ArticleLiquidator’s Disclaimer of Lease extinguishes Leasehold InterestThe disclaimer of a lease by the liquidator of a lessor was held to extinguish the leasehold interest of the lessee.AustraliaInsolvency/Bankruptcy/Re-StructuringMakinson d'Apice Lawyers
ArticleLiquidator’s Disclaimer of Lease Extinguishes the Leasehold InterestThe decision is particularly relevant where a liquidator wants to sell a property unencumbered, not subject to a lease.AustraliaInsolvency/Bankruptcy/Re-StructuringMakinson d'Apice Lawyers
ArticleLehman Brothers class action - a win for Not-For-ProfitsLehman Brothers was liable for misleading clients including Church and NFP Groups to purchase complex financial products.AustraliaLitigation, Mediation & ArbitrationMakinson d'Apice Lawyers
ArticleIn a Lease, is that Repair Structural?It is important for both landlords and tenants to have an understanding as to what is considered a "structural" repair.AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticleExercise of Option to Renew – Where Tenant is in Default?Landlords cannot assume that a Tenant will be precluded from exercising an option to renew even with numerous defaults.AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticleExercise of Option to Renew – Where Tenant is in DefaultA condition in most options to renew is that the Tenant may only exercise the option if not in default of the lease. AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticleQuiet Enjoyment of Leased Premises: more than just noiseThe right of a tenant to quiet enjoyment is not only a right to use the premises but also to enjoy the premises.AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticleUpdate: Not For Profits and UBIT (taxation of 'unrelated business income')We thought it appropriate to provide an update on the proposals for taxation of unrelated business activities.AustraliaCorporate/Commercial LawMakinson d'Apice Lawyers
ArticleMissing charities could lose tax concessionsThe ACNC has recently released a register of charities that have not responded to communication from the regulator.AustraliaCorporate/Commercial LawMakinson d'Apice Lawyers
ArticleSchool Funding Suspended in NSWThe NSW Government has used s21A of the Education Act to freeze funds to a non-government school operating for profit.AustraliaConsumer ProtectionMakinson d'Apice Lawyers
ArticleACNC Bills: Inquiry Report issuedThe Standing Committee recommends that the House pass the ACNC bills, but Liberal members may not give their support.AustraliaCorporate/Commercial LawMakinson d'Apice Lawyers
ArticleCharities Act to commence on 1 January 2014The Charities Act 2013, which includes a definition of charity, will commence on 1 January 2014 as planned.AustraliaCorporate/Commercial LawMakinson d'Apice Lawyers
ArticleFurther Progress towards a National ACNC Regulatory FrameworkACT and SA both aim to align their regulatory frameworks for incorporated associations and fundraising with the ACNC.AustraliaCorporate/Commercial LawMakinson d'Apice Lawyers
ArticleSensis v Bivami: Who can claim on a bank guarantee?Bank guarantees are generally drafted unconditionally, so the bank could likely pay the claim out to a former owner.AustraliaFinance and BankingMakinson d'Apice Lawyers
ArticleNFP Reform – Government Slow DownNot-for-profit sector reforms will now be staged to allow organisations to transition to the new regulatory framework.AustraliaGovernment, Public SectorMakinson d'Apice Lawyers
ArticleSchool Chaplaincy Program Unconstitutional – High Court RulingA Government Funding Agreement does not satisfy the constitutional requirements to provide funding for school chaplains.AustraliaGovernment, Public SectorMakinson d'Apice Lawyers
ArticleSchool Funding Suspended in NSWNSW Government Freezes Islamic Schools Funding under Section 21A.AustraliaGovernment, Public SectorMakinson d'Apice Lawyers
ArticleExcursions: Schools should check InsurancesA school can be vicariously liable for the negligent actions of independent contractors if it has entrusted its students.AustraliaInsuranceMakinson d'Apice Lawyers
ArticleIs that Repair Structural? - liability under a leaseIt is important for landlords and tenants to have an understanding as to what is considered a "structural" repair.AustraliaReal Estate and ConstructionMakinson d'Apice Lawyers
ArticlePublic Ancillary Fund Returns 2012 to be lodgedOperators of Public Ancillary Funds have been requested by the ATO to lodge their 2012 Public Ancillary Fund Returns.AustraliaTaxMakinson d'Apice Lawyers