A recent decision of the Federal Court of Australia has confirmed that the question of an employer’s right to suspend an employee is still not fully understood by a lot of employers. The case involved circumstances where an employee was “suspended” whilst certain aspects of that employee’s conduct was the subject of a review. Whilst […]
In late October 2017, the NSW State Government passed a number of amendments to the Road Transport Act 2013 (the “Act”) which overhaul the system as it relates to driving disqualifications. The aim of the amendment is to reduce unlawful driving by giving people an opportunity to have their licences returned in certain circumstances where […]
Most people assume that the end of a relationship, divorce papers and, a property settlement marks the end of their legal obligations to that person. In the eyes of the law however, that is not always the case. Family/succession law has the ability to extend well beyond the end of a relationship giving a former […]
As a business owner you should be aware of your legal obligations and rights when a customer pays for goods but fails to collect them or fails to provide you with delivery details. This is an issue that at times arises for manufacturers, wholesalers and even retailers. The Uncollected Goods Act NSW is the starting […]
There are many rules that govern the way in which vehicles are to be operated to maintain the safety of our roads, most of which are contained within the Road Rules 2014 (NSW). Many of these rules are well known to road users, however in this article, I will explore a few of the lesser […]
The legal liability of a Managing Agent in respect to repairs and maintenance to a property the subject of a Management Agreement, has been recently highlighted in a decision of the New South Wales Court of Appeal. The court at first instance found that by reason of a Management Agreement entered into between a Managing […]
Time and time again when working in criminal law I have had clients approach me and say “mate, can’t you just get me a section 10?” This mystical section of the Crimes (Sentencing and Procedure) Act (the “Act”) seems to be one of the most well-known sections of legislation amongst the laymen of NSW, but […]
A recent case in the Supreme Court of New South Wales highlights care that administrators and lessors of properties need to take when considering the terms of any Deed of Company Arrangement. In the case in question, a company was in voluntary administration. A Deed of Company Arrangement was entered into and the terms of […]
An Executor is responsible for: finding the will arranging for disposal of the body getting the death certificate from the Registry of Births, Deaths and Marriages ascertaining the deceased’s assets and liabilities assessing the value of the deceased’s assets obtaining probate if required paying the deceased’s debts, income tax, duties and funeral expenses distributing the […]
We are all familiar with the difficulty that is sometimes faced when a tenant does not observe the terms of a lease particularly in the area of maintenance and repair of the leased premises. It is less frequent to encounter a situation where a tenant complains that a landlord has not maintained the premises in […]
