Category: Blogs
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MAJOR REFORMS ANTICIPATED TO THE CORPORATIONS ACT: HERE’S WHAT YOU NEED TO KNOW
Background Since its commencement, the Corporations Act 2001 (Cth) (‘the Act’) has delivered on achieving national uniformity on corporate governance. Despite establishing a uniform framework, the Australian Law Reform Commission (‘ALRC’) has scrutinised the Act for its complexity, tabling its report ‘Confronting Complexity: Reforming Corporations and Financial Services Legislation’ (‘The Report’) late this January. To…
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The New Family Law Amendment Act 2023 (Cth)
This week, on 6 May 2024, the “Family Law Amendment Act 2023 (Cth)(the Amendment Act)” commenced containing a number of changes that effect the framework for making Parenting Orders and implemented new obligations in the legislation for Independent Childrens Lawyers. These amendments apply to all new and also to all existing matters from Monday except…
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The Difference Between Outgoings and Utilities
As a tenant entering into a commercial or retail lease, it is important to know what expenses you will incur as set out in the provisions of the lease. Once you come to an agreement with the landlord on an annual rent, whether gross (including outgoings) or net (not including outgoings) and the lease is…
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A Guide to Family Provision Claims in NSW
When someone passes away, their assets are typically distributed in accordance with their Will. In New South Wales (NSW) if certain eligible family members or dependents of the deceased feel that they have not been adequately provided for in a deceased’s Will, they can contest it by making what is known as a “family provision…
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Corporations Act Reform
Corporations Act Reform: Sole Directors and Electronic Signing The Corporations Amendment (Meetings and Documents) Act (Cth) 2022 (Amending Act) came in to effect on 1 April 2022, with two notable reforms made which affect the way directors execute documents on behalf of companies. Executing Documents – Sole Directors The Amending Act has dispensed with the…
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Challenging Strata Bylaws
On Monday 12 October 2020 the Court of Appeal looked into the validity of a strata bylaw prohibiting owners from keeping animals on their lots. Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 is a case brought by Leo and Johanna Cooper, owners and residents of a unit at a Darlinghurt’s…
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Defamation: Emojis, KSMC Holdings, and the Defamation Amendment Act 2020
Emojis and the Courts Defamation is serious business. The court, for the first time, is considering the defamatory potential of emojis. Burrows v Houda [2020] NSWDC 485 involves a suit in defamation levied against a twitter user, for comments made in his twitter posts about the plaintiff. When linking to an article about Ms Burrows,…
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Importance of making a valid Will
Why is it important to make a valid Will? If you die without leaving a valid Will, your Estate will be distributed according to a formula set down by the Succession Act 2006. This formula is commonly known as the “rules of intestacy”. These rules can mean that persons that you may wish to exclude from…
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Changes to Drink Driving Laws in NSW
As of May 2019, if you are caught drink driving in NSW, you will be subject to new changes to the law. NSW Police now have the power to issue infringement notices for low-range drink driving and suspend your NSW Drivers Licence on the spot. Under the new laws, the fine payable under an infringement…
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Blended families and the importance of making a valid Will
Many people put off making a Will. Some believe that they are healthy and death is an event in the distant future that will not occur for many years. Others do not like to consider end of life decisions for fear of bringing ill health upon themselves. However, the consequences of dying without a Will…