Thought Leadership
These types of disputes are often disruptive and financially damaging to the business and can be costly for the directors and shareholders to resolve, especially when there is no Shareholders’ Agreement in place.
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A Landlord’s Entitlements to Claim Losses and Damages Following Termination of a Commercial Lease
By understanding and navigating the legal frameworks in relation to breach and termination, commercial landlords can protect their financial interests and streamline the process of recovering losses arising from a breach of a lease.
Building Commission NSW: Increasing Activity and the Impact on Builders
The Building Commission NSW is increasing its enforcement activity, imposing penalties on licensed builders for alleged statutory warranty breaches—even in cases where defects are disputed in NCAT. Understanding how rectification orders, improper conduct findings, and penalties can impact your business is essential for NSW builders navigating compliance risks.
Why the PPSR is Crucial for Businesses in Australia: Protecting Your Interests in Liquidation and Administration
The ability to register a security interests on the Personal Property Security Register (PPSR) can significantly enhance your chances of recovering debts, especially in cases where the debtor’s assets are limited or otherwise insufficient to meet obligations.
High Court Ruling Expands Employer Liability for Workplace Psychological Harm in Unfair Dismissals
A groundbreaking decision by the High Court of Australia in Elisha v Vision Australia Limited [2024] HCA 50 (Elisha) has set a new precedent by allowing damages for psychiatric injuries caused by an employer’s breach of contract.
What Businesses Need to Know to Protect Confidential Information When Involved in a Dispute
Client legal privilege (or legal professional privilege) is an immunity protected under the common law and legislation with the effect that the information you tell your legal advisor, and what they tell you, is kept confidential and is protected from having to be produced under compulsion (for example, a subpoena or discovery process).
2024 Security of Payment Law Amendment
Recent Security of Payment Law Amendment Improves Consumer Protections for Homeowners and Emphasise the Importance of Contractor Compliance with Home Building Laws BUT has the door been left open for abuse?
Right to Disconnect: What Does it Mean for Your Business?
A series of amendments to the Fair Work Act 2009 will take effect on 26 August 2024 (or 26 August 2025 for small business employees).
How to Resolve and Avoid Business Disputes
In the realm of business, disputes are almost inevitable, ranging from contract issues to shareholder disagreements. These conflicts can significantly impact a company’s operations, reputation, and bottom line.
A New Regulator for Residential Building in NSW
The Residential Housing Sector is witnessing a major overhaul in its regulatory framework from recent legislative changes aimed at fortifying the trust and reliability in home construction.
Who Can Bring a Claim for Unfair Dismissal and How is Compensation Calculated?
The law relating to unfair dismissal claims is contained in the Fair Work Act 2009. Unfair dismissal claims are commenced by filing an Unfair Dismissal Application with the Fair Work Commission. However, an Application can only be made within 21 calendar days of the date the dismissal takes effect.
Unfair Contract Terms post November 2023 Amendments – What In House Lawyers need to know
A comprehensive contract review will be necessary to identify if existing business contracts are standard form or contain any unfair contract terms, and if so, prioritise amending or removing unfair contract terms to align with the revised regulations.
Commercial Lease Disputes
The purpose of this article is to identify issues that commercial landlords need to be aware of so that they can avoid disputes with their tenants and, if disputes cannot be avoided, navigate them in an efficient and cost-effective way.
