IS YOUR COMMERCIAL LEASE NOW A RETAIL LEASE? Written by Ben Harris The Retail Leases Regulation 2022 (NSW) (Regulation) expands the coverage of the Retail Leases Act 1994 (NSW) (Act) to include new categories of retail businesses. Applying to leases which commence from 1 January 2023, the Regulation includes, among others, the following retail businesses: […]
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The Difference Between Outgoings and Utilities
Written by Tess Eecen & Dean Stell 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 […]
A Guide to Family Provision Claims in NSW
Written by Deanne Kindis 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 […]
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 […]
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 […]
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 […]
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 […]