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: 14 Feb 2018
In early 2017, the Federal Government announced in the 2017-2018 Budget a comprehensive package of reforms to strengthen accountability and competition in the banking sector.
Date: 06 Feb 2018
The recently enacted safe harbour legislation provides protection to company directors and officers from a claim for insolvent trading where they develop a course of action that is reasonably likely to result in a 'better outcome' for a company.
Date: 01 Feb 2018
On 14 December 2017, the Governor General established the Royal Commission by finalising its Terms of Reference and appointing former High Court Justice Kenneth Hayne as Commissioner. The pre-disclosure reports from larger organisations in the banking, superannuation and financial services sector were submitted on 29 January 2018. The Royal Commission will convene its first initial public hearing on 12 February 2018.
Date: 30 Jan 2018
The January 2018 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ‘PPSA - what difference does it make? (Part 2)'.
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: 16 Jan 2018
On 2 January, whilst many us were all contemplating ways to use up the very last of the Christmas ham, the directors of the Belmont Sportmans Club Co-operative Ltd (Club) were asking Justice Black of the NSW Supreme Court to appoint John Morgan and Geoff Davis as voluntary administrators to the Club.
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: 16 Nov 2017
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Ben Shaw and Morgan Stack entitled ‘Charging clauses: is near enough still good enough?'
Date: 15 Nov 2017
Contracting arrangements have become increasingly common as the ‘gig economy’ has gained momentum and the composition of Australia’s workforce has shifted, with many workers seeking greater autonomy and flexibility. It’s important for employers to ensure contractors are engaged appropriately to avoid the risk of claims from workers or prosecution by regulators.
Date: 09 Nov 2017
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ‘PPSA - what difference does it make?'
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: 26 Oct 2017
A central theme in Australia’s safe harbour legislation is a “better outcome for the company”. Achieving a “better outcome” is the ultimate aim of the course of action to be taken by directors to enliven the protection afforded by the safe harbour regime. Conversely, directors will be outside safe harbour once that course of action ceases to be reasonably likely to achieve that “better outcome”.