Digital Retail

Thumbnail image for Digital Retail August 28, 2017

In 2016, about 7% of retail goods sold in Australia were sold online. Online retailers are often based overseas and sometimes in jurisdictions with less stringent consumer laws than Australia. The issue of jurisdiction recently came before an Australian Court as to whether digital content was covered by the Australian Consumer Law (“the ACL”). The […]

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Planning Ahead for Your Pet

Thumbnail image for Planning Ahead for Your Pet August 28, 2017

For many of us, our pets are important members of the family. Have you considered how they are dealt with by the law after your death or in the event of a relationship breakdown? Estate Planning and Pets It is possible to include a clause in your Will directing how you would like your pet […]

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Changes to the Limitation of Liability Scheme for CPA Accountants

August 28, 2017

Members of CPA Australia will lose the benefit of protection under the Liability Scheme for CPA Accountants from 7 October 2017 when the CPA Professional Standards Scheme renewal expires. This is because the NSW Government is examining whether the financial services offered by CPA Australia could hinder the discipline of its members in relation to […]

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Budget 2017: Changes to Property Law

Thumbnail image for Budget 2017: Changes to Property Law June 8, 2017

Residential properties From 1 July 2017 depreciation deductions on removable assets (such as plant and equipment) will be abolished for purchasers of residential property. Also, purchasers of plant and equipment will only be eligible to claim a deduction over the effective life of the asset after 9 May 2017. Additionally, any deductions for travel expenditure […]

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Budget 2017: Changes to GST

June 8, 2017

From 1 July 2018, purchasers of newly constructed residential property or subdivisions will be required to remit GST directly to the Australian Taxation Office (“ATO”) instead of the vendor upon settlement. This will stop developers from failing to remit the GST to the ATO despite having previously claimed GST credits from their construction costs. The […]

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Bloodline trusts

February 14, 2017

We have received a number of queries about establishing a trust which makes sure that capital and income of a specific trust can only be passed to a person’s natural heirs and related entities.  The usual wide range of general beneficiaries such as spouses and extended family members are excluded.   These types of trusts […]

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Representative of tenants at meetings of an Owners Corporation

February 14, 2017

The new Strata Schemes Management Act permits tenants to be represented at the meetings of the Owners Corporation.  A representative of the tenants can only be appointed if at least 50% of the lots in the Strata Scheme are tenanted and the representative is appointed by the tenants.   If more than 50% of the […]

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McDonald Johnson adopts electronic conveyancing

February 14, 2017

The firm has joined a system which connects to an electronic network of banks, Land and Property Information, other lawyers and other industry participants involved in property transactions. This system now permits transactions to be completely conducted on an electronic platform to the extent that contracts and settlements can now be exchanged electronically. Importantly for […]

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Exclusive dealings

November 17, 2016

It is becoming common for people considering purchasing a property to want to have an exclusivity period where the vendor is not allowed to deal with anyone else during the period whilst the purchaser "gets its house in order".  This allows a purchaser to carry out due diligence and other enquiries during the exclusivity period […]

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All issues to be raised together

November 17, 2016

There is a longstanding legal principle that all relevant legal issues must be raised in the one set of Court proceedings.  It is not possible to be silent on an issue and then raise it later.  This comes from the decision of Port of Melbourne Authority v Anshun Pty Ltd.   The recent decision in […]

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Does a solicitor owe a duty of care to a beneficiary?

Thumbnail image for Does a solicitor owe a duty of care to a beneficiary? November 17, 2016

It has been established law for some time that when drafting a Will a solicitor owes a duty to the client and also to any third party beneficiary.  The High Court recently had to consider this issue in the case of Badenach v Calvert [2016] HCA 18.   The High Court has found that there […]

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Strata management legislation and the increasing popularity of Airbnb

Thumbnail image for Strata management legislation and the increasing popularity of Airbnb November 17, 2016

There has been a proliferation of short term lettings through operations like Airbnb.  A relevant issue is whether a Strata Scheme can pass a by-law to prevent short term lettings of lots.    The new Strata Schemes Management Act prohibits a by-law which prevents dealing with a lot unless the by-law allows that dealing.    […]

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Reforms to legislation governing Incorporated Associations have commenced in NSW

September 27, 2016

Amendments to the Associations Incorporation Act 2009 commenced on 1 September 2016. The purpose of the amendments is to make it easier for Incorporated Associations to comply with legislative requirements. One major change is to the Model Constitution, which has been updated to include new rules concerning electronic ballots, use of technology at General Meetings […]

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Mortgagee in possession has no right to claim Home Warranty Insurance when developer becomes insolvent

Thumbnail image for Mortgagee in possession has no right to claim Home Warranty Insurance when developer becomes insolvent September 27, 2016

In its recent decision of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation [2016] NSWSC 532, the New South Wales Supreme Court considered whether a mortgagee in possession of an incomplete and faulty development is able to call on the Home Warranty Insurer in circumstances where the developer becomes insolvent and cannot complete or repair […]

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The importance of making a Superannuation Binding Nomination

Thumbnail image for The importance of making a Superannuation Binding Nomination September 27, 2016

It is well known that the proceeds of a superannuation fund do not necessarily fall into your estate and may not be distributed in accordance with your Will, unless you nominate yourself as the beneficiary by making a Binding Nomination with the fund. You need to make a Binding Nomination which obliges the trustee of […]

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