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Damage to strata titled unit – Who is responsible?

Damage to strata titled unit – Who is responsible for the repairs? Disputes can arise between a body corporate and a lot owner in relation to damage sustained to a unit. The common issue is which party is responsible to repair the damage? Identify the relevant survey plan An important first step is to find...
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website terms and conditions

WHOSE TERMS AND CONDITIONS APPLY?

Whose terms and conditions prevail when a contract dispute arises is a common issue. In Australia the current test is referred to as “the last shot rule”, which originates from the English common law case of Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd. The rule applies the contractual principles of offer and...
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Do I need to review my Will?

Do I need to review my Will? You have a Will. You actually prepared one years ago. Great. Job done, right? Unfortunately, no. The recommendation is that you review your Will every year or two to check that it still reflects your wishes. There are a number of significant life events that can affect your...
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Commercial lease – get advice before signing

Before you sign a commercial lease, you should have a lawyer review it first. A commercial lease is a legal document that sets out the rights and responsibilities of both the tenant and the landlord of commercial or business premises. It is a contract for the rental of the premises by the tenant. A commercial...
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Employee or Contractor – The Clarified Approach

The approach on how to determine whether a worker is an employee of a business or an independent contractor historically involved the application of a multifactorial test. However, this approach has been recently clarified by the High Court. In the recent decisions of Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting...
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Bankruptcy and the family home – a relief with a serious consequence

The bankruptcy path is not an easy one and should not be taken lightly given the consequences that follow.  Whilst bankruptcy can offer relief, release you from debts and allow you to look to new beginnings in the long term, the short-term consequences can be significant. To learn more about bankruptcy generally and its process...
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Building and construction – pre-contract review is a must

When building and construction contract disputes arise, it’s costly and causes a number of issues for many involved in the project. Pre-contract review is crucial so that your business ensures the contract accurately and precisely records the agreed terms between the parties while adequately balancing the risks. A well-drafted construction contract should provide certainty for...
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Should you sign a personal guarantee?

Personal guarantees are common in business transactions. It is a written promise to guarantee the liability of one party for the debts of another party. Typical scenarios where personal guarantees will be required include: when a supplier gives credit to a business carried on by a company; when a landlord leases commercial premises to a...
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When out-of-hours conduct are cause for dismissal

When out-of-hours conduct are cause for dismissal Our previous blog “When does out-of-hours conduct cause for employee dismissal?” highlighted the consequences for employees who engage in certain conduct outside work hours such as a fight, sexual harassment, social media content and public drinking. Recent cases of Sydney Trains v Andrew Bobrenitsky (2022) and Corry v...
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Existing IP – Buyer beware

Existing IP – Buyer beware Thinking of buying a business’ intellectual property? Before you sign on the dotted line, there are a few things to consider. What is intellectual property? Intellectual property, also known as IP, refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images...
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