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  • Article

    Debtor prison – alive and well in 2016

    We are not aware of anyone being jailed for failing to pay an ASIC costs order, but the power to do so is always there.
    AustraliaFinance and Banking
    Surry Partners
    Surry Partners
  • Article

    Selling or leasing your property - with a pool? Changes to sale and leasing requirements of properties with swimming pools in NSW

    Failure to comply with the sale and leasing requirements for properties with pools can give rise to serious consequences.
    AustraliaReal Estate and Construction
    Surry Partners
    Surry Partners
  • Article

    Painaway – a complex shareholder dispute with a happy ending

    The article is an account of a company dispute, where a DOCA eventually returned 100 cents in the dollar to creditors.
    AustraliaCorporate/Commercial Law
    Surry Partners
    Surry Partners
  • Article

    Set Offs – a recap

    Set off rights can be complex, particularly in equity, and the article highlights a few of the basic set off principles.
    AustraliaCorporate/Commercial Law
    Surry Partners
    Surry Partners
  • Article

    Managing employee performance in the age of the anti-bullying Regime

    An employer can avoid a bullying charge by an employee if reasonable management action is taken in a reasonable manner.
    AustraliaEmployment and HR
    Surry Partners
    Surry Partners
  • Article

    Are you renting retail premises? Options for renewal - opportunity for tenant to determine current market rent early (Retail Leases Act 1994 (NSW) – Section 32)

    S.32 provides certainty to a tenant who wishes to exercise an option to renew, but has concerns about new rent payments.
    AustraliaReal Estate and Construction
    Surry Partners
    Surry Partners
  • Article

    Commercial tenancies: NSW government offers $440 million land tax break

    This NSW land tax relief package could be divided about 50-50 between the commercial sector and the residential sector.
    AustraliaTax
    Surry Partners
    Surry Partners
  • Article

    High Court decision protects employees against sham contract arrangements

    Employers cannot avoid these FWA 'sham' contracting provisions, by using third parties such as labour-hire companies.
    AustraliaEmployment and HR
    Surry Partners
    Surry Partners
  • Article

    Expert evidence - Admissibility remains a challenge for experts and lawyers

    The case is a reminder on the quite stringent requirements for experts' reports, including detailed expert reasoning.
    AustraliaLitigation, Mediation & Arbitration
    Surry Partners
    Surry Partners
  • Article

    Social media and the workplace

    The world of social media is growing exponentially, as is its impact on all stages of employment.
    AustraliaEmployment and HR
    Surry Partners
    Surry Partners
  • Article

    Update on the prohibition of a company assisting a person to buy its shares

    There are strict limits on when a company can provide financial assistance to enable a person to acquire shares in it.
    AustraliaCorporate/Commercial Law
    Surry Partners
    Surry Partners
  • Article

    Agent commission claims

    Disputes over claims for commission require examination of the exact words in the contract and circumstances re cause of sale.
    AustraliaCorporate/Commercial Law
    Surry Partners
    Surry Partners
  • Article

    Post-employment restraints - Real Estate Agents

    A recent NSW case considered restraint clauses in employment contracts of real estate agents.
    AustraliaEmployment and HR
    Surry Partners
    Surry Partners
  • Article

    Commercial tenancies – COVID-19: New proposed measures

    A mandatory code of conduct for commercial tenancies will be developed and legislated by State and Territory Governments.
    AustraliaReal Estate and Construction
    Surry Partners
    Surry Partners
  • Article

    Privacy Laws – compliant? Who? Me?

    Business collecting any information relating to a natural person are required to comply with Australian privacy laws.
    AustraliaPrivacy
    Surry Partners
    Surry Partners
  • Article

    Commercial tenancies - The Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) has now commenced

    This regulation gives NSW effect to the Code of Conduct for certain commercial leases, as adopted by National Cabinet.
    AustraliaReal Estate and Construction
    Surry Partners
    Surry Partners
  • Article

    SME shareholder agreements – preventative medicine

    I have recently acted in a number of SME shareholder disputes requiring my disputes and insolvency expertise.
    AustraliaCorporate/Commercial Law
    Surry Partners
    Surry Partners
  • Article

    Who let the dogs into NSW apartment buildings?

    A forthcoming review of NSW strata laws will provide more clarity surrounding the keeping of animals in apartments.
    AustraliaReal Estate and Construction
    Surry Partners
    Surry Partners
  • Article

    Unregistered second mortgages over real property in NSW – to be avoided?

    Our view is that an unregistered mortgage should rarely be accepted by a lender as a principal form of security.
    AustraliaFinance and Banking
    Surry Partners
    Surry Partners
  • Article

    Creditors Statutory Demands: What to do about post judgment interest?

    Be careful with Creditors Statutory Demands because a later request for interest can cause the enforcement mechanism to fail.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Surry Partners
    Surry Partners

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