Forum Law News - Issue #14 November-December 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.


Wrapping up 2012

Lessons learnt from a challenging year

This year we have had some significant success for our clients in favourable decisions in the CTTT and in resolving disputes in our clients’ favour. We have been engaged in advising and assisting clients with property transactions, their commercial leases and licences and intellectual property licensing arrangements. We have advised on and prepared numerous commercial agreements between stakeholders and between clients and their suppliers and customers.

We hosted a successful client dinner on the new Personal Properties Securities Act and other topical issues and we hope to repeat this forum in 2013. We have also organised other information evenings for the profession and colleagues on the PPSA and other topics of interest.

We are sad to be losing Ella Dalrymple from our team. Ella has completed her university studies and has been offered a graduate position at a leading law firm. We thank Ella for her huge contribution to Forum Law over the past two-and-a-bit years.

Christmas office hours

Our office will be closed from 5pm on 21 December 2012 and will re-open at 9am on 14 January 2013. The next Forum Law News will be March-April 2013.

  Succession Law News  

Have you been left out in the cold in your parents’ wills?

Two recent cases from the Court of Appeal in New South Wales shed some light on how the Family Provision clauses in the Succession Act operate

Andrew v Andrew [2012] saw an increase in the bequest to an estranged daughter from her mother’s estate. The estate’s total value was approximately $800,000 with more than half of this sum left to the only son of the testator in recognition of works done on the principal asset, that being the family home. The daughter had been left a modest $10,000 from her mother’s will while her three sisters were each left about $120,000. The Court noted that while the daughter was estranged from her mother and chose not to contact her, which had caused the mother some distress, there were other factors to take into account that made the nominal bequest inappropriate in the circumstances.

Read complete article >

  Business Law News  

The power of your brand

Importing, selling and distributing goods involves the use of a trademark

A recent case, Paul’s Retail Pty ltd v Lonsdale Australia Pty Ltd [2012] considered the question of whether importing goods would amount to use of a trademark, and as a result, might amount to an infringement of a trademark. This case was brought by Lonsdale Australia against Paul’s Retail. Paul’s Retail had been purchasing and importing products that bore the Lonsdale trademark from a European company that was licensed to manufacture goods and affix the Lonsdale mark to them.

Read complete article >

  Construction Law News  

Shrinking protections for owners corporations

Duty of care of builders and developers reduced

The decision in case of Owners Corporation Strata Plan 72535 v. Brookfield [2012]NSWSC 712 has rejected the suggestion that a builder or developer owes a duty of care to subsequent owners of residential properties, including owners corporations. The decision, reached earlier this year, noted that the legislature had provided for statutory warranties to be owed by builders to subsequent owners and that it was not for the courts to quickly substitute their own judgement and extend the liability with additional “duties of care”.

Read complete article >

  Company Law News  

Avoiding personal liability as a company director

You must ensure compliance with tax obligations of the company … and to make it more serious, the liability can be retrospective

Recent amendments to the Taxation Administration Act mean company directors will be personally liable for unpaid Pay As You Go (PAYG) obligations and the Superannuation Guarantee Charge (SGC) payments. This amends previous provisions that allowed directors to avoid personal liability if they paid the outstanding sums in full, placed the company into voluntary administration or appointed a liquidator over the company within 21 days of being served with a Director Penalty Notice.

Read complete article >

  Wishing you a safe and happy Christmas and a prosperous New Year  

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