News & Useful Information

Coleman Greig is proud to announce that Family Lawyer and Associate Jacob Smith was the Winner at this year’s 'Lawyers Weekly 30 Under 30 Awards' in the category of Family Law.

Coleman Greig is thrilled to announce that Associate and Family Lawyer Jacob Smith is a finalist for this year’s ‘Lawyers Weekly 30 Under 30 Awards’.

In this article, Senior Associate Dean Claughton explains the Residential Tenancies Amendment and outlines what residential landlords and tenants need to know.

Coleman Greig is thrilled to announce that the firm has won the ‘Employer of Choice’ HRD award.

On 12 February 2020 Revenue NSW issued Revenue Ruling DUT 046 on the deceased estates concession in s 63 of the Duties Act 1997 (NSW). In this article, Tax Team Leader Dung Lam and Lawyer, Annelise Jeromala review the ruling which provides some very helpful guidance but also contains a few traps.

In civil litigation, the wording of an order for costs is important and determines what costs are payable and by whom. In this article, Lawyer, Harkiran Kaur breaks down the meaning of some of these common orders.

The objectors’ voices have been heard and we now have a more accommodating Bill, State Revenue Further Amendment Bill 2020 (NSW) (“the 2020 Bill”) awaiting Royal assent which Principal Lawyer Rosemary Carreras explains in more detail.

Coleman Greig Lawyers have partnered with The Westmead Institute for Medical Research (WIMR) to provide ongoing pro-bono legal services with respect to their Gifts in Wills program and will assist those wishing to make bequests to the Institute.

Family or discretionary trusts are good for tax planning and asset preservation, but there is so much more to them. In this article, Tax Team Leader Dung Lam outlines the key rules you need to know to ensure that your trust will function in the way that you want it to.

Coleman Greig can work with you to establish a Child Maintenance Trust that offers tax benefits to both the parent making maintenance payments and the family receiving maintenance payments. In this article, Tax Team Leader Dung Lam outlines what you need to consider when establishing a Child Maintenance Trust.

As the situation with COVID-19 continues to evolve, we want to reassure you that the firm is fully resourced to support and service our clients.

As a franchisor, do you always follow the code? Senior Associate Catherine Sedgley outlines what went so wrong for Geowash and what you need to be aware of when communicating with prospective franchisees.

When purchasing a franchise, franchisees should take the time to read through the franchise agreement and the franchisor’s disclosure document. In this article, Senior Associate Catherine Sedgley outlines the 10 terms a franchisee should look for in their franchise agreement.

Principal Lawyer Andrew Grima outlines the importance of both franchisees and franchisors understanding their rights, particularly when it comes to essential terms such as increases in rent and refurbishment costs.

In this article, Principal Lawyer Andrew Grima outlines the key legislation that supports the repayment of deposits made.

On 5 February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (the ‘Bill’) was finally passed by both Houses of Parliament. The Bill (awaiting Royal assent) introduces mechanisms to discourage illegal Phoenix activity and punish those facilitating such activity. In this article, Principal Lawyer Malcolm Campbell outlines the proposed amendments.

Associate Maria Yum addresses how a winding up order can be brought to an end by the Court – either via a court application to have the winding up order set aside or a court application to have the winding up order stayed or terminated.

Over 300 business professionals attended two Coleman Greig Economic Forums in Western Sydney this week to hear about the current factors that are impacting the Australian economy and what we can expect to see as we move through 2020.

Australia taxes you differently depending on whether you are an Australian tax resident or a non-resident. In our latest tax article, Tax Team Leader Dung Lam and Lawyer Annelise Jeromela explain what the tax planning opportunities and pitfalls are when you change your tax residency.

Coleman Greig is proud to announce that Principal Lawyer Emma Macfarlane was named 2020 Campbelltown Citizen of the Year on the 26 January 2020 at Campbelltown Council’s Australia Day civic ceremony.

From time to time an employer has an employee who fails to attend work for one or more days, with no communication or reason given. In this article, Principal Lawyer Stephen Booth outlines what your rights are as an employer when it comes to employees not showing up to work.

It can be hard and time consuming trying to find the right person for a role. What if the perfect person for the role is on a Working Holiday Visa that is due to expire? Read on to find out what you can do to extend the worker's employment in Australia.

Underpayments are at the top of many people’s minds, especially the Ombudsman. In this article, Lawyer Shanni Zoeller advises how your company can avoid making the headlines.

On Friday, 29 November the Coleman Greig Women in Business community gathered at Rydges Hotel, Norwest in support of men’s health and raised over $6,000 for Movember!

In this article, Lawyer Shanni Zoeller discusses all you need to know regarding parental leave entitlements including notice period, unpaid special maternity leave, evidence requirements and replacement employees.

Unlike the 7-Eleven style exploitation cases, Woolworth's fell foul of the Award due to some of their full-time salaried employees being paid an ‘all up rate’. In this article, Senior Associate Dominic Russell explains what actually happened.

In this article, Employment Lawyer and Registered Migration agent, Lisa Qiu outlines what is involved in sponsoring, hiring or firing someone on a TSS (Temporary Skill Shortage) visa.

Coleman Greig Lawyers is delighted to announce an integration with specialist law firm Argyle Lawyers, effective 2 December 2019. The integrated Coleman Greig will now offer expertise in Federal, State and International tax advice, negotiation and risk management, as well as superannuation and trusts.

Where a party has not provided full and frank disclosure of their financial affairs in family law proceedings, a way to obtain these financial documents is for a party to serve a subpoena. In this article, Senior Associate Anna D'Addona and Lawyer Danielle Borg outline what accountants need to do if served with a subpoena.

Principal Lawyer Rosemary Carreras advises with the impending changes to surcharge duty and land tax, clients with Wills incorporating testamentary trusts should consider making amendments prior to 31 December 2019 and definitely no later than the date which is 2 years from when the new law comes into effect.

Grouping provisions under the Payroll Taxation Act are often misunderstood. In this article, Senior Associate Krishneel Nath and Lawyer Harkiran Kaur explain Payroll Tax Grouping Provisions in simple terms.

If you or a client is thinking about purchasing an off-the-plan apartment, you need to read this article written by Senior Associate Dean Claughton and Licensed Conveyancer Barbara Shafton, on how to best handle the common difficulties that often arise when purchasing off-the-plan.

There is currently a bill before the NSW parliament that deems all discretionary/family trusts to be ‘foreign persons’. If your trust holds or is likely to hold residential land and it has not been amended to exclude foreign beneficiaries, you should discuss this with Coleman Greig’s Commercial Advice team, as a matter of urgency.

Professor Michael Adams, Head of UNE Law School unpacks the details of the Banking Royal Commission.

Sometimes you should fight for what is right. In this article, Principal/Director Caroline Hutchinson explains how and when litigation can viewed as a business investment, which can have a number of positives outcomes that you may not have previously considered.

When entering into any type of contract, the last thing that either party wants is a ‘contractual surprise’. Principal Lawyer Rebecca Hegarty, discusses the case of Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd.

Coleman Greig is the only Australian member firm of First Law International, which is an elite global network, made up of over 75 independent full-service, high quality law firms who connect clients globally.

Did you know that Pablo Picasso, Abraham Lincoln, Martin Luther King Jr, Jimi Hendrix, Michael Jackson and Prince all died without a Will? You might be thinking if such high profile and net worth people didn’t have a Will, you too may be excused from making one, but that’s incorrect. You should have a Will and continuously review it.

If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required.

In February this year we informed you about changes to the retirement village legislation that took place on 1 July. The two key proposed reforms involve exit entitlements and recurrent charges rules. These reforms aim to lessen the financial burden for residents wishing to leave their retirement village premises.

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.

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.

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.

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.

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.

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.

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

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.