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News and Articles by category

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Forum Law News is a free e-news service that keeps you updated with developments in Australian law that may be of interest to you. Below are all our articles since 2010, organised by the area of law.

Or see Articles listed by issue

Administrative Law News

Business Law News

Company Law News

  • June 2016 Dealing with illegal phoenix activity
  • April 2016 The Federal Court provides some hope for the little guys vs the big boys
  • June 2015 Don't underestimate the obligations of a company director
  • April 2015 A case of shareholder activism highlights corporate opacity
  • April 2014 Director’s duties: lessons from the James Hardie case
  • August 2013 Shifting shareholder preferences in smaller family-based companies received High Court attention
  • August 2013 Silent directors must be both seen and heard
  • December 2012 Avoiding personal liability as a company director
  • October 2012 A long and hard won battle
  • October 2012 Small and medium corporations dominating insolvency reports
  • October 2012 The Court ruling terms of settlement to be too harsh
  • March 2012 Look before you leap into helping out and advising a company
  • August 2012 A change of direction regarding the rights of creditors
  • August 2012 Responsibilities of de facto company directors
  • June 2012 James Hardie decision reminds directors of their duty not to mislead potential investors
  • June 2012 Company directors may be allowed to sidestep their duty to the company by pursuing a benefit for another company
  • October 2011 The fall-out from the Centro case: implications for directors unfold
  • October 2011 More alarm bells for directors: the court orders a director to pay damages to a creditor?
  • October 2011 Timbercorp and directors’ duties of disclosure
  • August 2011 (Another) wake up call for Directors from the Centro case
  • December 2010 Director Penalty Notices [DPNs]

Consumer Law News

  • March 2017 Drip pricing targeted by the ACCC
  • May 2016 Consumers are also protected by unfair contract provisions legislation
  • October 2014 If your customers are in a vulnerable position, ensure your sales promises are bulletproof or risk paying a hefty price
  • August 2014 Do your homework before you adopt a new name or brand
  • May 2014 Be vigilant about the wording of your advertising!
  • October 2013 A test for the Australian Consumer Law
  • October 2013 When is a contract "unfair"?
  • April 2013 "Gilding the lily" treads a legal minefield
  • April 2013 Google triumphs overs the ACCC
  • June 2012 Get the labelling right on your products
  • March 2012 Do you supply to consumers? Make sure you are complying with the new rules…
  • March 2012 Don't be too smart in overstating or understating facts in your advertising
  • December 2011 Consumer guarantees: warranty against defects prescribed from 1 January 2012
  • October 2011 Repairers of consumer goods note: new laws regarding the repair of goods under the Australian Consumer Law

Construction Law News

  • March 2017 Service of notices and claims: more than just "sticking it to them"
  • March 2017 Reference dates required for valid payment claims
  • February 2017 Can a party in breach of a contract terminate?
  • October 2016 Are you being served?
  • June 2016 Home Building Act – a summary
  • December 2015 Draft your contracts so you're not paying someone else's bills
  • December 2015 Ensure you're not served a payment claim while closed for the holidays
  • September 2015 Are your payment claims really valid?
  • June 2015 Retention monies must now be quarantined in certified trust accounts
  • June 2015 How to avoid or minimise the big "sting" after a head contractor is wound up
  • February 2015 Home Building Act (NSW) amendments explained
  • August 2014 Payment claims on a building job require careful attention to detail
  • May 2014 A broom through the laws relating to home builders and owners
  • May 2014 Builders and related parties in NSW should be aware of recent changes to the SOPA
  • May 2014 Construction contracts and a PPSA reminder
  • February 2014 Amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) to improve cash flow
  • August 2013 A wake up call for contractors who receive a payment claim under SOPA
  • December 2012 Shrinking protections for owners corporations
  • October 2012 Payment claim entitlements of Contractors
  • October 2012 Strata Owners claiming for defective works
  • June 2012 Wet weather, rainy days and your contract
  • June 2012 What the Clean Energy Act 2011 means for builders
  • March 2012 New provisions in the Home Building Act for home builders
  • December 2011 The Home Building Act: significant changes in the new year
  • October 2011 Establish effective procedures for payment claims and schedules
  • June 2011 Subcontractors rights have been expanded under the Building and Construction Industry Security of Payments Act
  • June 2011 The Disability (Access to Buildings – Premises) Standards 2011
  • June 2011 Planning power reverts to councils and other authorities
  • March 2011 The Building & Construction Industry Security for Payments Act
  • December 2010 Consequences of supplying non-compliant goods
  • December 2010 Impact of rising material costs on contracts

Contract Law News

  • September 2016 Debt collection tips
  • September 2016 The thing about personal guarantees
  • September 2016 Unfair contracts
  • March 2016 How to secure payment for goods and services
  • June 2015 Full Court backs ANZ appeal on "penalty" fees
  • June 2015 When is an electronic signature a valid signature for a binding contract?
  • February 2014 When is a fee a penalty?
  • February 2014 Amendments to the Privacy Act
  • February 2013 Taking banks to task on fees
  • October 2012 Registering your security interests
  • October 2012 The role of misleading conduct in corporate collapse
  • August 2012 The new Personal Property Securities Act and your obligations
  • August 2012 Intellectual property and the PPSA
  • December 2011 Personal Property Securities Act: changes to affect retention of title, off-site storage and security over assets
  • August 2011 Are you ready for the new PPSA regime? Be aware of the “transition” provisions
  • August 2011 Can you use email to serve notices under a contract?
  • August 2011 Courts review why it is critical to include all the agreed terms in a contract
  • June 2011 The new Australian Consumer Law
  • March 2011 The recent case of Saleh v. Rannous emphasises that it is critical to confirm with whom you are dealing in a contract and what they are promising & The new Personal Property Securities Act
  • December 2010 The new Personal Property Securities Act 2009 [“PPSA”]
  • December 2010 Recent legislative developments in consumer contracts and consumer credit law

Employment Law News

  • April 2016 Post-employment restraints: how effective are they when breached?
  • December 2015 What is the difference between an employee and a contractor?
  • June 2015 Is your business protected against rogue employees or contractors?
  • October 2014 "Employee" or "contractor"? That is the question
  • April 2014 Employers have an implied term of mutual trust and confidence following redundancy
  • August 2013 Beware the bullies!
  • December 2011 National OHS harmonisation: are you ready for the new regime effective 1 January 2012?
  • October 2011 When is the dismissal of an employee for breach of OH&S standards or safety policies considered “harsh, unjust or unreasonable”?
  • March 2011 The definition of a “small business” for the purposes of Unfair Dismissal provision in The Fair Work Act has changed as from 1 January 2011

Insolvency Law News

  • November 2016 A strict timeframe applies to dealing with statutory demands
  • April 2015 Late shelf order applications will be refused
  • April 2015 Pre-pack or phoenix?
  • October 2013 Don't think you can get away with it!
  • April 2013 When chasing a debt from a company, be mindful of the pitfalls of statutory demands
  • February 2013 Liquidators' powers to "disclaim" leases
  • February 2013 Safeguarding employee entitlements
  • August 2011 When is a company deemed insolvent in a winding up application?
  • March 2011 Beware of trying to be too smart in trying to offload assets to defeat creditors where there is a risk of bankruptcy

Intellectual Property Law News

  • March 2017 Not a big (ceiling) fan of your work
  • November 2016 An apple a day ... gives the trade mark away
  • July 2016 Monitor the use of your trade marks or risk deregistration
  • July 2016 The importance of being specific about the use of a trade mark
  • July 2016 Not a 'fan' of minor differences
  • March 2016 Capitalise on your "brand"
  • August 2015 Pirates of the Old West-ern Australia
  • August 2015 I'll have what she's having
  • February 2015 Why you should keep a tight rein on your social media
  • October 2014 Identity theft and protecting your brand
  • August 2014 Use the PPSA to protect your IP, even if it's licensed to someone else
  • May 2014 Protect your intellectual property

Not-for-profits Law News

  • August 2014 Which entity is the best "fit" for your not-for-profit organisation?
  • June 2013 The new Australian Charities and Not-for-Profits Commission

Personal Property Securities Law News

  • November 2016 Timing is everything
  • February 2015 Don't let your leased property be "gazumped" by a liquidator or administrator
  • August 2014 The big test for the "new" Personal Property Security regime
  • April 2014 Protect your assets against a liquidator
  • August 2013 Make sure the PPSA works for you, not against you
  • February 2013 The brave new world of the Personal Property Securities Register

Property Law News

  • September 2016 Check your stone before throwing in a glass house
  • July 2016 The consequences of not understanding the terms of your lease
  • July 2016 Using the Conveyancing Act to get paid
  • July 2016 How to access a neighbour's property for your renovations
  • June 2016 Unscrupulous practices in off-the-plan property sales
  • June 2016 New tax certification requirements for land sales
  • June 2016 Key reforms to the laws governing strata schemes
  • April 2016 A "heated" property market is no excuse for rushing a purchase
  • April 2016 New laws for residential swimming pools
  • March 2016 When can a neighbour block your view with trees?
  • December 2015 Exercising your option to renew a retail lease
  • June 2015 When do fixtures form part of the leased premises?
  • Property and Conveyancing in the Inner West
  • October 2014 Exercising the option to renew a retail or commercial lease? Don't get caught out
  • October 2014 Strata property investors beware!!! The builder's duty of care has reduced in the wake of the recent Brookfield case
  • February 2014 New obligations under the Swimming Pools Act
  • October 2013 When can an individual lot owner make claims on the Owners Corporation for facilities in a commercial building?
  • August 2013 Sometimes it's difficult to "love thy neighbour"!
  • June 2013 Fitting out leased premises
  • June 2013 A raft of changes in legislation affects property lawyers, owners, developers and investors alike
  • August 2012 Grants and concessions for first home owners
  • August 2012 When an option to renew notice is not a notice
  • March 2012 Definition of a “retail lease” reviewed
  • March 2012 Stamp duty exemptions and concessions affect new home buyers and builders
  • March 2012 New land tax thresholds
  • February 2012 Personal Properties Securities: An Overview
  • October 2011 Clarifying the nature of excess payments on Home Owners Warranty insurance claims
  • August 2011 An owners corporation has broad powers to make by-laws
  • June 2011 Amendment to the exception on duties for senior citizens
  • June 2011 Removal of the Torrens Assurance Levy
  • June 2011 Correctly exercising options for renewal of leases
  • June 2011 Shedding obsolete easements with the Conveyancing Act
  • March 2011 Increase in enquiries from landlords and tenants seeking to enforce or review their obligations under a commercial or retail lease
  • December 2010 Strata schemes and the duties of managing agents
  • December 2010 Neighbourhood disputes: Access to Neighbouring Land Act 2000

Succession Law News

  • April 2016 Powers of Attorney: the finer points you may not know
  • September 2015 Promises, promises
  • August 2015 When is a gift not a gift?
  • August 2015 When is a will not a will?
  • August 2015 When is a couple in fact a couple?
  • April 2015 Plaintiffs must prove need if challenging estate provisions
  • February 2015 Be careful what you wish for … when a grandchild gets too greedy
  • April 2013 Important legislative changes to the Powers of Attorney laws will affect principals and their attorneys in New South Wales
  • December 2012 Have you been left out in the cold in your parents’ wills?
  • June 2012 When can your will be defeated or disregarded?
  • March 2011 Have you thought about updating your will as you and your proposed beneficiaries get older?

Taxation Law News

  • June 2013 Partners to limited liability partnerships face increased risk

Trade Practices Law News

  • March 2016 Help is on the way for small businesses in Australia where David vs Goliath
  • June 2013 Situations where courts may not find that one party took unconscionable advantage of the other in trade or commerce
  • June 2013 ACL compliance checklist

Trusts & Family Trust Law News

  • June 2012 Taxation liability for trust deeds and trust resolutions
  • October 2011 Duties owed by trustees to beneficiaries with respect to income-earning assets such as an investment property
  • August 2011 Review the tax implications for beneficiaries of your family trust

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