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Fair Work Act 2009 – Are you compliant?
The final stage of the Fair Work Act 2009 came into effect on 1 January 2010, with the introduction of Modern Awards. We suggest that all Employers take the time to ask themselves the following questions:

Author(s): Tony Cardillo, Emilia Pirillo,
Practice Area(s): Employment and Industrial Relations
Date: February 25, 2010
Borrowers off the hook
The Supreme Court has recently decided against the lending bank seeking to sell home properties for default
of payment. A finance broker was found to be the agent of the bank and had acted fraudulently.

Author(s): John Loughnan, Kathryn Halyburton, Skye Morrison,
Practice Area(s): Property and Development
Date: November 23, 2009
Fair Work Act 2009 update
As most people will now be aware the Fair Work Act 2009 came into effect on 1 July 2009. It is important to note that while most of the provisions of the Act came into effect on 1 July 2009, some fairly significant changes are due to commence on 1 January 2010.

Author(s): Tony Cardillo, Emilia Pirillo,
Practice Area(s): Employment and Industrial Relations
Date: October 15, 2009
Fair Work Act 2009 commenced 1 July 2009
On 1 July 2009 the new Workplace Relations laws came into effect. The new laws have introduced some significant changes in employment law.
Author(s): Tony Cardillo, Emilia Pirillo,
Practice Area(s): Employment and Industrial Relations
Date: September 15, 2009
Invoice overload: ACCC warns about questionable trade mark renewals
Many clients have contacted us recently regarding bogus emails they have received which either purport to be a trade mark renewal invoice or inviting domain name registration to prevent cyber squatting of the client's trading name.

Author(s): Matthew Smith,
Practice Area(s): Commercial Planning and Compliance
Date: September 15, 2009
PRIVACY AND SMALL BUSINESS - What are your obligations under the Privacy Act 1988?
May 2009 began with National Privacy Awareness Week, an event designed in part to highlight the obligations of certain organisations under the Privacy Act 1988 (“the Act”).

Author(s): Matthew Smith, Katrina Reye,
Practice Area(s): Commercial Planning and Compliance
Date: September 15, 2009
Significant Stamp Duty Change: ‘Land Rich’ to ‘Landholder’
Before 1 July 2009, stamp duty for acquisitions of interests in land owning companies and other entities was calculated based on whether the entity was "Land Rich" as defined by the Duties Act. A Land Rich entity was one that:
• had land holdings in New South Wales with an unencumbered value of two million dollars or more; and
• had land holdings representing at least 60% of its assets.

Author(s): Matthew Smith,
Practice Area(s): Business Transactions
Date: September 15, 2009
The Carbon Pollution Reduction Scheme Bill (CPRS) and landfills
The CPRS was passed through the House of Representatives in June but was stalled in the Senate with a decision anticipated around mid August 2009.


Author(s): Brian Glendenning, Samantha Ellis,
Practice Area(s): Government, Planning and Environmental
Date: September 15, 2009
Protect your business against fraudulent Facebook URLs
Social networking website Facebook now offers its users the chance to have a Facebook URL (e.g. www.facebook.com/yourname). While this is yet another venue for companies who wish to publicise their goods and services online, it is also an opportunity for cybersquatters to fraudulently create Facebook URL’s incorporating or making reference to trademarks or brands they do not own.

Author(s): Matthew Smith,
Practice Area(s): Commercial Planning and Compliance
Date: June 22, 2009
Changes to the proposed Carbon Pollution Reduction Scheme
The Carbon Pollution Reduction Scheme (CPRS) exposure drafts were released for consultation during March 2009. In response to that consultation process a number of changes were made to the exposure drafts. The CPRS legislation package was introduced to Parliament on 14 May 2009.
Author(s): Brian Glendenning, Samantha Ellis,
Practice Area(s): Government, Planning and Environmental
Date: June 1, 2009
First Home Owners Grant Extended
The Commonwealth Government’s boost to the First Home Owners Grant has been extended under the new budget.

Author(s): Skye Morrison, Danusia Emeljanow, Geoff Zietsch,
Practice Area(s): Buying and Selling your Home
Date: May 28, 2009
Director Penalty Notices
In recessionary times, companies may fail to remit withheld PAYG tax on time. This can have personal consequences for the company’s directors.
Author(s): Micah Jenkins,
Practice Area(s): Commercial Planning and Compliance
Date: May 26, 2009
New laws for de facto relationships
On 1 March 2009 the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 introduced significant changes to the way financial matters are dealt with on the breakdown of a de facto relationship.

Author(s): John Williams, Emilia Pirillo,
Practice Area(s): Breakdown of Relationships
Date: April 22, 2009
The end of Workchoices as new Fair Work Bill is given the go ahead
The Federal Government’s new Fair Work Bill was passed by the Senate on Friday 20 March 2009 heralding the end of the Howard Government’s Workchoices legislation. The key changes introduced by this legislation, due to take effect on 1 July 2009, are:

Author(s): Tony Cardillo, Liz Pinnock,
Practice Area(s): Employment and Industrial Relations
Date: April 22, 2009
Harris Wheeler is the Newcastle Airport's legal services provider

Harris Wheeler Lawyers has been providing legal services to the Newcastle Airport since 2001.
Managing Partner, Matthew Smith and Senior Associate, Katrina Reye provide legal advice on all of the Airport's major commercial law, property and infrastructure projects.
The Hunter Business Review ran a feature on the Newcastle Airport in February and we were more that happy to be part of the initiative.
Author(s): Matthew Smith, Katrina Reye,
Practice Area(s): Building and ConstructionCommercial Planning and ComplianceBusiness TransactionsProperty and Development
Date: April 14, 2009
Harris Wheeler featured in Lawyers Weekly

Author(s): Jasmine Tran,
Practice Area(s):
Date: April 13, 2009
The High Court’s decision on compulsory acquisition of land
On 2 April 2009 the High Court unanimously held in the case of R & R Fazzolari Pty Ltd v Parramatta City Council; Mac’s Pty Ltd v Parramatta City Council [2009] HCA 12 that Council could not compulsorily acquire land without the approval of the owners.

Author(s): Brian Glendenning, Samantha Ellis,
Practice Area(s): Government, Planning and Environmental
Date: April 13, 2009
8 common myths and misconceptions in Wills and Estate Planning
There are many myths and misconceptions in Wills and Estate Planning. This article will address 8 of the most common myths to put you in a better position to make an informed decision.
Author(s): Skye Morrison,
Practice Area(s): Wills, Probate and Estate Planning
Date: March 18, 2009
Ensure your assets go to the people you love
Most people want to decide who will inherit their estate when they die. Usually a named beneficiary must survive the Will maker to qualify; an exception relates to lineal descent (the Will maker’s direct children and grandchildren).
Author(s): John Loughnan,
Practice Area(s): Wills, Probate and Estate Planning
Date: March 18, 2009
Gaming Law Reform: How will the changes affect your business?
The Gaming Machines Amendment Act 2008 and Amendment Regulations 2009 commenced operation on 29 January 2009. The changes are outlined in this article.
Author(s): Micah Jenkins,
Practice Area(s):
Date: March 18, 2009
Superannuation fund borrowing
Traditionally, self managed superannuation funds ("SMSFs") could only borrow in very limited circumstances because, in the Federal Government’s view, the SMSF’s assets would be exposed to the Banks on default. This significantly restricted the buying power of these superannuation funds.
Author(s): Micah Jenkins,
Practice Area(s):
Date: March 18, 2009
LAND TAX RELIEF FOR UNIT TRUSTS
The NSW Office of State Revenue has determined that where a unit trust owns land, unless certain criteria can be satisfied, the trustee of the unit trust is considered to be the owner of the land.
Author(s): Valentina Misevska,
Practice Area(s): Commercial Planning and ComplianceBanking and FinanceWills, Probate and Estate Planning
Date: March 1, 2007
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