Recent news & publications
Date: 16 Mar 2018
In our most recent publication on leasing, we focused on the consent that a tenant might need to obtain from its landlord if the tenant wishes to assign its interest in a lease. In this article, we explore some key considerations that arise when it is the landlord assigning its interest in a lease.
Date: 06 Mar 2018
Mediation has become a popular method to resolve disputes, and with good reason. Depending on the circumstances, mediation can offer numerous advantages over traditional litigation.
Date: 28 Feb 2018
The February 2018 edition of the Australian Property Law Bulletin (a LexisNexis publication) contains an article by Ben Shaw and Matthew Butchard entitled 'Resolving GST ambiguity: A & A Property Developers Pty Ltd v MCCA Asset Management Ltd.'
Date: 22 Feb 2018
From 22 February 2018, businesses subject to the new mandatory data breach notification regime will face penalties of up to $1.8 million if they fail to report data breaches in circumstances where serious harm could occur to an individual whose data has been compromised.
Date: 24 Jan 2018
The proposed assignment by tenants of their leases can lead to frustration, thwarted ambitions and unforeseen expense. Why, when so many assignments proceed without a hitch, should this be so?
Date: 18 Jan 2018
The December 2017 edition of the In House Counsel Newsletter (a LexisNexis publication) contains an article by Maree Skinner entitled ‘Considerations for employers in the "gig economy" era'.
Date: 13 Dec 2017
The silly season is upon us and with that comes a greater emphasis on just ‘getting the deal done’ before year’s end. While remedies are available to contractual parties where mistakes have been made in finalising deal documentation, they can be costly to resolve. Proper care therefore needs to be taken to ensure that final documents truly reflect what was agreed between the parties.
Date: 06 Dec 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) applies to government agencies, private sector organisations with annual turnovers over $3m, and all organisations handling health information or involved in credit reporting.
Date: 30 Nov 2017
Consider the position of the buyer of a business, entering into a sale agreement with the seller. The seller will make various representations about the business that will be underpinned with warranties and indemnities, all for the purpose of giving the buyer comfort about what they are purchasing.
Date: 29 Nov 2017
The newly enacted Treasury Laws Amendment (2017 Enterprise Incentives No.2) Act (Cth) 2017 (Safe Harbour Legislation) is primarily concerned with giving company directors breathing space in circumstances where a restructure is being pursued.
Date: 30 Oct 2017
Building owners incur substantial costs arising from their ownership, commonly referred to as ‘outgoings’. In the landlord and tenant context, outgoings are often a topic of debate in lease negotiations. Invariably, landlords will want to pass on the costs of outgoings to their tenants.
Date: 27 Sep 2017
Landlords and tenants of retail premises take note – there has been significant change to the regulation of trading hours for retail shops in Queensland, with the Trading (Allowable Hours) Act (Qld) 1990 (Act) having had its first major overhaul in more than 20 years.
Date: 14 Sep 2017
When shareholders in a company fall out, they sometimes allege that the company’s affairs have been managed in an unfair or oppressive way. Parties to a joint venture gone sour, warring directors, or families mired in disputes over the direction, management, succession and future control of a business are the typical parties to a shareholder dispute, commonly known as an ‘oppression proceeding’.
Date: 08 Sep 2017
All businesses should be reviewing the way they manage the risk of underpayment and worker exploitation as the Federal Government’s reforms to protect vulnerable workers are about to take effect.
Date: 30 Aug 2017
When a lease is being negotiated, landlords and tenants often pay little attention to the ‘make good’ provisions in the lease. As these clauses relate to what the tenant must do at the expiry or earlier termination of the lease, they are often glossed over as something that can be dealt with later.
Date: 08 Aug 2017
Electronic conveyancing commenced in NSW in 2013, allowing (but not requiring) lenders to electronically lodge mortgages and discharges of mortgages through Property Exchange Australia (PEXA).
Date: 28 Jul 2017
In New South Wales, the process for resolving a retail tenancy dispute is primarily governed by the Retail Leases Act 1994 (NSW) (RLA), which sets out the rights and obligations of the parties in resolving retail tenancy disputes, as well as the processes that must be followed.