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Assets you keep when bankrupt and your home
If you are declared bankrupt, most of your assets vest in the trustee in bankruptcy. That means you cease to own these assets. The trustee will sell assets to repay…
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Co-owners and occupation fees
When there are 2 owners of a property and only one occupies the property it often seems unfair that the non-occupying owner cannot charge an occupation fee. However, generally speaking…
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Your Divorce - 5 Steps
Obtaining a Divorce may feel like an impossible task when you and your former spouse have not had an amicable break up. In most cases however, we can assist you…
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In Business with a Friend - have an argument?
Many people say “don’t go into business with your friends”. For some it works out, and a successful business is established but for many others, it ends the friendship. A…
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And the doors re-open…
A few months ago, I wrote about the steps the Family Court and Federal Circuit Court were taking to address the restrictions and physical distancing requirements imposed by State and…
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Mutual Wills
It often happens that when a couple decide to make Wills they agree on the terms of each Will before giving instructions to the solicitor. If the couple agree that…
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Business Succession: Has COVID-19 reduced your turnover to less than $10 million?
If you own or operate a small business, and COVID-19 has impacted your annual turnover to be less than $10 million per year, then you may be able to restructure…
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The Court of Appeal Decision about the #Black Lives Matter Protest March
Virtually everybody in NSW will be aware that on the afternoon of Saturday 6 June 2020 a large protest march occurred in Sydney in support of #BlackLivesMatter movement - precipitated…
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Can You Charge Lease Preparation Costs on a Retail Lease?
You are generally prohibited from charging lease preparation costs in relation to a lease that falls within the scope of the Retail Leases Act 1994 (NSW). However, the general prohibition does not…
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Decision of Darke J in relation to a Notice of Motion for Summary Judgement
Supreme Court of NSW EFM Property Pty Ltd v Triangle Lighting Pty Ltd [2020] NSWSC 610 The plaintiff brought a Notice of Motion for summary judgement pursuant to UCPR rule 13.1.…
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Personal Responsibility of Corporate ‘Officers’
On 11 March 2020 the High Court delivered a decision in Australian Securities and Investments Commission v King [2020] HCA 4. It related to whether an individual who was not a director,…
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“Is it too late now to say sorry…”
The Fair Work Commission has recently highlighted the importance of employers providing employees with both a valid reason for dismissal; and procedural fairness throughout the dismissal process. In Stephen Quigley v…
