ArticleDebtor prison – alive and well in 2016We 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 BankingSurry Partners
ArticleSelling or leasing your property - with a pool? Changes to sale and leasing requirements of properties with swimming pools in NSWFailure to comply with the sale and leasing requirements for properties with pools can give rise to serious consequences.AustraliaReal Estate and ConstructionSurry Partners
ArticlePainaway – a complex shareholder dispute with a happy endingThe article is an account of a company dispute, where a DOCA eventually returned 100 cents in the dollar to creditors.AustraliaCorporate/Commercial LawSurry Partners
ArticleSet Offs – a recapSet off rights can be complex, particularly in equity, and the article highlights a few of the basic set off principles.AustraliaCorporate/Commercial LawSurry Partners
ArticleManaging employee performance in the age of the anti-bullying RegimeAn employer can avoid a bullying charge by an employee if reasonable management action is taken in a reasonable manner.AustraliaEmployment and HRSurry Partners
ArticleAre 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 ConstructionSurry Partners
ArticleCommercial tenancies: NSW government offers $440 million land tax breakThis NSW land tax relief package could be divided about 50-50 between the commercial sector and the residential sector.AustraliaTaxSurry Partners
ArticleHigh Court decision protects employees against sham contract arrangementsEmployers cannot avoid these FWA 'sham' contracting provisions, by using third parties such as labour-hire companies.AustraliaEmployment and HRSurry Partners
ArticleExpert evidence - Admissibility remains a challenge for experts and lawyersThe case is a reminder on the quite stringent requirements for experts' reports, including detailed expert reasoning.AustraliaLitigation, Mediation & ArbitrationSurry Partners
ArticleSocial media and the workplaceThe world of social media is growing exponentially, as is its impact on all stages of employment.AustraliaEmployment and HRSurry Partners
ArticleUpdate on the prohibition of a company assisting a person to buy its sharesThere are strict limits on when a company can provide financial assistance to enable a person to acquire shares in it.AustraliaCorporate/Commercial LawSurry Partners
ArticleAgent commission claimsDisputes over claims for commission require examination of the exact words in the contract and circumstances re cause of sale.AustraliaCorporate/Commercial LawSurry Partners
ArticlePost-employment restraints - Real Estate AgentsA recent NSW case considered restraint clauses in employment contracts of real estate agents. AustraliaEmployment and HRSurry Partners
ArticleCommercial tenancies – COVID-19: New proposed measuresA mandatory code of conduct for commercial tenancies will be developed and legislated by State and Territory Governments.AustraliaReal Estate and ConstructionSurry Partners
ArticlePrivacy Laws – compliant? Who? Me?Business collecting any information relating to a natural person are required to comply with Australian privacy laws.AustraliaPrivacySurry Partners
ArticleCommercial tenancies - The Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) has now commencedThis regulation gives NSW effect to the Code of Conduct for certain commercial leases, as adopted by National Cabinet.AustraliaReal Estate and ConstructionSurry Partners
ArticleSME shareholder agreements – preventative medicineI have recently acted in a number of SME shareholder disputes requiring my disputes and insolvency expertise.AustraliaCorporate/Commercial LawSurry Partners
ArticleWho 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 ConstructionSurry Partners
ArticleUnregistered 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 BankingSurry Partners
ArticleCreditors 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-StructuringSurry Partners