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In-House Newsletters

July 2008

Do Costs Always Follow the Event? - Deceased Estate Property Claims

May 2008

Insolvency Law Reforms

February 2008

Business Migration

Abolition of NSW Mortgage Duty

January 2008 - Special Edition

Stamp Duty on Leases Abolished from 1 January 2008

November 2007

German Australian-Pacific Lawyers Association

DOCA May Not Offer Directors Protection from the ATO

Termination for Convenience

October 2007

Stamp Duty Reform

Third Party Writ Blocks Sale After Purchase Price Paid

August 2007

Workplace Relations Fact Sheet

July 2007

Rainbow Cross Border Business Law Association

Sons of Gwalia Decision

Your Confidential Information

March 2007

Restraining Former Employees - The Cactus Imaging Case

Independent Contractors Legislation

Directors Must Take Their OH&S Obligations Seriously

November 2006

The Insolvency Trustee's Sharp & Powerful Claw

Trade Marks - Protecting Your Business

September 2006 - Special Edition

Record Keeping Obligations imposed by Work Choice Regulations

June 2006 - Special Edition

"Unfair Dismissal" - Effect of Work Choices Legislation on Australian Subsidiaries of Overseas Corporations

April 2006

Presentation in Berlin

Work Choices Now in Effect

Employer Unable to Enforce Restraint of Trade Clauses

New Swiss Law Consultant

February 2006

Who Gets Your Superannuation When You Die?

Recent Decisions on the Issue of Personal Services Income

Retail Leases Amendment Act 2005

January 2006 - Special Edition

Industrial Relations Reforms - How Will They Affect Your Business?

November 2005

Mechanisms for Resolving Commercial Disputes

Keeping Quiet Won't Keep You Out of Trouble

The Family Provisions Test Case

August 2005 - Special Edition

Just, Quick and Cheap - Amendments to Civil Procedure in the NSW Local, District and Supreme Courts

Setting Aside Statutory Demands

Discretionary Trusts - A Re-Cap

June 2005 - Special Edition

Immigration Law

Investments in Australia Made Easy

May 2005

Employee Inventions and Intellectual Property - Who Owns Them?

Recent Changes to the Retail Leases Act - Landlords Beware!!

Redundancy - Latest Developments

March 2005

Important Changes to New South Wales Land Tax

Incorporating an Expert Determination Clause into Commercial Contracts

Liability of Directors for Insolvent Trading

October 2004

What is the Extent of a Director's Liability in a Trading Trust?

Sponsor and Direct Employer

Taxation Treatment of Trusts

July 2004

Changes to Redundancy Laws - What Are the Implications for your Business?

New Stamp Duty Laws in New South Wales

Taxation Treatment of Companies

April 2004

New Anti-Spam Legislation - What It Means For You?

Justice of the Peace - No Longer For Life!

Taxation Treatment of Partnerships

January 2004

Celebrating 25 Years

Is it Time to Plan your Estate?

How Best to Protect your Intellectual Property

Taxation of Different Business Entities

October 2003

Divorce - What happens to your Will?

Changing Employers under an Employment Sponsored Visa

Dealing with Insolvent Companies - What are the Risks?

August 2003

Welcome to Legal Up-Date

No More Annual Returns

Does your Case have Reasonable Prospects of Success?

Developments in Copyright Law - Employee's Moral Rights

New City Premises

Law Society of New South Wales Newsletters

In Touch with the Law - No. 1, 2008

Online Contracts - ebay Auction is binding
Culture of Copying - "Almost identical" design infringes copyright
Made in China - Getting what you paid for
Responsibility to Employers - Employment agency's duty of care
Internet Lawsuit - Blogging the enemy
Buying Assets - Structuring for capital gains tax
Foreign Land - Who will get your estate?
Let the Dogs In - Disability laws protects right to bring assistance animals
Liquidations - You can't hide the assets
Misleading the Customer - Online search engines taken to task
Self-Managed Super - By wary of financial pitfall

In Touch with the Law - No. 4, 2007

Buying a Property - Protect against new trap between exchange and completion
Discrimination - Laws apply to decisions made outside the country
Damages Claims - Limits on liability for injury
Psychiatric Illness - When is an employer negligent?
First Home Buyer Relief - Trustee parent seen as guardian
Long Service Leave - Federal agreement overrides state entitlement
Land Tax - Avoid costly and complex disputes
Tree Trouble - New law lets you go to court
Contractors - Who is held liable when someone gets hurt?
Wills - When can I write my own?

In Touch with the Law - No. 3, 2007

Directors' Liabilities - Each can be liable for totality of unpaid PAYG tax
First Home Buyer Relief - Trustee parent seen as guardian
Builders Not Paid - Can they claim your home as security?
Loss of Profits - Holding subcontractors responsible
Super's Magic Pudding - A plus for baby boomers
Workplace - Vicarious liability of employer extends to rape
Liquor Licence - Red light on applications that fail to disclose traffic offences
When a Sale is a Loan - Avoiding a taxable dividend
Disappointed Vendors - Two contractual options for claims
Separation - When the marriage is over but you can't afford to live apart

In Touch with the Law - No. 2, 2007

Misleading Conduct - Employees found personally liable
Buying and Selling Property - Who bears the risk of damage?
Parenting Plans - New laws to share looking after children
Finance - Partners' bitter end if timing is wrong
Transition Over - Work Choices record-keeping to be enforced
Landlords - Are you covered for damage caused by subtenants?
Injured Employee - What penalties for an employer with no insurance?
Farm Debt - When is a rural property not a farm?
Latent Injuries - What is the timeframe to make a claim?
Compensation - Employment must "significantly" contribute to the disease

In Touch with the Law - No. 1, 2007

Disability Trusts - Window of opportunity to convert existing trusts
Planning Ahead - Enduring guardians can help if you lose capacity
Victimisation - Health and safety watchdogs given protection
Tax Tips - Timing can save you money
Warning of Risk - Would you have acted differently?
Simplified Super - Broad changes established
Danger at Work - Directors' criminal liability for harm to employees
Bush Pressure - Complexity of land use and regulations
Financial Drought - Tax relief and tax danger in defaulting loans
Smoke Alarms - Warning notice required on contracts for sale of land

In Touch with the Law - No. 4, 2006

Security Deposits - If a sale goes bung, will you pay tax on the deposit?
Felled - Court fines company which cleared bushland
Purple Haze - Is it misleading to use a rival's signature product colour?
Children's Lawyers - New role of child's advocate in family court
Work Choices - Industrial action main concern of employers
GST Trap - Selling disused residential purposes
Litigation Funding - Underwriting your day in court
First Home Buyers - Beware the requirements to benefit from grants
Register the Deeds - Losing original deeds can be costly

In Touch with the Law - No. 3, 2006

Retail Leases - Be careful what you write
Business Identity - Dot the "i"s and cross the "t"s
Ticking Clock - What's the time limit for making a discrimination claim?
Future Savings - Succession planning for the small business
Business Deal? Beware hidden traps in contracts when buying or selling
Family Home - Fight for it has entered whole new era
Shared Parenting - Who will the children live with?
Price of Polluting - Drastic increase in environmental penalties
Tax Relief - Changes to land tax

In Touch with the Law - No. 2, 2006

Work Choices - New legislation on industrial relations
Contracts - What is an unjust contract?
Licensed Premises - What liability from too much to drink?
Certification - New board to regulate building industry
Defamation - A quick apology may be the best option
Trusts - Avoid capital gains tax when you transfer assets
Pyramid Selling - When is it (legal) multi-level marketing?
Buyer Beware - Look at information "for what it is worth"
Sexual Harassment - Where does the workplace end?

In Touch with the Law - No. 1, 2006

Shop Leases - New protections and obligations for retailers and landlords
Return of Deposits - Can you get your money back?
Super - Splitting the nest egg
Saving Tax - Financial planning after a marriage breakdown
Tax Fraud - It can mean going to jail
Volunteers - When is a person liable for damages?
Property Disputes - Are there differences for same-sex couples?
Get the Price Right - "Slash reductions" claimed must be real savings

In Touch with the Law - No. 4, 2005

New Trucking Laws - Chain of responsibility gets longer
Buying a Home - When what you see is not what you get
Leases - Negotiating to protect telecommunication site owners' rights
Managing Fraud - Businesses need simple, inexpensive preventive measures
Pre-Nuptials - Can you break an agreement?
Sex Discrimination - Systemic unfair treatment claimed in professional roles
No Honey Pot - Ensure the label sticks
Tax Objections - What is the timeframe to appeal a tax assessment?
Office Art - Can your super fund buy it for you?
The Family Farm - Life estates can be dealt with tax effectively

In Touch with the Law - No. 3, 2005

Surveillance at Work - New law requires employers to inform employees
Child Maintenance - New law will give right to recover wrongly paid support
Sports Danger - Tackle seen as an injury with intent
Tax Avoidance - Danger for directors in illegal tax advantage schemes
Misled on Pay - Claims of potential earnings must be realistic
Stress - Onus on employee to send early warning signals
Sniffer Dogs - Evidence from over-keen pooch excluded
Sub-Division - Vendor's obligation to register the plan
Radio Waves - Owners and managers responsible for exposure risk
Joint Ventures - How much do you have to share with your partners?

In Touch with the Law - No. 2, 2005

Price Fixing - Courts send out warning
Fashion Fling - Sends director to jail
High-Rise Living - New strata title laws for 100 or more units
Safety at Work - When driver fatigue is the employer's responsibility
Affirmative Action - What "special measures" are allowed to achieve equality?
Super Benefits - Are you permanently disabled if you can work part-time?
Buying Land - Look beyond the title deeds
Disclaimer Protects - When the real-estate brochure doesn't tell the truth
Falling Trees - Who has legal responsibility?

In Touch with the Law - No. 1, 2005

Depreciating Assets - What can be claimed for rental property?
Unconscionable Conduct - Mall management in leasing dispute
Fine Print - Contractor bound by unread terms in contract
Paper Trail - What documents should a business keep?
Vendor Duty - New charge on land-rich entities
Staff Surveillance - Legal requirements must be followed
Directors - If you act for a company, you can be liable to
Retail Tenants - Lease costs shift to landlords
Real Estate Commissions - Agents' retainers must be in writing

In Touch with the Law - No. 4, 2004

Intellectual Property - Who owns the rights to employee inventions?
Construction - Owner-builders given greater scope
Road Accidents - What compensation am I entitled to?
Industrial Relations - Strong-arm tactics targeted in building industry reform
Security - Businesses held responsible if staff are attacked
Vendor Duty - Exemption for financiers, extention for deceased estates
De Factos - Am I entitled to a property settlement?
Water - Precious resource under new management

In Touch with the Law - No. 3, 2004

Drink Drivers - Alcohol interlock devices offer a new option
Water Access - New legislation on water management
Environment - New disclosure requirements for investment products
Home Building - More changes to the law
Industrial Designs - After a century, new laws for registered designs
Duty of Care - Whose fault is it if your house develops cracks?
New Vendor Duty - A tax on profits in property transactions
Not the Real Thing - Misleading labels lead to court action
Capital Gains Tax - Nothing personal, it's taxable
Age No Barrier - Company directors have age restrictions removed

In Touch with the Law - No. 2, 2004

Spam Act - Restrictions on business use of unsolicited emails
Property - Warning against misleading contract prices
Bullying - Tackling nasty behaviour
Superannuation - Timely warning from the Tax Office
Secret Filming - Peep filming offence extended
Foreign Accounts - The ins and outs of offshore tax planning
Agency Workers - Who is liable for cover of employee rights?
Land Acquisitions - How to determine special value
GST Hoops - Property sales - private assets or trade assets?

In Touch with the Law - No. 1, 2004

Directors: - Increasing responsibility and liability
Breastfeeding - New legislation makes discriminating unlawful
Powers of Attorney - New safeguards against financial abuse
New Businesses - It pays to choose the right structure
Property - Implications in joint ownership
Widening Tax Base - New costs for small business with property interests
Franchises - Franchisor's failed attempt to avoid obligations
Wills - Can I make a will myself?

In Touch with the Law - No 5, 2003

Employees as Carers: - Employers must consider reasonable work options
Disposal of Assets: - When do you have to pay CGT?
Neighbours: - What can I do about overhanging branches?
Internet Content: - Australian court upholds rejection of racial hatred
Auctions: - Residential and rural property auctions
Stolen Goods: - The impact of the Trade Practices Act
Avoiding Negligence: - Balancing confidentiality and duty of care
Businesses: - What's in a name?
Tax Audits: - What can you do to prepare?
Contracts: - Are you bound by a clause you did not read?
Trusts: - How to minimise unnecessary stamp duty

In Touch with the Law - No 4, 2003

Sub-divisions: When what you see is not what you get
Company Structures: Consider the tax implications
Debt: What should I do with a legal letter of demand?
Debt: What if legal proceedings are begun against me?
Negligence: New standards of professional responsibility
Psychiatric Injury: Employers held liable for employees' mental wellbeing
Workplace Relations: When are drink and drug tests legal?
Bankruptcy: Tightening up the law
Insurance: What do you need to disclose to your insurer?
Shareholder Rights: Calling directors to account

In Touch with the Law - No 3, 2003

Building Reforms: A flurry of construction regulation continues
Anti-Competitive Action: Professionals' conduct is not immune from scrutiny
Victim Compensation: What are your rights?
Dress Sense: Constraining male employees' attire can be discriminatory
On the Road: Driver's right to drive 'normally'
Stolen Goods: Who owns or gets compensation for improvements?
Motor Accidents: Delays in making claims
Dummy Bidding: New Act to control rural land and property auctions
Giving Notice: Is it still necessary when repudiating a tenant's lease?

In Touch with the Law - No 2, 2003

Management Rights: Keeping tabs on changing rules in strata schemes
Reference Risk: Privacy breach leads to compensation
Company Officers: Tax obligations
Stamp Duty: How does GST fit in?
Criminal Behaviour: Can employers be held responsible for employee's actions?
Contractors Rights: Payments in the construction industry made more secure
Drivers Licence: Right of appeal against suspension
Finance Broker Fees: Court backs consumers

In Touch with the Law - No 1, 2003

At Your Own Risk: New personal responsibility laws
Division of Super: Splitting the interests
Without Prejudice: Protects negotiations for settlements
Payroll Tax: Principal contractors to foot the bill
Trade Practices: Private litigation can be instigated internationally
Tax Audits: One in ten businesses will be audited
Water Rights: No longer an unqualified right
Deceased Estates: What are an executor's responsibilities?
Debt: A solicitor has sent me a letter of demand. What should I do?

In Touch with the Law - No 5, 2002

Privacy Issues: When selling - or buying - a business
Who's the Boss? Consent needed to transfer employees
Tax Structures: What's best for business?
When Parents Split: Can one move away with the child?
Giving a Reference: Employers have a duty of care
Psychiatric Injury: Liability has been extended

In Touch with the Law - No 4, 2002

Building Contracts: Subcontractor's multiple payment claim confirmed
Superannuation: Pitfalls of an independent fund
Safety at Work: When is it OK to discriminate?
Recruitment: Employer found liable for agency's actions
Company Structures: A shareholder's agreement may be useful
Landowners' Rights: Non-access to public road merits compensation
Pastoral Leases: Lease extinguished native title
Franchises: Risks in breaching Trade Practices Act

In Touch with the Law - No 3, 2002

Home Warranty: New building insurance reforms
Stamp Duty: Refunds on irrigation properties
Workers Compensation: Injured at Work? A new regime for workers, employers and insurers
Public Liability: Balancing risks and discrimination
Strata Units: The problem of occupation certificates
Employment: When can you outsource?

In Touch with the Law - No 2, 2002

Franchises: Franchisors must give franchisees a fair go
Pregnancy: Avoid discrimination at work
Taxation: Relief for small businesses from capital gains tax
Patent Protection: When confidentiality agreements lose their bite
Contracts: What happens when the terms are broken?
Unfair Dismissal: Recording your rights
Family Trusts: Changes of trustees must be registered
Water Rights: How will the new Act affect you?
Building Certificates: Beating the demolition order
Property Transfers: Parity in exemptions in marriage and de facto break ups
Investment: Pitfalls in self-managed super funds

In Touch with the Law - No 1, 2002

Small Business: Big landlords lose lease disputes
Equal Opportunity: How flexible must employers be?
Sniffer Dogs: New law to cover searches by police drug sniffer dogs
Taxation: Getting the paperwork right
Imposter Vendors: Hold onto your deposits
Workplace Safety: New laws with large penalties
The GST Tax Sting: Covering your GST back when selling property
Retail Leases: Shop tenancies protected
Personal Injury: Road accident witness compensated
Land Tax: New procedures to identify new land tax payers

In Touch with the Law - No 5, 2001

Divorce: Superannuation to be shared
Family Companies: Protecting farm properties for the children
Personal Injury: Employers' liability for contractors
Property Contracts: Licensed conveyancer in court
Taxation: Pre-nuptial agreements penalised
Small Business: Franchising Code changes
Employment: Protecting companies from litigation
Building: Penalising tardy tradespeople
Rural: Checking out land sales
Development: Having a say in planning approvals
Family Law: Child support changes

In Touch with the Law - No 4, 2001

Leasing: Protections for poor-paying tenants
Taxation: Find out what your ATO files say
Personal Injury: Road authorities have duty of care
Loss of enjoyment counts in damages
Property: Do you owe tax when you sell your house?
Employment: Dress codes may be unfair
Court Costs: Incentive to settle out of court
Shareholders Rights: Mums and dads take on corporations
Rural Employment: Growers face tax for seasonal workers
Business Grants: Export promotion scheme boosted
Small Business: Beware of GST when buying a going concern

In Touch with the Law - No 3, 2001

Competition: Price-fixing is a costly business
Personal Injury: Workers' right to sue overruled
Property Rights: Neighbours must support each other
Contracts: Courts can change unfair deals
Building Law: Architects have ongoing rights over designs
Anti-discrimination: Workers have the right to flexibility
Property: GST exemption for going concerns
Licenced Premises: Gambler sues for credit card bill
Farm Help Scheme: Support for tough times
Privacy Regulation: Personal information must be protected

In Touch with the Law - No 2, 2001

Personal Injury: Landlords' duty of care to tenants
Taxation: Landlords could be hit by GST
Property: A smooth path to the grant of a right-of-way
Trade Practices: Car dealers warned not to mislead
Workplace Safety: Repeat OHS offenders vulnerable
Employment Law: Oral employment contracts can operate alongside written contracts
Family Law: Abducted child to remain in Australia
Rural Property: Industry charges on banana growers
Family Law: Wife ordered to undergo medical
Trade Marks: Rival manufacturers need to differentiate their products

In Touch with the Law - No 1, 2001

Trade Practices: Small businesses develop firepower
Industrial Law: More flexible leave entitlements
Family Law: Domestic compliances
Personal Injury: Class actions: strength in numbers
Property: Compensation for loss or damage to land
Taxation: Super fund rorts are disappearing
Wills: Online wills can go off the rails
Rural Issues: Retirement assistance for farmers scheme
Employment: Workplaces need to be family friendly - Payout for mental distress

Schweizer Kobras • Copyright 2005 • Last Updated: 2008
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