Forum Law News - Issue #11 May-June 2012
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At Forum Law we know that it's vital to stay up to date with the latest legal developments that are relevant to your industry, workplace or personal circumstances. In our Forum Law News we describe some of the recent cases that may be of interest, and link to the full outlines of the cases and how their decisions affect the relevant laws, on our website.


Dates to remember

1 June 2012 The ASIC company name register and the Department of Fair Trading Business Name Register merged into one comprehensive listing.
30 June 2012 Stamp duty concessions on new residential purchases expire – prospective investors in property please note!
1 July 2012 The carbon tax starts operating; you may wish to update clauses in supply contracts to factor in price rises to goods and services.
  PPSA and Pizza  

The team at Forum Law hosted a great evening of Pizza and the PPSA for clients and colleagues on 16 May 2012. About 40 guests were entertained and informed by the Forum Law team on the vagaries of the new Personal Properties Securities Act (PPSA), Elizabeth Devine’s instructive talk on Adverse Action in Employment Law and other developments in this ever-changing field, and an overview of the perils and traps of commercial litigation by esteemed barrister Miles Condon.

We welcome your enquiries about the PPSA and other aspects of business, commercial and property law.

  Construction Law News  

Wet weather, rainy days and your contract

Avoiding breaches of contract for delay and claiming for extensions of time

It goes without saying that weather conditions preventing building work onsite can have an adverse effect on the completion of projects. However, it is not automatic that an extension of time under the Contract will be granted in these circumstances. It is important that builders follow the required procedures to ensure they do not fall short of meeting the requirements necessary for them to be granted an extension of time.

Read complete article >


What the Clean Energy Act 2011 means for builders

The carbon tax and the Clean Energy Act start operation on 1 July 2012

The carbon tax is set to be introduced on 1 July 2012, and is likely to increase the cost of building materials used in housing constructions by up to an estimated 1.7%, depending upon the style, size and design of a home.

Read complete article >

  Trust Law News  

Taxation liability for trust deeds and trust resolutions

Commissioner of Taxation v Bamford; Bamford v Commissioner of Taxation [2010] HCA 10

The recent changes to tax law as a consequence of the High Court decision in this case has shed some light on the ways in which trust deeds may be drafted to define and modify what will be considered ‘trust income’ for tax purposes.

Read complete article >

  Company Law News  

Conflicts of duty by directors re-examined

Company directors may be allowed to sidestep their duty to the company by pursuing a benefit for another company

A recent case has shed some further light on the limits of the duty of directors not to take up opportunities that have been rejected by their company, whether in their own capacity or in their capacity as a director of another entity. This situation emphasises the position of power held by directors in which they may learn confidential information and the need to prevent directors from misusing this power.

Read complete article >


Ensure your public information is accurate

James Hardie decision reminds directors of their duty not to mislead potential investors

On 3 May 2012 the full bench of the High Court handed down two unanimous rulings to find that 7 non-executive directors and the secretary of James Hardie Industries Ltd were in breach of their duties when they approved the release of an announcement to the Australian Stock Exchange that was misleading.

Read complete article >

  Consumer Law News  

Get the labelling right on your products

Product labels are your means of communicating with the customer

Recent Federal Court judgments remind suppliers of the necessity to include clear, visible and correct warning labels on their products. In ACCC v Trade Quip Pty Ltd it was found that some font used for warning labels was too small and left Trade Quip Pty Ltd in contravention of the now replaced Trade Practices Act 1974 while other warning labels used by the company were incorrect.

Read complete article >

  Succession Law News  

When can your will be defeated or disregarded?

Proprietary Estoppel and Family Provision Claims

There are certain circumstances where the promise of a deceased testator to leave property to a beneficiary may be upheld by a court, notwithstanding the testator does not in fact leave the relevant gift to the beneficiary in their will.

Read complete article >

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This issue’s featured client:

Who do you call when you need a tradie you can trust?

# Featured Client - Tradebusters  

Looking for a reputable tradesman to take care of something in your home? Don’t spend endless hours searching impersonal online directories. We’ve done all that research for you!

At Tradebusters, we’ll match you to pre-screened, reliable tradesmen within our tried and tested network of more than 60 different types of trades.

Save time with our personalised service. We‘ll co-ordinate all your trade needs, whether it’s painting the house, fixing the deck, or even a major renovation. And best of all, our service is completely free!

So with just one call, you can do it all.
Call 1300 TBUSTERS, or visit us at

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If you would like to discuss any of these issues or if you require any legal advice or assistance please contact us at Forum Law on +61 2 9560 3388 or email us.


Sent by Forum Law (Aust) Pty Ltd | Suite 44, 23 Norton Street (The Forum), Leichhardt NSW 2040
phone 02 9560 3388 | fax 02 9569 5423 | Forum Law website