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Bendel v Commissioner of Taxation
Chelsea Lyford || October 13, 2023
Did the Administrative Appeals Tribunal make the “correct and preferable decision” and where to from here? In a recent case, the Administrative Appeals Tribunal (Tribunal) decided that a corporate beneficiary’s unpaid present entitlement to income (or capital) of a trust was not a “loan” by the corporate beneficiary to the trustee under s 109D(3) of...
A caregiver and older person hold hands
Protecting yourself from elder abuse: World Elder Abuse Awareness Day
Karina Penfold || June 15, 2023
Co-authored by Lauren Sleiman World Elder Abuse Awareness Day falls every year on 15 June. It is a day which represents the world’s stance against all manifestations of abuse inflicted on older people. Elder abuse has become a hot topic in recent news but it is far from a newly emerging issue. Unfortunately, as Lawyers...
Fair Work Act: Latest updates from 6 June 2023
Victoria Quayle || June 14, 2023
Following amendments to the Fair Work Act in December 2022, employment law is in a period of substantial and significant reform. It is crucial for Australian employers to be aware of and to understand these changes. The latest tranche of changes came into effect on 6 June 2023 as part of the staged commencement of...
Design and Building Practitioners Act claims - three builders in high vis and hard hats stand looking at plans on site
Have you breached your duty of care? Understanding claims under the Design and Building Practitioners Act
Ben Johnson || March 2, 2023
Since it began operating in June 2020, the duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW) (Act) has become increasingly popular in claims against almost anyone involved in the design and construction of buildings. Recent decisions from the Supreme Court have shown that the duty of care can...
Angry dissatisfied couple arguing meeting lawyer or manager having legal fight about a will.
Family Provision Claims: The Big Scary Monster
Karina Penfold || December 10, 2022
A family provision claim is a claim brought by an “eligible person” (as defined under section 57 of the Succession Act 2006 (NSW) (‘the Act’), either for provision from the estate of the deceased in circumstances where the claimant was left out all together or for further provision in circumstances where the claimant was left...
Close up of hands typing on laptop. Night work concept.
Director identification number – do you still need to apply?
Malcolm Campbell || December 1, 2022
The Australian Business Registry Services (ABRS) has announced a slight change to the deadline for Directors to apply for a Director Identification Number. Initially, Directors were instructed to apply for a Director ID by 30 November 2022. This deadline remains the same, however the ABRS has released a statement confirming they would not penalise anyone...
Part 3: Duty Payable on Options - and other important Duty Changes
Malcolm Campbell || November 11, 2022
This is the final instalment in a series of blogs on the topic of recent amendments to the Duties Act 1997 (NSW) (the Act) – and, of course, what this means for you, and how we can help. This blog covers the transfer of certain business property between family members, surcharge purchaser duty (in the...
Has your strata plan updated its address for service?
Ben Johnson || November 1, 2022
When an owners corporation gets into a dispute with a lot owner or third party, Section 262 of the Strata Schemes Management Act 2015 (NSW) provides that legal documents can be served on the owners corporation at the address recorded on the common property title. Often however, the recorded address for service is not the...
Part 2: Duty payable on options – and other important duty changes
Malcolm Campbell || October 27, 2022
This blog covers the changes to acknowledgment of trust, off the plan transactions, and the breakup of marriages and de facto relationships.
Salvage Lien attempt fails
James Hamilton || September 27, 2022
Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd ( Receivers and Managers Appointed)(in liquidation) [2022] NSWSC 573. In this case administrators, then liquidators (Messers Albarran, Lawrence and Vouris) (VA) failed to obtain a salvage lien over a cash fund to secure their unpaid expenses and remuneration incurred in trading on a car...

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