Allowing a company to trade while insolvent could have serious ramifications for individual directors. If a director is found to have knowingly allowed a company to trade while in financial difficulty, he/she could be held personally liable for the debts incurred to liquidators or creditors – and could even be found guilty of criminal action.
Only a union official that holds a current right of entry permit can enter a workplace. Such a permit is issued by the Fair Work Commission in circumstances where it is satisfied that the relevant person is a “fit and proper person.” The Fair Work Commissions can revoke, suspend or impose conditions on a permit.
Buying or selling a business is a major decision (for both parties). Regardless of whether you are the seller or the buyer of a business there are a number of considerations that you should take account of to ensure a successful outcome.
This Plain English Guide answers some of the more commonly asked questions about buying real estate ‘off the plan’ and should be read in conjunction with Coleman Greig’s Plain English Guide to Buying Real Estate.
There are few more important transactions than buying real estate. You are making a major financial investment and the purchase is likely to result in changes to your personal life. Buying real estate is usually an emotional process and it is important to make sure that you are not “blinded” by this emotion.
When parents separate, proper arrangements need to be made for the financial support of their children. The obligations of parents to provide for their children are governed by the Child Support Scheme. This Plain English Guide sets out some of the more commonly asked questions regarding child support.
Collaborative practice offers clients an alternative to more traditional lawyer‑led negotiation at court proceedings. A key feature of a collaboration is that the parties involved commit to resolving their family law issues and concerns cooperatively without the threat of court proceedings.
Leasing premises is a major investment decision, whether you are a landlord or tenant. What many people don’t understand, however, is how complex a commercial lease can be and how it can be fraught with potential problems.
Most home units, town houses or villas in New South Wales are held under Strata or Community Title. Strata and Community titles are particular types of Torrens Title. When you own a house or a block of land you usually have absolute ownership of not only the house and land but also the air space above the land and the earth underneath.
Is someone doing construction work for you? If you are a party to a contract under which construction work or related goods or services are being provided to you in NSW then the Building & Construction Industry Security of Payment Act 1999 (NSW) (the “Act”) affects you.
Separation is a stressful time for individuals and families. At Coleman Greig our family lawyers can help you through the process by providing the benefits of many years of practical experience in all aspects of family law.
Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of Awards and unjust dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies.
It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace. The most important written parts of this communication are the employment contract and workplace policies and procedures.
We all prefer to decide for ourselves where we live, who we see, which doctor we go to, what medical treatment we will receive and what services we will have. Unfortunately this is not always possible. Every day people are involved in accidents or become sick. Sometimes this can lead to them being unable to make decisions for themselves.
The aim of Estate Planning is to ensure ongoing financial security for you and your spouse during your lifetimes; and to secure a cost effective and seamless transition to your nominated beneficiaries after your death in such a way as to maximise the value of your estate.
The issue of succession planning for family businesses is critical. In fact, research shows that only 30% of family businesses survive in the second generation, and 15% survive in the third generation.
Family law matters can place serious financial and emotional stress on all those involved in the related court cases. It is therefore no surprise that the long delays and under-resourcing of the Family Court system has placed a significant strain on parties and their families.
The long delays and backlogs in the Family Courts have been well-publicised. These delays no doubt cause frustrations, and can be very costly for the parties involved. For this reason, the court endorses that parties resolve their disputes privately through Family Mediation, one of the more popular Alternate Dispute Resolution (‘ADR’) processes.
It is becoming increasingly common for intellectual property to be one of the most valuable assets of a business. Indeed, in many cases it is the most valuable asset of a business.
If you are a party to a construction contract or supply related goods and services under one, then the Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is relevant to you.
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