As an employer, have you ever been faced with a situation where an employee has resigned from their position, but has then made the claim
In November 2018, the NSW parliament passed a bill which is set to amend the Retirement Villages Act 1999 No 81. These changes were made as a result of the initial inquiry into the retirement village sector, and aim to both extend the rights of residents and increase transparency with regard to village operators.
With commercial construction work increasing by over 9% in 2018, the industry is one of Australia’s largest growing sectors. With this rapid growth, and the rate at which building is undertaken, we are bound to see a rise in building defect claims over the coming years.
Whilst we know that there are no laws dealing directly with the accessing or transferring of a person’s digital assets upon death or incapacity, the number of existing laws that dance around the issue can be incredibly confusing. This article takes a look at how digital assets are handled within the context of the law of wills.
With the Personal Property Securities Register (PPSR) having officially turned 7 years old as of 30 January 2019, Coleman Greig would like to remind our commercial clients that as of and from 30 January 2019, all 7 year PPSR registrations have started to expire.
The decision in the case of Beats Electronics LLC v Strategies Unleashed Pty Ltd [2017] ATMO 6 is an example of how social media can be used to promote and protect a brand, and should be noted as a reminder to include social media activity as evidence in any intellectual property dispute, where relevant.
A ‘retail tenancy dispute’ is a dispute concerning the liabilities, or obligations of a party (or former party) to a retail shop lease or former
Back in May 2018, the Federal government introduced the Treasury Laws Amendment (2018 Superannuation Measures No. 1) Bill 2018, which sought to allow employers a one-time
Significant complications can often arise in relation to the infringement of copyright linked to company-specific building plans, as has been made evident in the recent
The good news for the building and construction industry is that the boom we have seen in NSW seems set to continue for a number
Unfortunately, sometimes matters ending up in the Family Court is inevitable. Parties can become so entrenched in their positions, or their views of what has occurred throughout the relationship may be so diametrically opposed, that it is impossible for them to meet in the middle. However, in most matters that Coleman Greig deals with, there are ways in which compromises can be reached.
If you are a divorcee and your children don’t have a current passport, you may need to negotiate with the non-travelling parent in order to have them sign the relevant passport application. If the non-travelling parent refuses to sign the application, either due to them having genuine concerns for the child’s safety, or (as is sometimes the case) for no good reason at all, then you are likely to require advice surrounding how to make an application to the Family Court.
Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice. To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.
With end of year holidays almost with us, many families have started to make plans for international travel. For parties to a divorce who share custody of their children, it is crucial to take into consideration whether or not there are court orders in place that might stand in the way of international travel plans, if these plans are set to include the children.
The Electronic Transactions Regulations restrict the electronic witnessing of documents, meaning that unfortunately, going completely paperless must wait – and in turn, so must real estate agents, landlords and tenants looking to finalise their property deeds in a timely manner. The State Government has already recognised that this legislation is becoming obsolete, and as a result, the Conveyancing Legislation Amendment Bill 2018 (NSW) was recently introduced in State Parliament.
Given the delays that are often experienced in the Family Court of Australia, parties will often receive an inheritance after they separate, but prior to entering into a property settlement with their ex-partner. There is a misconception that an inheritance received post-separation won’t be taken into account in relation to the family law matter, although this is false.
It’s that time of year again, where many of us start to wind down (or in some cases, wind up prior to the Christmas deadlines) and start thinking about whether our house is in order. As such, Coleman Greig would like to remind you of some of the common pitfalls that we often see in our leasing practice, particularly within the world of franchising.
With the current climate, the terms ‘franchising’ and ‘franchise’ can often leave a bad taste in one’s mouth. As such, business owners looking to either expand or leverage a successful business in order to achieve further growth will often explore alternative models, such as licensing. While ‘franchising’ and ‘licensing’ may mistakenly be used interchangeably, they are two distinctly different concepts.
It is difficult to ignore the immense amount of press surrounding the recent parliamentary enquiry into the franchising sector and the effectiveness of the Franchising Code of Conduct. The Senate Committee, chaired by Michael Sukkar, has set themselves the task of discovering whether amendments to the Code would result in a more cohesive sector and provide greater support to franchisees.
In the past few months, there has been a flurry of activity, discussion and legal changes in relation to casual employees. If you have “casual” employees working on a regular and systematic basis, they may in fact actually be permanent employees entitled to annual leave and other entitlements. This means you may have a substantial back pay issue.
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