Articles
We aim to provide you with proactive and strategic legal and practical advice. Our articles provide a range of interesting and helpful insights on a vast array of topics.
Understanding Foreign Resident Capital Gains Withholding and the Recent Changes
Property Lawyer Michelle Oh looks at the recent changes to the Foreign Resident Capital Gains Withholding, and what this means for sellers and buyers in the Australian property market.
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Preventing Misrepresentation in Recruitment
Australian Consumer Law (ACL) contains protections for prospective employees against false or misleading representations made during the recruitment process. It is critical that employers are aware of this, and how to avoid falling foul of the law, as Anthony Sangster Robles explains.
Federal Court Overturns ATO Position on Trust Distributions: What It Means for Family Trusts
Mitchell Zadow, Managing Principal and Accredited Commercial Law Specialist, reviews a recent case where the Full Federal Court rejected the Australian Taxation Office's long-standing position on how unpaid trust distributions should be treated for tax purposes.
Wage Theft Laws: What Employers Need to Know
Administrative errors and dormant policies can no longer be blamed for the intentional underpayment of wages and other entitlements. Employment Lawyer Anthony Sangster Robles takes a look at Section 327A of the Fair Work Act which rings in serious legal consequences for directors, managers and shareholders found in breach.
Protecting Legal Professional Privilege - Tips and Tricks!
The final article in our three-part series on Legal Professional Privilege (“privilege”) provides some useful tips for ensuring that the privilege in your legal advice and in the material created for and by your lawyer for the purposes of providing legal advice, is protected from inadvertent or deliberate disclosure and thus waiver of the privilege.
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Recent articles
Hacked! Lessons from a Cyber Attack
In April 2023, a foreign cyber gang targeted the Australian office of international law firm HWLE and implemented a substantial data hack. The response, including through legal action in the Courts, has provided an interesting case study in how to respond to a cyber attack, as Managing Principal Mitchell Zadow explains.
Planning for incapacity
While it is not something that anyone wants to contemplate, at some point in the future you or someone in your family may require assistance with making or implementing decisions regarding financial, medical or personal matters.
Vacant Residential Land Tax - Is your property portfolio caught in the net?
Recent changes to Vacant Residential Land Tax capture all residential land in Victoria. Is your property portfolio caught in the net? Property Lawyer Jing Yuan Tay explains.
Donation-based crowdfunding to fund litigation – what are the risks?
Crowdfunding is a complex and developing area of litigation funding and not without risk. Ensure that you are aware of all the potential problems that may arise in the course of sourcing funds.
Can a Facebook post cost you?
Associate Principal Caroline Callegari summarises the consequences of a defamatory Facebook post for both author and victim, in Rodgers & Anor v Gooding [2023] QDC 115.
Losing Trust in your Trustee?
Navigating concerns regarding the management of your interests by a trustee or executor can be a delicate matter. Our Litigation team summarises the issues that may arise and how they might be managed.
Unfair Contract Terms and International Contracts
Does your business trade internationally? If so, be aware that a recent High Court case has confirmed that Australian laws regarding unfair contract terms may apply to your contracts. Mitchell Zadow, Managing Principal and Accredited Specialist (Commercial Law) explains.
Can Qualified Privilege be a Defence to an otherwise defamatory Google Review?
Your new purchase turns out to be a lemon. Before voicing your anger on social media, seek legal advice as to your rights as a customer and, further, the risks that can flow from venting your anger in the public domain. Associate Principal and Litigation Lawyer Caroline Callegari reviews a recent case.
Is your swimming pool or spa registered?
Swimming pools and spas have become increasingly popular additions to residential properties in Victoria. Property owners are responsible for ensuring that the pool or spa is registered and complies with safety standards, as Property Law Accredited Specialist Andre Ong explains.
As a Director, can I be personally liable for financial risks?
As a director, there are various situations where you are protected from being sued in your personal capacity. However, these protections should not be relied upon as there are some circumstances where you can be personally pursued for liability, Caroline Callegari explains.
'Tis the Season for Festive Celebrations: Navigating Legal Pitfalls at the Office Christmas Party
Celebrations such as the office Christmas party can sometimes test the boundaries of acceptable workplace behaviour. Mehraaz Sidhu provides some tips for employers to avoid tinsel turmoil.
Navigating solar panel installations in rented properties
Roof top solar panels are growing in popularity, including for commercial and retail properties. Property Lawyer Ignatius Suwanto highlights important points for tenants to consider.
