Article
Serious assault of a police officer causing bodily harm – Probation and no actual custody
The criminal offence of assault against a police officer while on duty could carry a maximum penalty of 7 years.
Rostron Carlyle Rojas
- Article
Changes to the application of section 459S - Each case to be considered on its merits
Recent court decision opens the door for greater discretion in future applications pertaining to section 459S of the Act.Rostron Carlyle Rojas - Article
What happens when your company becomes insolvent?
When your company becomes insolvent, things outside your control may happen, so you should understand your rights.Rostron Carlyle Rojas - Article
Disclosure, when does the duty arise?
The duty of disclosure arises automatically in a court when a party commences legal proceedings against another party.Rostron Carlyle Rojas - Article
How long can you be chased for a debt?
Failure to establish the limitation period may mean you are unable to recover your debt, if it becomes statute-barred.Rostron Carlyle Rojas - Article
Interlocutory injunctions
An interlocutory injunction is a court order to prevent a party's infringing conduct pending court proceedings.Rostron Carlyle Rojas - Article
Social media users can be publishers of comments on their social media posts in to establish defamation.
Anyone with a web presence that publishes content needs to monitor third party comments to limit liability in defamation.Rostron Carlyle Rojas - Article
What property passes under my will?
This article addresses property that does not form part of an estate for distribution in accordance with the will.Rostron Carlyle Rojas - Article
What is reasonable in a restraint of trade clause?
What are restraints? Legal enforceability.Rostron Carlyle Rojas - Article
Three ways to ensure your business is viable, post COVID-19
Employers should assess the full extent of COVID-19's impact on the business to ensure that the business is viable.Rostron Carlyle Rojas - Article
Director resignations: New laws apply from 18 February 2021
To combat illegal phoenix activity, company directors will not be able to backdate their resignations more than 28 days.Rostron Carlyle Rojas - Article
Director resignations: New laws to combat illegal phoenix activity apply from 18 February 2021
Illegal phoenix activity involves serious breaches of the law, including directors' duties, removal of assets and fraud.Rostron Carlyle Rojas - Article
The effect of changing personal relationships on your Will
A change in your personal relationship could have a significant effect on your Will and on your intended beneficiaries.Rostron Carlyle Rojas - Article
High Court delivers judgment on appeal regarding set-off defence to unfair preference claim
A reminder of the limitations of set-off in the context of a company winding up and the recovery of unfair preferences.Rostron Carlyle Rojas - Article
Eligibility test for owning residential real estate property in Australia as a foreigner
Generally, foreigners can only purchase new residential dwellings in Australia.Rostron Carlyle Rojas - Article
What happens if a party to a contract for sale of property dies before completion?
Where the Vendor dies before completion, the ownership of the property will determine who is legally authorised to perform the contract.Rostron Carlyle Rojas - Article
Are you establishing a foreign discretionary trust?
Before establishing a discretionary trust, consider specifically excluding foreign persons from being beneficiaries.Rostron Carlyle Rojas - Article
Conduct affirming the existence of a contract
The silence of an offeree, together with other circumstances of the case, may indicate that he has accepted the offer.Rostron Carlyle Rojas - Article
Three types of bankruptcies in Australia
Discusses 3 types of bankruptcies: Voluntary bankruptcy; Debt agreement; Personal insolvency agreement.Rostron Carlyle Rojas - Article
Wags at war: Vardy v Rooney
Discussion about recent defamation case.Rostron Carlyle Rojas