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by Warrick McLean
on 7 Jan 2021
Coleman Greig Lawyers is thrilled to announce the recent promotion of seven dedicated and highly talented members of the firm.
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Posted
by Tim McGrath
on 14 Dec 2020
In this article, Insolvency law expert Tim McGrath discusses the proposed changes to small business restructuring and liquidation reforms that were recently announced by the Commonwealth government.
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by Richelle Massey
on 14 Dec 2020
In this article, Associate Richelle Massey outlines the relevant bodies and regulations that businesses operating in Australia need to comply with when it comes to Australian Competition and Consumer Law.
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by Shawn Skyring , Lisa Qiu
on 14 Dec 2020
Anyone who is not an Australian citizen or permanent resident, will need to apply for and be granted a visa to come to Australia. In this article our expert lawyers cover everything you need to know about business migration in Australia.
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by Shawn Skyring , Lisa Qiu
on 14 Dec 2020
Across Australia, the Fair Work Commission regulates minimum conditions of employment across all industries. Our expert lawyers provide their top tips for avoiding any potential breaches of the Fair Work legislation.
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by Warrick McLean
on 7 Dec 2020
Coleman Greig Lawyers is making a bold move to relocate their headquarters to the new and sustainably designed $300 million 32 Smith Street Tower.
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by Patrick Huang
on 3 Dec 2020
It is important to be aware of and understand the tax implications that can arise from how you choose to leave your estate. CGT Event K3 is just one of those tax implications that applies in the context of "non-resident beneficiaries". In this article, Senior Associate Patrick Huang shows that this can be managed.
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by Warrick McLean
on 1 Dec 2020
Coleman Greig’s Head of Family Law and Principal Director, Malcolm Gittoes-Caesar has been presented with the Lawyers Weekly Family Law Partner of the Year award and the Wellness Advocate of the Year award.
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by Rebecca Hegarty
on 25 Nov 2020
In this article, Principal Lawyer Rebecca Hegarty, explains some of the key considerations businesses should factor when investing in Australia, such as key contracts, guarantees, security interests and corporate governance.
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Posted
by Morris Maroon
on 25 Nov 2020
In this article, Principal Lawyer Morris Maroon, outlines what tax implications new entrants can expect when investing or carrying on an enterprise in Australia.
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by Melissa McGrath, Catherine Sedgley
on 25 Nov 2020
In this article, Principal Lawyer Melissa McGrath and Senior Associate Catherine Sedgley summarise the intellectual property laws of Australia and what international brand owners should consider to protect their business in Australia.
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by Lindsey Roberts
on 23 Nov 2020
In this article, Lawyer Lindsey Roberts outlines what a compliant party can do when another party is failing or refusing to meet their obligations and agreement.
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by Warrick McLean
on 18 Nov 2020
Coleman Greig Lawyers is honoured to be listed in the top 25 best law firms to work for in 2020. The top 25 firms have been revealed in Australasian Lawyer's second annual Employer of Choice ranking.
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by Warrick McLean
on 4 Nov 2020
Coleman Greig is excited to announce that Family Law Accredited Specialist, Amanda Malinowsky has been named a finalist in the ‘Senior Associate of the Year - SME Law’ category and Family Lawyer Madison Kelly has been recognised as a finalist in the ‘Rising Star of the Year - SME Law’ category.
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by Warrick McLean
on 2 Nov 2020
Doyles’ Guides Leading Wills, Estates and Succession Planning Lawyer, Andrew Aitken has joined Coleman Greig Lawyers, as of 2 November 2020.
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by Dung Lam
on 30 Oct 2020
Has your SMSF breached superannuation law? In our latest article, Special Counsel Dung Lam outlines everything you need to know about engaging early with the ATO, penalties involved and the vital points raised by the Practice Statement.
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by Warrick McLean
on 15 Oct 2020
Lawyers Weekly’s Partner of the Year Awards showcases outstanding performance by partners, or partners equivalent, across individual practice areas within the Australian legal profession.
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Posted
by Catherine Sedgley
on 13 Oct 2020
In this article, Senior Associate and Franchising expert Catherine Sedgley outlines restraint clauses in franchise agreements and the impact they can have on your business and future career prospects and opportunities.
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by Catherine Sedgley
on 13 Oct 2020
Are you a franchisor or franchisee? Senior Associate and Franchising expert Catherine Sedgley outlines the key changes the Government is proposing to make to the Franchising Code of Conduct.
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by Warrick McLean
on 8 Oct 2020
Coleman Greig Lawyers is excited to announce that the firm has been recognised as an Employer of Choice in The Australian Business Awards 2020.
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by Warrick McLean
on 7 Oct 2020
Greater Western Sydney businesses and the local community rallied together and raised over $100,000 last week through the Coleman Greig Virtual Challenge to support Westmead Hospital Foundation and St Gabriel’s School, Castle Hill.
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Posted
by Richelle Massey
on 7 Oct 2020
In our latest article, Senior Associate Richelle Massey outlines the case where eyewear and optometry retailer Oscar Wylee was penalised for making misleading charitable claims.
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Posted
by Melissa McGrath
on 6 Oct 2020
Can an emoji be defamatory? In our latest article, Principal Lawyer Melissa McGrath outlines what you need to know when it comes to the latest defamation case where a 'zipper face' emoji was used in response to an online comment.
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by Richelle Massey
on 28 Sep 2020
In this article, Associate Richelle Massey outlines how Health Engine breached the Australian Consumer Law and was ordered to pay $2.9 million in penalties. If you are a business owner, read on to find out what you need to be aware of when it comes to consumer information.
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by Melissa McGrath
on 23 Sep 2020
NSW Parliament is the first jurisdiction in Australia to legislate the Model Defamation Amendment Provisions 2020. In this article, Principal Lawyer Melissa McGrath explains what the defamation law reforms hope to achieve and the key implications for business owners.
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by Catherine Sedgley
on 9 Sep 2020
If you are a franchisor or franchisee, you will want to pay attention and be abreast of the key changes the Government is proposing to make to the Franchising Code of Conduct.
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by Luke Mitchell
on 11 Aug 2020
It is not too late to take action to avoid the imposition of Surcharge Purchaser Duty and Surcharge Land Tax. While there is still time to amend your Discretionary Trust Deed, the clock is ticking and we recommend taking action well before the deadline of 31 December 2020.
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by Richelle Massey
on 6 Aug 2020
From July 2021, the definition of a consumer is changing, meaning more businesses will need to be aware of and comply with the consumer guarantee regime.
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by Peter Bobbin , Elizabeth Burnheim
on 4 Aug 2020
In our latest article, Principal Lawyer Peter Bobbin and Senior Associate Elizabeth Burnheim explain how to make the most of the Superannuation Guarantee Charge Amnesty before the 7 September 2020 deadline.
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by Dean Claughton
on 24 Jul 2020
Want to learn more about residential and commercial developments in Campbelltown-Macarthur area? For more details please contact us on +61 2 9895 9200.
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by Warrick McLean
on 22 Jul 2020
Coleman Greig Lawyers is incredibly proud to announce the firm has been ranked number 22 in the Top 50 Best Places to Work in Australia (100-999 employee category). As the only law firm in the top 25 it makes this achievement even more rewarding.
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by Andrew Grima
on 22 Jul 2020
In this article, Principal Lawyer Andrew Grima discusses the impact that COVID-19 is having on both the retail and franchising sector and what you should be aware of as a tenant.
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Posted
by Krishneel Nath
on 22 Jul 2020
In this article, Senior Associate Krishneel Nath explains when the unfair term provisions under the Australian Consumer Law (“ACL”) may apply to franchise agreements. He also outlines what is considered as an 'unfair term'.
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by Catherine Sedgley
on 22 Jul 2020
Under the Franchising Code of Conduct, the Disclosure Document for your franchise network needs to be updated on or before 31 October 2020. Franchisors cannot recruit franchisees without an updated Disclosure Document – so it’s important that franchisors are prepared.
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by Peter Bobbin
on 20 Jul 2020
In this article Principal Lawyer Peter Bobbin outlines the factors one should consider when setting up a family discretionary trust.
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by Rebecca Hegarty
on 20 Jul 2020
In this article Principal Lawyer Rebecca Hegarty explains the Director Identification Number regime which will be implemented in the first half of 2021.
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by Warrick McLean
on 14 Jul 2020
Coleman Greig is delighted to announce that Senior Legal Clerk, Wendy Cousens has been named a finalist in the Lawyers Weekly Australian Law Awards 2020 in the category of ‘Legal Support Professional of the Year’.
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Posted
by Danielle Borg
on 1 Jul 2020
In this article Lawyer Danielle Borg outlines the latest changes to the Courts and the increase in fees from 1 July 2020.
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by Warrick McLean
on 29 Jun 2020
It’s the end of an era as the team at Coleman Greig wishes long-serving Principal Lawyers Stephen Booth and Peter Stewart a very happy and healthy retirement from 30 June 2020.
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Posted
by Warrick McLean
on 29 Jun 2020
Coleman Greig Lawyers is thrilled to announce the recent promotion of seven dedicated and highly talented members of the firm.
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Posted
by Warrick McLean
on 29 Jun 2020
As the end of the financial year draws to a close, we would like to take a moment to reflect on some of the positive outcomes we have collectively achieved within the community over the past year.
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Posted
by Peter Bobbin , Elizabeth Burnheim
on 25 Jun 2020
In this article Principal Lawyer Peter Bobbin and Senior Associate Elizabeth Burnheim bust the urban myth that Super is a protected investment as they outline the tax debts and creditor claims that your Super is often exposed to.
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Posted
by Andrew Grima
on 22 Jun 2020
In this article Principal Lawyer Andrew Grima outlines the current state of the commercial leasing world and what the future may look like.
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Posted
by Morris Maroon
on 22 Jun 2020
In this article Tax Team Leader Morris Maroon, outlines the factors for consideration when managing your Australian & Foreign tax residency status.
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by Andrew Grima, Rebecca Hegarty, Morris Maroon , Dung Lam
on 11 Jun 2020
As the new financial year approaches take some time and review those key aspects of your business to ensure a successful year ahead.
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Posted
by Warrick McLean
on 4 Jun 2020
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.
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by Warrick McLean
on 12 May 2020
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’.
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Posted
by Dean Claughton
on 24 Apr 2020
In this article, Senior Associate Dean Claughton explains the Residential Tenancies Amendment and outlines what residential landlords and tenants need to know.
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by Warrick McLean
on 22 Apr 2020
Coleman Greig is thrilled to announce that the firm has won the ‘Employer of Choice’ HRD award.
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Posted
by Dung Lam, Annelise Jeromela
on 7 Apr 2020
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.
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by Harkiran Kaur
on 1 Apr 2020
In civil litigation, the wording of an order for costs is important and determines what costs are payable and by whom. In this article, Lawyer, Harkiran Kaur breaks down the meaning of some of these common orders.
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by Rosemary Carreras
on 30 Mar 2020
The objectors’ voices have been heard and we now have a more accommodating Bill, State Revenue Further Amendment Bill 2020 (NSW) (“the 2020 Bill”) awaiting Royal assent which Principal Lawyer Rosemary Carreras explains in more detail.
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by Warrick McLean
on 29 Mar 2020
Coleman Greig Lawyers have partnered with The Westmead Institute for Medical Research (WIMR) to provide ongoing pro-bono legal services with respect to their Gifts in Wills program and will assist those wishing to make bequests to the Institute.
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by Dung Lam
on 25 Mar 2020
Family or discretionary trusts are good for tax planning and asset preservation, but there is so much more to them. In this article, Special Counsel 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.
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by Dung Lam
on 25 Mar 2020
Coleman Greig can work with you to establish a Child Maintenance Trust that offers tax benefits to both the parent making maintenance payments and the family receiving maintenance payments. In this article, Tax Team Leader Dung Lam outlines what you need to consider when establishing a Child Maintenance Trust.
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by Warrick McLean
on 19 Mar 2020
As the situation with COVID-19 continues to evolve, we want to reassure you that the firm is fully resourced to support and service our clients.
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Posted
by Catherine Sedgley
on 10 Mar 2020
As a franchisor, do you always follow the code? Senior Associate Catherine Sedgley outlines what went so wrong for Geowash and what you need to be aware of when communicating with prospective franchisees.
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by Catherine Sedgley
on 10 Mar 2020
When purchasing a franchise, franchisees should take the time to read through the franchise agreement and the franchisor’s disclosure document. In this article, Senior Associate Catherine Sedgley outlines the 10 terms a franchisee should look for in their franchise agreement.
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by Andrew Grima
on 10 Mar 2020
Principal Lawyer Andrew Grima outlines the importance of both franchisees and franchisors understanding their rights, particularly when it comes to essential terms such as increases in rent and refurbishment costs.
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by Malcolm Campbell
on 3 Mar 2020
On 5 February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (the ‘Bill’) was finally passed by both Houses of Parliament. The Bill (awaiting Royal assent) introduces mechanisms to discourage illegal Phoenix activity and punish those facilitating such activity. In this article, Principal Lawyer Malcolm Campbell outlines the proposed amendments.
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by Maria Yum
on 2 Mar 2020
Associate Maria Yum addresses how a winding up order can be brought to an end by the Court – either via a court application to have the winding up order set aside or a court application to have the winding up order stayed or terminated.
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by Warrick McLean
on 28 Feb 2020
Over 300 business professionals attended two Coleman Greig Economic Forums in Western Sydney this week to hear about the current factors that are impacting the Australian economy and what we can expect to see as we move through 2020.
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Posted
by Dung Lam, Annelise Jeromela
on 24 Feb 2020
Australia taxes you differently depending on whether you are an Australian tax resident or a non-resident. In our latest tax article, Tax Team Leader Dung Lam and Lawyer Annelise Jeromela explain what the tax planning opportunities and pitfalls are when you change your tax residency.
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by Warrick McLean
on 5 Feb 2020
Coleman Greig is proud to announce that Principal Lawyer Emma Macfarlane was named 2020 Campbelltown Citizen of the Year on the 26 January 2020 at Campbelltown Council’s Australia Day civic ceremony.
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Posted
by Stephen Booth
on 4 Feb 2020
From time to time an employer has an employee who fails to attend work for one or more days, with no communication or reason given. In this article, Principal Lawyer Stephen Booth outlines what your rights are as an employer when it comes to employees not showing up to work.
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by Lisa Qiu
on 3 Feb 2020
It can be hard and time consuming trying to find the right person for a role. What if the perfect person for the role is on a Working Holiday Visa that is due to expire? Read on to find out what you can do to extend the worker's employment in Australia.
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by Shanni Zoeller
on 31 Jan 2020
Underpayments are at the top of many people’s minds, especially the Ombudsman. In this article, Lawyer Shanni Zoeller advises how your company can avoid making the headlines.
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Posted
by Caroline Hutchinson
on 6 Dec 2019
On Friday, 29 November the Coleman Greig Women in Business community gathered at Rydges Hotel, Norwest in support of men’s health and raised over $6,000 for Movember!
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by Shanni Zoeller
on 3 Dec 2019
In this article, Lawyer Shanni Zoeller discusses all you need to know regarding parental leave entitlements including notice period, unpaid special maternity leave, evidence requirements and replacement employees.
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Posted
by Dominic Russell
on 3 Dec 2019
Unlike the 7-Eleven style exploitation cases, Woolworth's fell foul of the Award due to some of their full-time salaried employees being paid an ‘all up rate’. In this article, Senior Associate Dominic Russell explains what actually happened.
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by Lisa Qiu
on 3 Dec 2019
In this article, Employment Lawyer and Registered Migration agent, Lisa Qiu outlines what is involved in sponsoring, hiring or firing someone on a TSS (Temporary Skill Shortage) visa.
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Posted
by Amanda Malinowsky, Danielle Borg
on 26 Nov 2019
Where a party has not provided full and frank disclosure of their financial affairs in family law proceedings, a way to obtain these financial documents is for a party to serve a subpoena. In this article, Senior Associate Amanda Malinowsky and Lawyer Danielle Borg outline what accountants need to do if served with a subpoena.
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by Rosemary Carreras
on 26 Nov 2019
Principal Lawyer Rosemary Carreras advises with the impending changes to surcharge duty and land tax, clients with Wills incorporating testamentary trusts should consider making amendments prior to 31 December 2019 and definitely no later than the date which is 2 years from when the new law comes into effect.
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Posted
by Krishneel Nath, Harkiran Kaur
on 26 Nov 2019
Grouping provisions under the Payroll Taxation Act are often misunderstood. In this article, Senior Associate Krishneel Nath and Lawyer Harkiran Kaur explain Payroll Tax Grouping Provisions in simple terms.
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by Dean Claughton, Barbara Shafton
on 26 Nov 2019
If you or a client is thinking about purchasing an off-the-plan apartment, you need to read this article written by 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.
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Posted
on 25 Nov 2019
There is currently a bill before the NSW parliament that deems all discretionary/family trusts to be ‘foreign persons’. If your trust holds or is likely to hold residential land and it has not been amended to exclude foreign beneficiaries, you should discuss this with Coleman Greig’s Commercial Advice team, as a matter of urgency.
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Posted
by Michael Adams
on 11 Nov 2019
Professor Michael Adams, Head of UNE Law School unpacks the details of the Banking Royal Commission.
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by Caroline Hutchinson
on 11 Nov 2019
Sometimes you should fight for what is right. In this article, Principal/Director Caroline Hutchinson explains how and when litigation can viewed as a business investment, which can have a number of positives outcomes that you may not have previously considered.
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by Rebecca Hegarty
on 11 Nov 2019
When entering into any type of contract, the last thing that either party wants is a ‘contractual surprise’. Principal Lawyer Rebecca Hegarty, discusses the case of Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd.
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by Warrick McLean
on 1 Nov 2019
Coleman Greig is the only Australian member firm of First Law International, which is an elite global network, made up of over 75 independent full-service, high quality law firms who connect clients globally.
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by Karina Penfold
on 21 Oct 2019
Did you know that Pablo Picasso, Abraham Lincoln, Martin Luther King Jr, Jimi Hendrix, Michael Jackson and Prince all died without a Will? You might be thinking if such high profile and net worth people didn’t have a Will, you too may be excused from making one, but that’s incorrect. You should have a Will and continuously review it.
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by Jacob Smith
on 21 Oct 2019
If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required.
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by Dean Claughton
on 21 Oct 2019
In February this year we informed you about changes to the retirement village legislation that took place on 1 July. The two key proposed reforms involve exit entitlements and recurrent charges rules. These reforms aim to lessen the financial burden for residents wishing to leave their retirement village premises.
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by Catherine Sedgley
on 11 Oct 2019
The ACCC recently released a Disclosure practices in food franchising report, following it, undertaking targeted compliance checks on twelve different franchisors in the food services sector, due to concerns that prospective franchisees were not being provided with adequate disclosure.
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by Stephen Booth
on 11 Oct 2019
Foodco have recently worked creatively with the Fair Work Ombudsman to achieve system wide compliance within its franchise network.
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by Catherine Sedgley
on 11 Oct 2019
Franchisors cannot recruit franchisees without an updated Disclosure Document, so it’s important that franchisors are aware of this update.
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Posted
by Michael Adams
on 1 Oct 2019
Professor Michael A Adams has developed a theory called The Three Pillars of Good Corporate Governance that focuses on three key areas: Corporate Governance, Due Diligence and Compliance Programs.
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by Warrick McLean
on 30 Sep 2019
Coleman Greig is thrilled to announce that the firm is a finalist for this year’s Lawyers Weekly Women in Law Awards, for Diversity Law Firm of the Year.
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Posted
by Shanni Zoeller
on 24 Sep 2019
Can an employer ever sack an employee by text message or other digital means such as email? Recently The Fair Work Commission has shed some light on this issue with some recent decisions.
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by Shanni Zoeller
on 24 Sep 2019
When an employee makes a claim against their employer, you should know exactly what the claim is, the evidence they intend to rely on and the remedy or outcome they seek. This article discusses what to do if these things aren’t clear, citing the case of Haque v Jabella Group.
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by Stephen Booth
on 24 Sep 2019
Ever wondered if your employer is storing your personal data and information? A recent decision by the Fair Work Commission Full Bench has analysed closely whether employers can legally collect and store their employees’ data.
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by Lisa Qiu
on 24 Sep 2019
This article outlines how much redundancy an employer is obligated to pay and what exceptions there might be to paying redundancy when an employer terminates an employee's employment contract.
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by Warrick McLean
on 26 Aug 2019
Coleman Greig was announced as Outstanding Law Firm of the Year at the Women Lawyers Association of NSW Awards on Friday 23 August, 2019.
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Posted
on 22 Aug 2019
Former Senator and leader of the Australian Democrats, Natasha Stott Despoja AO, joined guests at a Coleman Greig Women in Business event on Friday, 16 August 2019 to share her career highlights with guests, including the work she has undertaken to help prevent violence against women.
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by Catherine Sedgley
on 13 Aug 2019
In the last 12 months, the ACCC has initiated proceedings against a number of well-known Australian and international businesses in relation to claims made in advertisements and the promotion of the goods and services offered by these companies. This article examines the decisions of some of these cases as well as some actions that have recently been initiated by the ACCC.
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by Rebecca Hegarty
on 13 Aug 2019
The ACCC recently released its Digital Platforms Inquiry which, although focused on the impact of digital platforms (Google and Facebook) on competition in the media and advertising markets, also touched upon privacy-related issues. Amongst the recommendations, they included the strengthening of protections in the Privacy Act and the privacy law regime in general.
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by Warrick McLean
on 13 Aug 2019
Coleman Greig Lawyers is pleased to announce the recent promotion of seven talented and highly deserving members of Coleman Greig’s professional staff.
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Posted
by Catherine Sedgley
on 29 Jul 2019
The Morrison Government has formed an inter-agency "franchising taskforce" in response to recommendations made by the Parliamentary Joint Committee on Corporations and Financial Services in its report into the franchising sector.
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Posted
by Andrew Grima
on 29 Jul 2019
The case of Bar Machiavelli Pty Ltd provides useful guidance regarding an assignment of lease if you’re thinking of selling your franchise or offloading a company owned store.
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Posted
by Shanni Zoeller
on 24 Jul 2019
Underpayments arising from misapplied or outdated enterprise agreements are a fertile field for class actions. If you identify a discrepancy in an employee’s wages you should immediately rectify it.
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Posted
by Karina Penfold
on 23 Jul 2019
Asset rich and cash poor is a common position amongst our ageing population. This article outlines the possible options for someone who is asset rich and cash poor but needs or wants to access liquid funds, or can no longer stay in the family home.
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by Warrick McLean
on 23 Jul 2019
Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
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by Warrick McLean
on 22 Jul 2019
Coleman Greig is thrilled to announce that the firm is a Finalist in this year's Women Lawyers Association of NSW Awards for Outstanding Law Firm of the Year.
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by Warrick McLean
on 3 Jul 2019
Coleman Greig is proud to announce that we have been selected as a finalist in two separate categories in the 2019 Lawyers Weekly Australian Law Awards: Boutique Law Firm of the Year and Wellness Initiative of the Year!
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by Lisa Qiu
on 26 Jun 2019
Australia's immigration intake was an unsurprisingly hot topic throughout the recent election campaign period, and now that Scott Morrison's Coalition government has emerged victorious, the Australian public has been left asking the question: "what should we expect Australia's immigration policy to look like?".
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by Stephen Booth
on 26 Jun 2019
We are about to step into a new financial year, which means that numerous reference points relevant to employment law will alter due to annual indexation and changes to the law.
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by Stephen Booth
on 26 Jun 2019
Recent cases involving Jack de Belin and Israel Folau have cast some interesting light on some of the issues that arise when an employer finds an employee engaging in out-of-work hours conduct that infringes on a code of conduct, and wants to enforce the code or policy.
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by Rosemary Carreras
on 13 Jun 2019
Typically, one question tends to arise during the period immediately following someone's death: "who is responsible for disposing of the deceased's body?" - with this often being accompanied by another question; "how will the deceased's remains be disposed of?" If the deceased made a Will, the answer to the "who" question is found in the case of Smith v Tamworth City Council and Ors [1997] NSW 197. The person named as an Executor within the deceased's Will is responsible for administering the deceased's estate and holds the responsibility of deciding how to dispose of the deceased's remains.
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Posted
by Megan Day
on 13 Jun 2019
It is crucial for parties to parenting disputes to understand that if deep-seeded emotions and criticisms of others sit at the forefront, co-parenting can become an extremely difficult process - not just for the parents, but for the children - who all too often get swept up in proceedings.
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by Dean Claughton, Stephanie Lynch
on 13 Jun 2019
Australia’s housing affordability problem is complex and requires immediate attention. However, as is generally the case, the pre-election promises of politicians should be taken with a grain of salt – and with this in mind, it is important for the proposed scheme to be carefully examined.
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by Warrick McLean
on 11 Jun 2019
Coleman Greig Principal Director and head of Western Sydney's leading Family Law team, Malcolm Gittoes-Caesar, has been presented with the Lawyers Weekly 2019 Family Law Partner of the Year award, at a black-tie ceremony held on Thursday 30 May at The Star in Sydney.
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by Stephanie Lynch
on 14 May 2019
While Governments throughout Australia have been attempting to tackle the issue of housing affordability for years, the recently released 'Home In Western Sydney Housing Affordability and Homelessness Insights April 2019' report leaves us in no doubt that there is a real need for Western Sydney to put this issue at the forefront.
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by Rebecca Hegarty
on 14 May 2019
A business owner might look towards selling their business for a variety of reasons. The choice might be triggered by an expression of interest, or simply a decision based on the ripeness of the market. Sometimes, the sale is forced on a business owner due to circumstances outside their control or having come out of a dispute between business partners. To get the most value for your business, it is important to conduct due diligence in order to ensure that it is ready for sale. This article outlines Coleman Greig's top 5 tips for getting your business 'sale ready'.
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by Mario Rashid-Ring
on 14 May 2019
Conflicts often arise between businesses and the providers of their software solutions. Unfortunately, what often follows is that the software implementations are stalled and delayed, there are losses to productivity, wasted expenditure on investment, significant legal fees, and unfulfilled expectations and disappointment on both sides of the fence.
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Posted
by Warrick McLean
on 14 May 2019
Coleman Greig Lawyers is delighted to announce an amalgamation with North-Parramatta’s highly-respected Dooley & Associates Solicitors, effective 1 July 2019.
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Posted
by Amanda Malinowsky, Danielle Borg
on 3 Apr 2019
If you are appointed as a single expert in a property matter being dealt with in the Family Court of Australia, it is important that you read and understand the relevant provisions which govern your appointment.
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Posted
by Morris Maroon
on 3 Apr 2019
When a person maintains a home in Australia but lives and works in another country, it can often complicate the assessment of their status as a tax payer. A recent decision by the Full Federal Court has now made it easier for Australians living and working overseas to prove they are no longer tax residents of Australia.
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by Rosemary Carreras
on 3 Apr 2019
Whilst many of our clients appoint their own children as their Executors - in circumstances where they are looking for an impartial voice, or the will maker is concerned that their family members lack the qualifications directly relevant to the task at hand, people often turn to trusted professional advisors such as accountants, financial planners or lawyers to have them act as their legal personal representative.
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by Shanni Zoeller
on 25 Mar 2019
Employers managing ill or injured employees have many legal obligations imposed on them, ranging from those under the work health and safety, anti-discrimination and equal opportunity legislation, as well the Fair Work Act 2009 (Cth).
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by Lisa Qiu
on 25 Mar 2019
The recent state election has brought with it an increased focus on immigration. While immigration is usually an area regulated by the Federal government, NSW Premier Gladys Berejiklian has made it a state issue by bringing to the forefront the impact that immigration could potentially have on NSW public infrastructure and housing prices.
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by Anna Ford
on 25 Mar 2019
The term "redundancy" in an employment context refers to a situation when an employer no longer requires the role that the relevant employee(s) has/have been performing to be performed. The focus is the job, or the removal of the particular position from the company personnel structure, so it is important to keep in mind that it is quite possible for a redundancy to arise even in circumstances where the duties of a particular position are reallocated to other existing or remaining employees.
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by Andrew Grima
on 20 Mar 2019
Chapter 20 of the Parliamentary Joint Committee on Corporations and Financial Services' Report looks at leasing, and examines the impact of increased rental costs, disclosure of lease arrangements to franchisees, and franchisee rights as sub-lessees or licensees of the franchisor. In this piece, Commercial Property and Franchising lawyer Andrew Grima looks at the committee's observations, and recommendations with regard to leasing.
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by Catherine Sedgley
on 19 Mar 2019
On the 14th of March 2019, the Parliamentary Joint Committee on Corporations and Financial Services issued its long-awaited Report into the operation and effectiveness of the Franchising Code of Conduct. Since the last inquiry into franchising was conducted in 2008, the Committee indicated that it is no longer the case of there being "a few bad eggs", but rather, that the problems in franchising are systemic.
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by Catherine Sedgley
on 18 Mar 2019
Too often, Coleman Greig sees franchisees bypass the vital task of conducting their own due diligence prior to buying a franchise on the basis that it is too expensive, or that it delays the sign-up process. Instead of viewing due diligence as an expense to the business, franchisees should view the process as an investment, as it provides critical knowledge required to make calculated decisions.
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by Andrew Grima
on 15 Mar 2019
As we draw closer to the construction of Sydney's second airport, Coleman Greig has continued to pay close attention to what will eventually become of the 11,200 hectares known as the Badgerys Creek Aerotropolis. One point obvious at present is that this upcoming residential and business hub is set to change the face of retail leasing within the Western Sydney region.
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by Laura Bazouni
on 15 Mar 2019
The uncertainty of litigation can be frustrating - as it is impossible to guarantee just what will happen, how long the case will take or how much it will cost. Mediation, on the other hand, is an alternative dispute resolution process with the potential to resolve disputes quickly, affordably and with limited stress for the parties involved.
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by Rebecca Hegarty
on 15 Mar 2019
Since the Personal Property Securities Act 2009, creditors have looked to perfect their security interests by registering them on the PPSR. Here’s what you should consider when it comes to PPSA registrations.
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by Dean Claughton
on 8 Feb 2019
In November 2018, the NSW parliament passed a bill which is set to amend the Retirement Villages Act 1999 No 81. These changes were made as a result of the initial inquiry into the retirement village sector, and aim to both extend the rights of residents and increase transparency with regard to village operators.
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by Kirstie Barfoot
on 8 Feb 2019
Within the context of parenting matters, the overarching question for a Judge to consider is 'what arrangement is in the best interests of the children?'. This seemingly simple question leads to a number of other, often more complicated questions - especially where the child/ren in question have special needs.
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by Lisa Barca
on 7 Feb 2019
Whilst we know that there are no laws dealing directly with the accessing or transferring of a person's digital assets upon death or incapacity, the number of existing laws that dance around the issue can be incredibly confusing. This article takes a look at how digital assets are handled within the context of the law of wills.
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by Rebecca Hegarty
on 31 Jan 2019
With the Personal Property Securities Register (PPSR) having officially turned 7 years old as of 30 January 2019, Coleman Greig would like to remind our commercial clients that as of and from 30 January 2019, all 7 year PPSR registrations have started to expire.
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by Amanda Malinowsky, Danielle Borg
on 19 Nov 2018
When a party to either a marriage or de-facto relationship has control over a family business, the breakdown of the relationship will often lead to the operation of the business coming under close scrutiny as part of a subsequent property dispute. This piece looks at just what happens to the family business following a separation.
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by Rosemary Carreras
on 17 Oct 2018
The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. With this in mind, we have put together a guide to help walk you through the basic steps involved in administering a deceased estate.
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by Caroline Hutchinson
on 23 Aug 2018
It is important to remember that bad, or unwanted accounting clients do exist. It is therefore important to ensure that strategies are put in place to assist with the identification of such unwanted clients, and to protect your business from those who may potentially damage your firm's profits, reputation and/or staff.
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Posted
on 7 Jun 2018
What happens if someone is trying to register a trade mark that is too similar to your own? How can you prove that it is similar? What are your rights and how can you enforce them?
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Posted
on 6 Jun 2018
Most people immediately think about legal action when they hear the phrase "debt recovery". While formal proceedings are certainly one way in which a debt can be pursued, it is not always the best way. Court proceedings are typically time consuming and expensive.
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Posted
on 23 May 2018
Many businesses, particularly those that are struggling with cash flow, overlook some of the simplest debt prevention tools. One of the easiest ways to immediately improve cash flow is to design (or simply decide upon), implement and routinely use good billing practices.
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by Caroline Hutchinson
on 22 May 2018
Deciding whether or not to commence legal proceedings can often be a difficult decision for your clients and one which they may seek to involve you in. Find out how you can help.
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by Rebecca Hegarty
on 22 May 2018
An important change in law arising from the raft of recent Insolvency reforms concerns enforcement of 'ipso facto' clauses in contracts. As the change will impact on how you contract and do business with your customers, it is important to both understand the change and put measures in place to deal with it.
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by Rebecca Hegarty
on 7 Dec 2017
How often are you, as an unsecured creditor, on the receiving end of an Unfair Preference Claim? It is prudent to look at whether you received the payments from the Company and whether they were a party to the transaction.
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Posted
on 22 Nov 2017
The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. Once Probate has been granted, the Executor of a deceased estate must collect the deceased's assets and take steps to pay any debts or taxes - including income tax - owed by the deceased.
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by Warrick McLean
on 6 Sep 2017
Coleman Greig is thrilled with the recent recognition of two of its Principals, Malcolm Gittoes-Caesar and Caroline Hutchinson, in industry awards.
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by Dean Claughton
on 8 Aug 2017
On 1 July 2017, several key changes were made to the Retail Leases Act in New South Wales that effect both landlords and tenants around the state. These changes have been in draft form for a substantial amount of time, and so it was no surprise when the legislation came into effect.
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Posted
on 8 Aug 2017
It’s 17 years since the introduction of the Goods and Services Tax (GST), but the 'going concern' exemption still causes some confusion amongst parties in a sale of a business transaction.
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by Caroline Hutchinson
on 8 Aug 2017
In a recent case, two owners of a residential home in Canberra won more than $380,000 in damages after suing a builder, its director and a seller over building defects.
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by Nick Kallipolitis
on 16 Mar 2017
Is a reference date a precondition to the making of a valid payment claim? The recent High Court decisions for Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52 sheds some light.
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by Nick Kallipolitis
on 12 Sep 2016
The Supreme Court of NSW recently expanded the ability of a respondent to challenge an adjudication determination, in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd.
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by Lisa Qiu
on 9 Jun 2016
Social media blurs the boundaries between public and private. Here’s what you need to know about terminating an employee’s employment over something they’ve posted on their own social media.
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Posted
on 18 Aug 2015
Coleman Greig is excited to be a Finalist in the Lawyers Weekly Australian Law Awards: Boutique Law Firm of the Year!
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by Andrew Grima
on 27 Jul 2015
Leasing premises is a major investment decision for anyone with a business. It can be complex and fraught with potential problems, not the least of which is the prospect of losing a business should something go wrong! When you consider that one of your most important business assets is your lease, as a tenant it becomes critical that you understand the implications of a lease and your rights and obligations.
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by Nick Kallipolitis
on 18 Jun 2015
There are a couple of important lessons to learn from the recent case of Patrick Stevedores Operations No.2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014], where the Supreme Court explored two very important features of the Security of Payments Act (SOPA) legislation in NSW.
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Posted
on 23 Mar 2015
Coleman Greig has been named a finalist in the 2015 Australasian Law Awards in the category of 'Australian Boutique Firm of the Year'.
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by Nick Kallipolitis
on 3 Jul 2014
The long awaited amendments to the Building & Construction Industry Security of Payments Act 1999 NSW (SOPA) are now in effect and Principal Contractors, Builders and Subcontractors should all be aware.
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Posted
on 21 Feb 2014
The Principals and staff of Coleman Greig are delighted to announce that after being named Best Law Firm in Australia (revenue under $50 million) in the BRW Client Choice Awards 2013 we were also named Best Provider to the Manufacturing Sector and Best Provider to the Professional Services Sector for 2014.
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Posted
on 17 Oct 2013
A recent case before the Fair Work Commission dealt with the issue of redundancy and suitable alternative employment. In Szanto v ISS Facility Services Pty Ltd the FWC clarified the application of sections 119 and 120 of the Fair Work Act 2009 in deciding whether a redundancy payment should be made.
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by Anna Ford
on 20 Sep 2013
The General Protections provisions of the Fair Work Act 2009 state that an employer must not take any adverse action against an employee (or prospective employee) because of his or her race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
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Posted
on 29 Aug 2013
Coleman Greig has recently dealt with several matters where a person who has agreed to guarantee a borrowers loan has been held liable for the debt owed to the lender because the borrower was unable to make loan repayments, notwithstanding that the gurantor obtained no benefit whatsoever from the funds borrowed. This typically happens when family and friends are called upon to assist with someone business or investment aspirations.
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Posted
on 26 Aug 2013
On 29 April 2013, the IAB (the peak industry body for online advertising in Australia) released Social Advertising Best Practice Guidelines (“Guidelines”) for paid social advertising.
These Guidelines comprise of:
paid media – where a financial investment is made to place a marketing message. An example would include a sponsored blog post;
owned media – which is owned and controlled by a brand such as social media business pages and mobile apps; and
earned media – which is driven by consumers sharing conversations and engagement on social networks and blogs.
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Posted
on 15 Mar 2013
The team at Coleman Greig is proud to have been recognised as the Best Law Firm in Australia (revenue less than $50 million) in the 2013 BRW Client Choice Awards!
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Posted
by Rebecca Hegarty
on 4 Jul 2011
Are you a contractor in the building and construction industry, or one offering related goods and services in NSW? If you are, then read how the recent amendments to the Building and Construction Industry Security of Payment Act 1999 NSW (the “Act”) may affect you!
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by Andrew Grima
on 28 Mar 2011
Part 3 in the series on commercial leasing by Andrew Grima focuses on how the lease can come to an end, the consequences associated with ending a lease and what you need to consider in such circumstances. Essential reading for all tenants and landlords!
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Posted
by Nick Kallipolitis
on 15 Sep 2010
The Building and Construction Security of Payment Act 1999 (“the Act”) is one of the shortest yet most litigated pieces of legislation. This article provides an overview for anyone involved in the industry.