News & Useful Information

The ACCC recently released a Disclosure practices in food franchising report, following it, undertaking targeted compliance checks on twelve different franchisors in the food services sector, due to concerns that prospective franchisees were not being provided with adequate disclosure.

Foodco have recently worked creatively with the Fair Work Ombudsman to achieve system wide compliance within its franchise network.

Franchisors cannot recruit franchisees without an updated Disclosure Document, so it’s important that franchisors are aware of this update.

Professor Michael A Adams has developed a theory called The Three Pillars of Good Corporate Governance that focuses on three key areas: Corporate Governance, Due Diligence and Compliance Programs.

Coleman Greig is thrilled to announce that the firm is a finalist for this year’s Lawyers Weekly Women in Law Awards, for Diversity Law Firm of the Year.

Can an employer ever sack an employee by text message or other digital means such as email? Recently The Fair Work Commission has shed some light on this issue with some recent decisions.

When an employee makes a claim against their employer, you should know exactly what the claim is, the evidence they intend to rely on and the remedy or outcome they seek. This article discusses what to do if these things aren’t clear, citing the case of Haque v Jabella Group.

Ever wondered if your employer is storing your personal data and information? A recent decision by the Fair Work Commission Full Bench has analysed closely whether employers can legally collect and store their employees’ data.

This article outlines how much redundancy an employer is obligated to pay and what exceptions there might be to paying redundancy when an employer terminates an employee's employment contract.

Coleman Greig was announced as Outstanding Law Firm of the Year at the Women Lawyers Association of NSW Awards on Friday 23 August, 2019.

Former Senator and leader of the Australian Democrats, Natasha Stott Despoja AO, joined guests at a Coleman Greig Women in Business event on Friday, 16 August 2019 to share her career highlights with guests, including the work she has undertaken to help prevent violence against women.

In the last 12 months, the ACCC has initiated proceedings against a number of well-known Australian and international businesses in relation to claims made in advertisements and the promotion of the goods and services offered by these companies. This article examines the decisions of some of these cases as well as some actions that have recently been initiated by the ACCC.

The ACCC recently released its Digital Platforms Inquiry which, although focused on the impact of digital platforms (Google and Facebook) on competition in the media and advertising markets, also touched upon privacy-related issues. Amongst the recommendations, they included the strengthening of protections in the Privacy Act and the privacy law regime in general.

Coleman Greig Lawyers is pleased to announce the recent promotion of seven talented and highly deserving members of Coleman Greig’s professional staff.

The Morrison Government has formed an inter-agency "franchising taskforce" in response to recommendations made by the Parliamentary Joint Committee on Corporations and Financial Services in its report into the franchising sector.

The case of Bar Machiavelli Pty Ltd provides useful guidance regarding an assignment of lease if you’re thinking of selling your franchise or offloading a company owned store.

Underpayments arising from misapplied or outdated enterprise agreements are a fertile field for class actions. If you identify a discrepancy in an employee’s wages you should immediately rectify it.

If you are a landlord that has a property portfolio financed, you can expect that your financier will look closely at rental returns. Consequently, it is critical to carefully consider the basis on which your rent is being determined and the circumstances in which valuations can be challenged. 

Asset rich and cash poor is a common position amongst our ageing population. This article outlines the possible options for someone who is asset rich and cash poor but needs or wants to access liquid funds, or can no longer stay in the family home.

Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.

Coleman Greig is thrilled to announce that the firm is a Finalist in this year's Women Lawyers Association of NSW Awards for Outstanding Law Firm of the Year.

Coleman Greig is proud to announce that we have been selected as a finalist in two separate categories in the 2019 Lawyers Weekly Australian Law Awards: Boutique Law Firm of the Year and Wellness Initiative of the Year!

An employee who swears will not always give an employer grounds for termination, although swearing coupled with the additional ingredients of intimidating, aggressive or threatening conduct or actions towards another employee may be a risk to the health and safety of that employee, or indeed constitute a breach of either workplace harassment policies or a code of conduct.

Australia's immigration intake was an unsurprisingly hot topic throughout the recent election campaign period, and now that Scott Morrison's Coalition government has emerged victorious, the Australian public has been left asking the question: "what should we expect Australia's immigration policy to look like?".  

We are about to step into a new financial year, which means that numerous reference points relevant to employment law will alter due to annual indexation and changes to the law.

Recent cases involving Jack de Belin and Israel Folau have cast some interesting light on some of the issues that arise when an employer finds an employee engaging in out-of-work hours conduct that infringes on a code of conduct, and wants to enforce the code or policy.

As the new financial year approaches take some time and review those key aspects of your business to ensure a successful year ahead.

Typically, one question tends to arise during the period immediately following someone's death: "who is responsible for disposing of the deceased's body?" - with this often being accompanied by another question; "how will the deceased's remains be disposed of?" If the deceased made a Will, the answer to the "who" question is found in the case of Smith v Tamworth City Council and Ors [1997] NSW 197.  The person named as an Executor within the deceased's Will is responsible for administering the deceased's estate and holds the responsibility of deciding how to dispose of the deceased's remains.

It is crucial for parties to parenting disputes to understand that if deep-seeded emotions and criticisms of others sit at the forefront, co-parenting can become an extremely difficult process - not just for the parents, but for the children - who all too often get swept up in proceedings.

Australia’s housing affordability problem is complex and requires immediate attention. However, as is generally the case, the pre-election promises of politicians should be taken with a grain of salt – and with this in mind, it is important for the proposed scheme to be carefully examined.

Coleman Greig Principal Director and head of Western Sydney's leading Family Law team, Malcolm Gittoes-Caesar, has been presented with the Lawyers Weekly 2019 Family Law Partner of the Year award, at a black-tie ceremony held on Thursday 30 May at The Star in Sydney.

Western Sydney's leading law firm, Coleman Greig Lawyers has opened its third full-service office within the Greater Sydney region, at 121 Henry Street, Penrith.  The state-of-the-art office will house a team of experienced lawyers and support staff dedicated to providing a full range of CBD-style legal services to clients across the Nepean region.

While Governments throughout Australia have been attempting to tackle the issue of housing affordability for years, the recently released 'Home In Western Sydney Housing Affordability and Homelessness Insights April 2019' report leaves us in no doubt that there is a real need for Western Sydney to put this issue at the forefront.  

A business owner might look towards selling their business for a variety of reasons. The choice might be triggered by an expression of interest, or simply a decision based on the ripeness of the market.  Sometimes, the sale is forced on a business owner due to circumstances outside their control or having come out of a dispute between business partners.  To get the most value for your business, it is important to conduct due diligence in order to ensure that it is ready for sale. This article outlines Coleman Greig's top 5 tips for getting your business 'sale ready'.

Conflicts often arise between businesses and the providers of their software solutions. Unfortunately, what often follows is that the software implementations are stalled and delayed, there are losses to productivity, wasted expenditure on investment, significant legal fees, and unfulfilled expectations and disappointment on both sides of the fence.

Coleman Greig Lawyers is delighted to announce an amalgamation with North-Parramatta’s highly-respected Dooley & Associates Solicitors, effective 1 July 2019.

If you are appointed as a single expert in a property matter being dealt with in the Family Court of Australia, it is important that you read and understand the relevant provisions which govern your appointment.

When a person maintains a home in Australia but lives and works in another country, it can often complicate the assessment of their status as a tax payer. A recent decision by the Full Federal Court has now made it easier for Australians living and working overseas to prove they are no longer tax residents of Australia.

Whilst many of our clients appoint their own children as their Executors - in circumstances where they are looking for an impartial voice, or the will maker is concerned that their family members lack the qualifications directly relevant to the task at hand, people often turn to trusted professional advisors such as accountants, financial planners or lawyers to have them act as their legal personal representative.

Employers managing ill or injured employees have many legal obligations imposed on them, ranging from those under the work health and safety, anti-discrimination and equal opportunity legislation, as well the Fair Work Act 2009 (Cth).

The recent state election has brought with it an increased focus on immigration.  While immigration is usually an area regulated by the Federal government, NSW Premier Gladys Berejiklian has made it a state issue by bringing to the forefront the impact that immigration could potentially have on NSW public infrastructure and housing prices.

The term "redundancy" in an employment context refers to a situation when an employer no longer requires the role that the relevant employee(s) has/have been performing to be performed.  The focus is the job, or the removal of the particular position from the company personnel structure, so it is important to keep in mind that it is quite possible for a redundancy to arise even in circumstances where the duties of a particular position are reallocated to other existing or remaining employees.

Chapter 20 of the Parliamentary Joint Committee on Corporations and Financial Services' Report looks at leasing, and examines the impact of increased rental costs, disclosure of lease arrangements to franchisees, and franchisee rights as sub-lessees or licensees of the franchisor.  In this piece, Commercial Property and Franchising lawyer Andrew Grima looks at the committee's observations, and recommendations with regard to leasing.

On the 14th of March 2019, the Parliamentary Joint Committee on Corporations and Financial Services issued its long-awaited Report into the operation and effectiveness of the Franchising Code of Conduct. Since the last inquiry into franchising was conducted in 2008, the Committee indicated that it is no longer the case of there being "a few bad eggs", but rather, that the problems in franchising are systemic.

Too often, Coleman Greig sees franchisees bypass the vital task of conducting their own due diligence prior to buying a franchise on the basis that it is too expensive, or that it delays the sign-up process.  Instead of viewing due diligence as an expense to the business, franchisees should view the process as an investment, as it provides critical knowledge required to make calculated decisions.

As we draw closer to the construction of Sydney's second airport, Coleman Greig has continued to pay close attention to what will eventually become of the 11,200 hectares known as the Badgerys Creek Aerotropolis.  One point obvious at present is that this upcoming residential and business hub is set to change the face of retail leasing within the Western Sydney region.

The uncertainty of litigation can be frustrating - as it is impossible to guarantee just what will happen, how long the case will take or how much it will cost.  Mediation, on the other hand, is an alternative dispute resolution process with the potential to resolve disputes quickly, affordably and with limited stress for the parties involved.  

Since the Personal Property Securities Act 2009, creditors have looked to perfect their security interests by registering them on the PPSR. Here’s what you should consider when it comes to PPSA registrations.

In November 2018, the NSW parliament passed a bill which is set to amend the Retirement Villages Act 1999 No 81.  These changes were made as a result of the initial inquiry into the retirement village sector, and aim to both extend the rights of residents and increase transparency with regard to village operators.  

Within the context of parenting matters, the overarching question for a Judge to consider is 'what arrangement is in the best interests of the children?'.  This seemingly simple question leads to a number of other, often more complicated questions - especially where the child/ren in question have special needs.

Whilst we know that there are no laws dealing directly with the accessing or transferring of a person's digital assets upon death or incapacity, the number of existing laws that dance around the issue can be incredibly confusing. This article takes a look at how digital assets are handled within the context of the law of wills.

With the Personal Property Securities Register (PPSR) having officially turned 7 years old as of 30 January 2019, Coleman Greig would like to remind our commercial clients that as of and from 30 January 2019, all 7 year PPSR registrations have started to expire.

It's that time of year again, where many of us start to wind down (or in some cases, wind up prior to the Christmas deadlines) and start thinking about whether our house is in order.  As such, Coleman Greig would like to remind you of some of the common pitfalls that we often see in our leasing practice, particularly within the world of franchising. 

With the current climate, the terms ‘franchising’ and ‘franchise’ can often leave a bad taste in one’s mouth. As such, business owners looking to either expand or leverage a successful business in order to achieve further growth will often explore alternative models, such as licensing. While ‘franchising’ and ‘licensing’ may mistakenly be used interchangeably, they are two distinctly different concepts.

It is difficult to ignore the immense amount of press surrounding the recent parliamentary enquiry into the franchising sector and the effectiveness of the Franchising Code of Conduct. The Senate Committee, chaired by Michael Sukkar, has set themselves the task of discovering whether amendments to the Code would result in a more cohesive sector and provide greater support to franchisees.

Dealing with an employee who is not performing to the standard required of someone in their position can be a complex situation, so when you throw into the mix knowledge that they may be suffering from a mental illness, an already difficult situation can become a whole new level of complicated!

The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.

The Fair Work Commission has now finalised the text for the casual conversion clause, which is to be inserted into 84 modern awards which did not already have a casual conversion clause.

The Board of Directors at Coleman Greig Lawyers is excited to announce the appointment of Andrea Galloway as Non-Executive Director, effective as of 31 October 2018.  Andrea is both an executive and non-executive director with more than 35 years' experience across a number of sectors, including technology, housing and professional services.

When a party to either a marriage or de-facto relationship has control over a family business, the breakdown of the relationship will often lead to the operation of the business coming under close scrutiny as part of a subsequent property dispute. This piece looks at just what happens to the family business following a separation.

With the Notifiable Data Breach Scheme having now been in operation for close to 9 months, Coleman Greig has decided to take a detailed look at what the current statistics are saying, as well as what organisations are able to glean from them in order to effectively protect both themselves and their clients from cyber-attacks.

There has been a lot of recent publicity surrounding Kenneth Hayne's Royal Commission into the Misconduct of Banking, Superannuation and Financial Services Industry.  Although the Commission commenced on 14th December 2017, and is meant to be completed by February 2019, the publishing of the 'Interim Report' on 28 September 2018 delivered a lot of food for thought for both accountants and financial planners.

Deciding whether or not to commence legal proceedings can often be a difficult decision. To assist with this, applications for preliminary discovery can be made to obtain documents from a prospective defendant, which often provides insight into whether or not proceedings should be commenced.

Despite some initial resistance and teething problems, most practitioners in the wider community have been part of a general push towards e-conveyancing, as the 'word on the street' is that all transactions will be required to take place on the e-platform by 1 July 2019.

On 18 March 2018, the Temporary Work (Skilled) (subclass 457) visa, more commonly known as the ‘457 visa’ was abolished and replaced with a new skilled visa scheme, called the Temporary Skill Shortage (subclass 482) visa (‘TSS visa’). Now that the dust has somewhat settled, employers are once again enquiring about the requirements for sponsoring skilled workers.

If the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 is passed by the parliament, new legislation will see major amendments to the Corporations Act 2001, creating an expanded regime under which both public and large private corporations will be required to implement internal whistleblower policies.

Participants in Western Sydney's Largest charity race, the Coleman Greig Challenge, set a new record on Friday 21 September 2018, raising over $231,000 for children with special needs and newborn care. 

Although the wheels are still in motion and we are yet to see the final product, the Financial Services Royal Commission is already forcing changes within the banking industry which are likely to significantly slow lending, and which have already caused a drop in the value of Australian property.  

The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. With this in mind, we have put together a guide to help walk you through the basic steps involved in administering a deceased estate.

When the High Court disregarded the Binding Financial Agreement in the Thorne v Kennedy case of November 2017, discussion arose over whether pre-nups will hold up in court. Here’s what you need to know about the case.

Under the Franchising Code of Conduct, a Franchisor is required to update their Disclosure Document annually, within 4 months following the end of the financial year.  If your financial year ends 30 June, the Disclosure Document for your franchise network needs to be updated on or before 31 October 2018.

Alongside the recently implemented changes in the Federal Circuit Court and Family Court systems, court staff are now looking to streamline the online filing process in order to ensure that both solicitors and self-represented litigants have an efficient method available to provide the court with documents.

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.

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.

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.

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.

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.

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.

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.

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).

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?

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.

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?

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.

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).

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.

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.

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.

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.

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.

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.

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?

Most people immediately think about legal action when they hear the phrase "debt recovery". While formal proceedings are certainly one way in which a debt can be pursued, it is not always the best way. Court proceedings are typically time consuming and expensive.

Many businesses, particularly those that are struggling with cash flow, overlook some of the simplest debt prevention tools.   One of the easiest ways to immediately improve cash flow is to design (or simply decide upon), implement and routinely use good billing practices.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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? 

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.

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.

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.  

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.

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.

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.

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.

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.

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.

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.

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.

As we enter the Yuletide season, avoid the strain that it brings by seeking to recover unpaid debts early.

The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. Once Probate has been granted, the Executor of a deceased estate must collect the deceased's assets and take steps to pay any debts or taxes - including income tax - owed by the deceased.

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.

One of the most important payments a franchisee will make is the ongoing franchise fee, typically known as the royalty fee.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

There are a number of changes that you should be aware of under the Fair Work Amendment (Protecting Vulnerable Workers) Act 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.

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.

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.

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.

Coleman Greig is thrilled with the recent recognition of two of its Principals, Malcolm Gittoes-Caesar and Caroline Hutchinson, in industry awards.

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.

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.

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.

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 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.

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.

Coleman Greig is proud to have supported aspiring lawyers in the region at Western Sydney University’s Law School Awards.

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.

In this article we look at the potential impact that a franchisee’s conduct may have on a franchisor.

A guide for franchisees to navigate you through a relocation or demolition clauses in a retail lease.

Coleman Greig is thrilled to announce the promotion of four of our talented lawyers.

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.

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.

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.

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 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.

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.

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.

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”?

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.

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.

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.

There are five significant steps which Courts will generally follow when determining the division of the matrimonial asset pool.

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.

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.

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."

The ACCC has commenced a number of proceedings on misleading and deceptive practices, unconscionable conduct, and unfair contract terms affecting small businesses.

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.

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.

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. 

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.

The Fair Work Ombudsman is running proceedings regarding employee underpayment against an employer’s accountant, Ezy Accounting 123 Pty Ltd.

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?

Franchising and leasing are intertwined. Amendments to the Retail Leases will have significant implications for both franchisors and franchisees.

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.

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.

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.

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’.

Unpaid work experience can be legitimate but when does it cross the line into exploitation?

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.

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?

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.

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.

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.

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. 

Coleman Greig is thrilled to announce the promotion of Rosemary Carreras to Principal Lawyer, 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.

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’.

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.

What is the impact of hostile or unhealthy communication between divorced or separated parties on parenting arrangements?

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’.

The Principals at Coleman Greig are excited to announce the appointment of a new Principal Lawyer 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.

Adam West, a new Family Law Principal Lawyer 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.

Can a franchisor compel franchisees to pay for costly store fit outs and renovations of stores?

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.

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?

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.

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.

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.

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?

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).

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.

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.

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.

An agreement reached between the Fair Work Ombudsman and 7-Eleven last week is set to introduce a new standard for franchising in Australia.

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.

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.

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.

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.

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.

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.

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.

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.

We’ve identified five pitfalls to avoid when you’re appointed as the executor of an estate.

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.

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 is thrilled to announce that we have debuted in the ninth annual Great Place to Work Survey – Best Places to Work Australia.

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.

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.”

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.

The Full Bench of the Fair Work Commission recently dealt with this situation in the case of Lion Dairy and Drinks Milk Ltd v Peter Norman.

We 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.

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.

Your company's constitution and the deed for your trust are the rule books by which you must operate the business. If you don't know what these documents say about all manner of issues, your business can be hamstrung.

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. 

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.

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?

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.

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.

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.

This year proved to be a busy year for the Parramatta Registry. Please read for information regarding the Registry in 2016.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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.

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.

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.

Coleman Greig is excited to be a Finalist in the Lawyers Weekly Australian Law Awards: Boutique Law Firm of the Year!

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.

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.

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.

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.

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.

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.

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.

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.

Often, upon separation, as a consequence of isolation from family and friends, financial burdens or family violence, one party wishes to move away with the children of the relationship to gain a fresh start.

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 has been named a finalist in the 2015 Australasian Law Awards in the category of 'Australian Boutique Firm of the Year'.

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.

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.

In this article we look at discrimination in practical terms and define what 'unlawful discrimination' really means.

In mid-2014, the NSW Parliament passed the Home Building Amendment Bill 2014 with most of the amendments starting on 15 January 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.

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.

“Adverse action” or “general protections” claims under the Fair Work Act can be tricky to understand and to contest.

The employment law and industrial relations system is undergoing two major reviews at present.

It is important to understand the financial implications that come with departing a retirement village. Find out more about departure fees and charges.

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?

The success of your business if often dependent on its location. When you find a premise in the right location it is tempting to agree to the lease without thinking about what you might be accountable for at the end of your lease. It is essential that you review the make good obligations as set out in the lease and take the time to understand your obligations when exiting the premises as well as during your time as tenant.

The long awaited amendments to the Building & Construction Industry Security of Payments Act 1999 NSW (SOPA) are now in effect and Principal Contractors, Builders and Subcontractors should all be aware.

The Principals and staff of Coleman Greig are delighted to announce that after being named Best Law Firm in Australia (revenue under $50 million) in the BRW Client Choice Awards 2013 we were also named Best Provider to the Manufacturing Sector and Best Provider to the Professional Services Sector for 2014.

A recent case before the Fair Work Commission dealt with the issue of redundancy and suitable alternative employment. In Szanto v ISS Facility Services Pty Ltd the FWC clarified the application of sections 119 and 120 of the Fair Work Act 2009 in deciding whether a redundancy payment should be made.

The General Protections provisions of the Fair Work Act 2009 state that an employer must not take any adverse action against an employee (or prospective employee) because of his or her race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Coleman Greig has recently dealt with several matters where a person who has agreed to guarantee a borrowers loan has been held liable for the debt owed to the lender because the borrower was unable to make loan repayments, notwithstanding that the gurantor obtained no benefit whatsoever from the funds borrowed. This typically happens when family and friends are called upon to assist with someone business or investment aspirations.

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.

The team at Coleman Greig is proud to have been recognised as the Best Law Firm in Australia (revenue less than $50 million) in the 2013 BRW Client Choice Awards!

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

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

The Building and Construction Security of Payment Act 1999 (“the Act”) is one of the shortest yet most litigated pieces of legislation. This article provides an overview for anyone involved in the industry.