Thought Leadership
Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), strict deadlines apply to the service of payment claims and payment schedules. A recent Court of Appeal decision has confirmed that even an email address used informally in project communications may be used to validly serve payment claims under the Act.
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New Fuel Cost Recovery Order: What Every Business in Australia’s Transport Supply Chain Must Do Now
A new legally binding Fair Work Commission order now requires businesses across road transport supply chains to pass on fuel cost increases – fortnightly. If your contracts don’t already have a mechanism for this, you need to act now.
Structuring Parent–Child Loans for Real Recovery in Family Law Property Division
For advisers involved in structuring intergenerational funding arrangements, a recurring question is whether a parent–child “loan” will be recognised and recoverable if the child later becomes involved in a family law property dispute.
Case Review: The Importance of Formal Agreements Between Related Parties for Tax Liability
In S.N.A Group Pty Ltd v Commissioner of Taxation, the Full Federal Court affirmed the need for formal written agreements between related parties. In allowing their formal agreement to expire, the respondents were liable to pay income tax on otherwise deductable expenses, administrative penalties, and the Commissioner’s cost of the appeal.
Business Succession Planning for Australian SMEs: Maximising Value and Retaining Key Talent
Succession planning is a critical consideration for small and medium-sized enterprises (SMEs) in Australia aiming to ensure business continuity and maximise value upon exit.
Australia Imposes Temporary Ban on Foreign Purchases of Established Homes
Effective April 1, 2025, to March 31, 2027, this measure aims to prioritise housing availability for Australian buyers, preventing foreign investors from purchasing properties that could otherwise be acquired by local residents.
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.
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.
Options for a Purchaser seeking to retain key staff – Discretionary Bonuses, Contractual Bonuses and ESS
The loss of key staff, particularly in the short term, can be a significant risk and important factor in determining whether to proceed with an acquisition of a business by a purchaser.
The Acquisition of Assets and Shares – Structure, Tax, Duty and Other Implications and Considerations
The purpose of this article is to help investors make a decision as to the structure of a proposed asset/share transaction, and specifically covers the top commercial, asset protection and tax minimisation considerations for these types of acquisitions.
Privacy Considerations for Australian Organisations Engaging Offshore Workers
If you are considering engaging offshore workers, then it is important that you understand your privacy obligations if client or third-party personal information is being provided to the offshore workers.
Directors and Personal Liability – Tips to reduce the risk
This article provides a summary of the types of liability a Director may face, and practical tips to avoid personal liability where possible.
Top 5 Questions Purchasers have when Buying a Business
On 31 August 2023 our Director, Amanda Crosbie and Senior Associate Solicitor, Hamish Taylor hosted a live LinkedIn Q&A answering the Top 5 Questions Purchasers have when Buying a Business.
