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	Fair Work Bill 2008 to replace the Workplace Relations Act 1996
	On 25 November 2008 the Federal Government introduced into Parliament the Fair Work Bill 2008 which will replace the Workplace Relations Act 1996. The bill will introduce a new industrial relations system expected to commence from 1 January 2010. The unfair dismissal provisions are expected to take effect from 1 July 2009. Author(s): Tony Cardillo Practice Area(s): Employment and Industrial Relations Date: December 1, 2008
	First Home Owner Boost Scheme
	Attention all first home buyers! Author(s): John Loughnan Practice Area(s): Property and Development Date: November 4, 2008
	GST Payable on Forfeited Deposits
	In the recent decision of Commissioner of Taxation v Reliance Carpet Co Pty Limited [2008] HCA 22 the High Court of Australia altered the position of GST payable on forfeited deposits in relation to commercial property transactions. Author(s): Samantha Ellis Practice Area(s): Business Transactions Date: July 10, 2008
	GOVERNMENT PASSES TRANSITION TO FORWARD WITH FAIRNESS BILL
	Author(s): Giri Sivaraman Practice Area(s): Employment and Industrial Relations Date: March 20, 2008
	GOVERNMENT TABLES BILL TO STRIP BACK WORKCHOICES
	Author(s): Giri Sivaraman Practice Area(s): Employment and Industrial Relations Date: February 15, 2008
	NEW HIGH COURT RULING ON COPYRIGHT IN ARCHITECTURAL PLANS
	The High Court has recently confirmed the right of an owner of a property to use architectural plans even though the owner was not the client of the architect. Author(s): Matthew Smith Practice Area(s): Contracts, Intellectual Property Date: March 12, 2007
	DIRECTORS AND MANAGERS LIABLE FOR COMPANY OH&S BREACHES
	A recent decision of the NSW Industrial Court serves as a serious reminder to directors and managers of the extent of their liability for Company breaches of Occupational Health and Safety laws. Author(s): Valentina Misevska Practice Area(s): Commercial Planning and Compliance Date: March 7, 2007
	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 Compliance, Banking and Finance, Wills, Probate and Estate Planning Date: March 1, 2007
	SHAREHOLDERS BOLSTERED IN RECENT HIGH COURT DECISION
	A recent High Court decision could see shareholders with compensation claims walk away with millions of dollars as they rank alongside creditors after the collapse of a company. Author(s): Valentina Misevska Practice Area(s): Business Transactions, Banking and Finance, Dispute Resolution and Litigation, Insolvency, Debt Recovery, Resolving Disputes Date: February 23, 2007
	NEW DIVORCE FORMS IN FEDERAL MAGISTRATE’S COURT.
	As part of a review of existing forms, the Federal Magistrate’s Court has unveiled a new suite of forms for use in Divorce proceedings. Author(s): Dominic Mason Practice Area(s): Breakdown of Relationships Date: February 2, 2007
	DOCUMENT MANAGEMENT POLICIES: RATIONALE AND REQUIREMENTS
	The destruction of documents is a sensitive issue, particularly when a dispute arises down the track. Author(s): Katrina Reye Practice Area(s): Commercial Planning and Compliance, Dispute Resolution and Litigation Date: February 1, 2007
	EMPLOYEES CAN NOW BE HELD PERSONALLY LIABLE FOR MISLEADING AND DECEPTIVE CONDUCT
	On 13 December 2006, the High Court in a unanimous decision held that two employees of a business were personally liable for misleading and deceptive conduct. Author(s): Valentina Misevska Practice Area(s): Commercial Planning and Compliance, Employment and Industrial Relations, Trade Practices Date: January 16, 2007
	EMPLOYEES HELD PERSONALLY LIABLE FOR MISLEADING AND DECEPTIVE CONDUCT
	On 13 December 2006, the High Court unanimously held that two employees of a business were personally liable for misleading and deceptive conduct Author(s): Valentina Misevska Practice Area(s): Commercial Planning and Compliance, Employment and Industrial Relations, Trade Practices Date: January 16, 2007
	CAN A COMPANY WHICH DOES NOT HAVE SUFFICIENT FUNDS TO PAY ITS DEBTS NEVERTHELESS AVOID INSOLVENCY?
	A recent court case in Queensland addressed this question Author(s): Valentina Misevska Practice Area(s): Insolvency Date: January 8, 2007
	NSW COURT OF APPEAL REFUSES EMPLOYEE LEAVE TO APPEAL RESTRAINT
	Opportunities exist for employers to protect their customer relationships by appropriately drafted restraint clauses in employment contracts Author(s): Valentina Misevska Practice Area(s): Contracts, Banking and Finance, Employment and Industrial Relations Date: December 15, 2006
	OBVIOUS RISKS OF DANGEROUS RECREATIONAL ACTIVITIES; WHAT THE NSW COURT OF APPEAL HAS DECIDED
	Great Lakes Shire Council v Dederer & Anor: Roads & Traffic Authority of NSW v Dederer & Anor [2006] NSWCA 101 Author(s): Brian Glendenning, Damien Fing Practice Area(s): Government, Planning and Environmental, Dispute Resolution and Litigation Date: October 27, 2006
	MISLEADING AND DECEPTIVE CONDUCT RULING
	A court has found that a vendor of a business, engaged in misleading and deceptive conduct by omitting to provide a purchaser updated financial information as to the income and prospects of the business being sold. Author(s): Valentina Misevska Practice Area(s): Commercial Planning and Compliance, Business Transactions Date: February 7, 2006
	FAILURE TO PROVIDE UPDATED FINANCIAL INFORMATION MISLEADING AND DECEPTIVE
	A court has found that a vendor of a business engaged in misleading and deceptive conduct by omitting to provide a purchaser with updated financial information as to the income and prospects of the business being sold. Author(s): Valentina Misevska Practice Area(s): Commercial Planning and Compliance, Business Transactions Date: February 6, 2006
	RESTRAINT OF TRADE MUST BE REASONABLE
	A restraint of trade may only be enforceable if there are special circumstances justifying it as reasonable. Author(s): Valentina Misevska Practice Area(s): Contracts, Business Transactions Date: January 25, 2006
	COURT DECLINES TO GRANT RELIEF FROM CIVIL PENALTIES TO COMPANY OFFICER
	ASIC –v- Vines [2005] NSSC 1349 Author(s): Valentina Misevska, Martin Ball Practice Area(s): Commercial Planning and Compliance Date: January 23, 2006
	BUSINESS SUCCESSION PLANNING
	Many businesses don't succeed or don't achieve their maximum potential because of a failure to address business succession issues. Author(s): Valentina Misevska Practice Area(s): Commercial Planning and Compliance Date: January 17, 2006
	APPOINTMENT OF ENDURING GUARDIAN
	An Appointment of Enduring Guardian is a document which appoints someone (your guardian) to make personal lifestyle decisions on your behalf when you are not capable of doing so for yourself. Author(s): Kathryn Halyburton Practice Area(s): Wills, Probate and Estate Planning Date: November 30, 2005
	SECTION 66 CLAIMS FOR PSYCHOLOGICAL INJURY - THE REALITY
	Claims are only possible where the injured worker is classified as having a 15% whole person impairment arising from the psychological injury. Author(s): Stephanie Posniak Practice Area(s): Insurance Claims, Police Association of New South Wales Date: November 22, 2005
	WEEKLY BENEFITS FOR INJURED POST 1988 POLICE OFFICERS
	The level of weekly benefits payable depends on whether the officer is totally incapacitated or partly incapacitated for work, and the period of that total or partial incapacity. Author(s): Tony Cardillo Practice Area(s): Police Association of New South Wales Date: November 22, 2005
	SWAIN v WAVERLEY COUNCIL – ROUND 3 TO SWAIN
	Round 3 in the much publicised case of Bondi beach goer Guy Swain and Waverley Council was recently played out in the High Court. Swain came out the victor and had his damages award of approximately $3.75 million re-instated in a 3 v 2 split decision. Author(s): Valentina Misevska Practice Area(s): Government, Planning and Environmental, Dispute Resolution and Litigation, Insurance Claims Date: February 15, 2005
	ASSIGNMENT OF RETAIL LEASES: WHAT LANDLORDS AND BUSINESS OWNERS SHOULD KNOW
	If you are a lessee wishing to assign a retail lease the Landlord may refuse consent or hold you liable for future failures in performance of the lease by the assignee unless you accurately follow the procedures outlined in section 41 of the Retail Leases Act (NSW) 1994. Author(s): Dominic Mason Practice Area(s): Contracts, Commercial Planning and Compliance, Business Transactions, Property and Development Date: January 14, 2005
	AIM MAINTENANCE LTD -v- BRUNT & ANOR [2004] WASC 49
	A trial pending in the Supreme Court of Western Australia is set to clarify what type of information, which is gained by an employee whilst employed, an employee may be restrained from using after the employment ends. Author(s): Valentina Misevska Practice Area(s): Contracts, Commercial Planning and Compliance, Employment and Industrial Relations, Intellectual Property Date: December 16, 2004
	SLEEPING DIRECTORS AND SEXUALLY TRANSMITTED DEBT
	Many small companies have husband and wife directorships where only one of them is actively involved with the management and affairs of the business. Directors who have little or no involvement in the management and affairs of the company are referred to as silent or sleeping directors. Practice Area(s): Commercial Planning and Compliance, Business Transactions, Dispute Resolution and Litigation, Insolvency, Debt Recovery Date: January 11, 2004