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  • Article

    Leases between Related Parties – Recent case reinforcing the need to have a formal lease in place

    Reminder for parties in lease arrangements to ensure that they have a formal lease in place documenting the arrangement.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Pre-shrunk: NCAT proceedings available when a developer sets initial levies too low

    If lot owners face inflating estimates and levies, there may be some recourse to seek compensation from the developer.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
Article

Retail leases in NSW: Le v Gallego [2017] NSWCATAP 58

The Tribunal found that, where there is no occupation and no lease, a deposit is not payment of rent under a lease.
AustraliaReal Estate and Construction
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Russell v Carpenter [2022] NSWCA 252 – Appeals Court finds no requirement for a handrail on stairs at a rental property

    A reminder of a property occupants' requirement to take reasonable care for their own safety.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Death tax in Australia: A reminder from the UK in family provision claims

    This case shows potential delays and increased costs of family provision claims if a death tax is introduced in Australia.
    AustraliaTax
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Good News - New DGR category for Community Sheds

    A new specifically listed DGR category identifies Community Sheds as eligible recipients of tax-deductible donations.
    AustraliaTax
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case summary: Kemp v Insurance Australia Limited T/as NRMA Insurance [2024] NSWPICMP 260 (29 April 2024) – The importance which can be placed on contemporaneous records

    Medical Assessors may place greater emphasis on contemporaneous records over expert opinions that rely on false history.
    AustraliaTransport
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Ride share transport and the Uber class action settlement

    Looks at recent class action against Uber & explores factors contributing to emergence of more ride share regulations.
    AustraliaTransport
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Changed Parental Leave Rights for a Modern Society

    The Fair Work Act 2009 has significantly amended the Federal Government’s previous approach to an employee’s entitlement to take leave upon the birth of a child.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Common law negligence claims for aged care employees

    Aged care employees who contract COVID-19 may have potential workers compensation claims.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Making Sure Your Superannuation Goes Where You Intend

    When you pass away, your superannuation doesn't automatically become part of your estate—it's held in trust and distributed according to specific rules. Without the right nomination in place, the fund trustee, not your will, may decide who receives your super. Understanding binding versus non-binding nominations and ensuring your documentation is valid can make the difference between your wishes being honored or your super going to unintended beneficiaries.
    AustraliaFamily and Matrimonial
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The ePayments Code: What you need to know about this key consumer protection framework in Australia

    Significance of ePayments Code & why you should be mindful of its provisions concerning unauthorised transactions on your credit cards.
    AustraliaConsumer Protection
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Thermomix and the compensation law issues cooking

    The complaints about the Thermomix appliance may have only touched the surface in respect of compensation law issues.
    AustraliaConsumer Protection
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Not quite Come One, Come All - but we are getting there: The Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 (NSW)

    NSW has taken cautious steps in implementing measures to further ease COVID-19 restrictions that were currently in place.
    AustraliaCoronavirus (COVID-19)
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    ACNC Update

    Australian Charities and Not-for-profits Commission keeps constantly active, so here are some notes on recent projects.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Lifetime Director Identification Numbers introduced under new anti-phoenixing legislation

    The DIN regime will help prevent fictitious identities and assist regulators to trace directors of failed companies.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Ruby Princess class action waiver clauses unfair

    Looks at the Judgment finding the class action waiver clause as unfair terms under ACL & potential implications moving forward.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Broken-hearted lover or something more sinister - Elvis or an AVO?

    There needs to be a careful consideration and an appreciation that your actions could have serious consequences at law.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Commonwealth redress scheme for institutional abuse

    The Scheme is the product of recommendations by the Royal Commission Into Institutional Responses to Child Sexual Abuse.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Seeking an apprehended violence order

    Elvis Presley sang a great song titled "Return to Sender".
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Showing 441–460 of 1413 results

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