition and Consumer Act 2010 (CCA).
  • The Lowdown on what Tenants need to know when Leasing a Premise
    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.
  • How to put out social media spotfires and raging infernos
    Posted on 23 Jul 2015
    Most of us understand the power and influence of social media but would you know which way to turn if your business had social media crisis? ‘Managing Social Media Risks’ will give you the tools you need Featuring internationally recognised social expert and author, Nicole Matejic, on Thursday 6 August from 7.30am to 9.00am at The Novotel Sydney Norwest in Baulkham Hills.
  • Can my Misdirected Text Justify my Dismissal?
    Posted by Stephen Booth on 16 Jul 2015
    Have you ever accidentally sent a text message to the wrong person? The consequences can be awkward, and may be disastrous if the content is inappropriate. In the recent decision of Nesbitt v Dragon Mountain Gold, the Fair Work Commission upheld the dismissal of an employee who had accidentally sent a text message to her General Manager.
  • Changes to Annual Leave
    Posted by Stephen Booth on 16 Jul 2015
    As part of its four-yearly review of modern awards, the Fair Work Commission has examined excessive annual leave and the cashing out of annual leave – both common issues for our employer clients. Some employees are so committed to work that they take little leave, or see the accrual as a cash nest egg payable on eventual termination, rather than an opportunity to take a break. Proposed changes by the Fair Work Commission may make these issues easier to handle.
  • Government Crackdown on 457 Visa Breaches – 10 Key Requirements
    Posted on 16 Jul 2015
    If you are currently an approved business sponsor and/or employ 457 visa holders in your business, it's perhaps an opportune time to make sure you're meeting your sponsorship requirements. There are 10 key requirements you need to make sure you're satisfying.
  • Increase in Filing Fees in the Federal Circuit Court and Family Court of Australia
    Posted by Karina Ralston on 15 Jul 2015
    The Government has sought to again increase the filing fees by introducing the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015. The Regulation came into effect on 13 July 2015 and the new fees are now applicable in all Registries.
  • Take action and raise $100,000 for children with special needs
    Posted on 9 Jul 2015
    If you’re a business keen to give back to your local community then look no further than the Coleman Greig Challenge. To be held in Parramatta Park on Friday 23 October, the Coleman Greig Challenge is an easy way for businesses to get fit, have fun and give back - all in one morning!
  • New Appointments to the Coleman Greig Team
    Posted by Warrick McLean on 1 Jul 2015
    We are delighted to announce the appointment of Hadi Boustani, Karina Ralston and Raymond Frangi to the position of Associate. We are also pleased to announce Monique McDermott's appointment to the position of Senior Lawyer.
  • Current Fees to Remain for Federal Circuit Court and Family Circuit Court of Australia
    Posted by Karina Ralston on 1 Jul 2015
    A fee increase proposed from 1 July 2015 for the Federal Circuit Court and Family Court of Australia under the Federal Courts Legislation Amendment (Fees) Regulation 2015 ("the Regulation") has not gone ahead.
  • Employment Law Changes for the New Financial Year
    Posted by Stephen Booth on 29 Jun 2015
    End of financial year is always a busy time of year for businesses. As the new financial year dawns, it's important to be aware of some changes relevant to employment law and what they mean for your business.
  • Beware! Recent Developments to Security of Payment Act 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.
  • Charities benefit from $14,000 windfall thanks to Women in Business
    Posted on 18 Jun 2015
    It’s been a stellar year so far for Women in Business with $14,000 raised for charities - not to mention plenty of inspiration, tips and techniques for achieving success!
  • It’s all in the Family – The ins and outs of Contested Estates
    Posted by Caroline Hutchinson 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.
  • Liquor Laws for the Supply or Sale of Alcohol
    Posted by Peter Stewart on 17 Jun 2015
    Have you wondered if you need a liquor licence for the supply or sale of alcohol? Read on to find out if your business is aware of its obligations in complying with relevant liquor laws.
  • You’re the Registered Owner on the Title - It Doesn’t Guarantee it’s Yours
    Posted by John Cowley on 17 Jun 2015
    A recent High Court decision demonstrates the importance of making sure you have a proper and registered estate or interest in any land under Torrens title in NSW. In the matter of Cassegrain v Gerard Cassegrain & Co Pty Ltd, the High Court explored the extent to which a registered title in land could be set aside when ownership had been achieved though fraud. The real fly in the ointment was that the registered owner hadn’t committed the fraud.
  • Introducing the New Family Court of Australia and Federal Court Circuit Websites
    Posted by Karina Ralston on 15 Jun 2015
    The Family Court of Australia and Federal Circuit Court of Australia websites have received a facelift – including a redesign for easier navigation and a responsive design for mobile and tablet users.
  • The Treatment of Adopted Children in Contested Estate Claims
    Posted by Louisa Daniels on 11 Jun 2015
    A family provision claim (commonly referred to as contesting someone’s Will) seems straightforward enough when the applicant is a child of the deceased, but what happens if the child is adopted?
  • Make Friends Fast in a Retirement Village – Join a Residents Committee!
    Posted by Dean Claughton on 11 Jun 2015
    If you’re moving into a retirement village and want to make friends quickly, then joining the residents committee may be the answer for you!
  • Experiencing a Relationship Breakdown?
    Posted by Karina Ralston on 11 Jun 2015
    If you’re separating or divorcing, it’s important to know these five key time limits under the Family Law Act, so you’re not caught by surprise, and disadvantaged by missing one.
  • 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.
  • Relocation of Children – an update
    Posted by Karina Ralston on 1 Apr 2015
    In this case a mother relocated to Queensland from New South Wales but the Court determined she should return to NSW so the child could develop a meaningful relationship with the father.
  • The Perils of Concrete – what do we do about a hard stand when ending a lease?
    Posted by Andrew Grima on 24 Mar 2015
    The person who is left to remove that hard stand area is faced with a big expense and the removal may lead to the unveiling of contamination that has been hidden.
  • 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'.
  • I'll See You in Court – Four things to consider before litigating
    Posted by Hadi Boustani on 23 Mar 2015
    In this article we look at how we can help you plan the best possible approach to dealing with a commercial dispute – one that will increase your chances of spending the least amount of time and money, and ultimately getting the best commercial outcome.
  • Changes to the Home Building Act are now in force
    Posted on 23 Mar 2015
    Whether you are a builder or endeavouring to embark on your own home construction or renovations, ensure that you are on top of the new requirements under the Act.
  • Unlawful Discrimination – some misconceptions about discrimination in employment
    Posted by Stephen Booth on 23 Mar 2015
    In this article we look at discrimination in practical terms and define what 'unlawful discrimination' really means.
  • Changes to the NSW Home Building Act - How it Affects You!
    Posted by Nick Kallipolitis on 12 Mar 2015
    In mid-2014, the NSW Parliament passed the Home Building Amendment Bill 2014 with most of the amendments starting on 15 January 2015.
  • CG Women in Business celebrate UWS 2015 Women of the West Awards
    Posted on 9 Mar 2015
    Caroline Hutchinson and Liz Giblett celebrated International Women's Day at the presentation of the UWS Women of the West Award and the UWS Young Women of the West Award for 2015.
  • Defining the limits of “bullying” in the Fair Work Commission
    Posted by Stephen Booth on 24 Feb 2015
    Even though there have been very few anti-bullying orders made over the last 12 months since the commencement of the FWC's anti-bullying jurisdiction, a claim is still a potential headache for an employer.
  • The boundaries of adverse action
    Posted by Stephen Booth on 24 Feb 2015
    “Adverse action” or “general protections” claims under the Fair Work Act can be tricky to understand and to contest.
  • Enquiries, reviews and reports
    Posted by Stephen Booth on 24 Feb 2015
    The employment law and industrial relations system is undergoing two major reviews at present.
  • Leaving a Retirement Village - The obligations of both the village operator and yourself
    Posted by Dean Claughton on 17 Feb 2015
    It is important to understand the financial implications that come with departing a retirement village. Find out more about departure fees and charges.
  • Are all contributions during a relationship treated the same way?
    Posted by Karina Ralston on 17 Feb 2015
    In family law property settlements, how does the Court assess the various 'contributions' that have been made by couples? For example, how do financial contributions compare to contributions made by the homemaker and parent?
  • 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.