Local, personable and assured legal services
Albany and the Great Southern
Local, personable and assured legal services - Albany and the Great Southern

Standard of building required in a lease….

When thinking about terminating a lease, it is important for parties to both exercise caution and obtain relevant legal advice. A recent case involved a lease where the landlord was obligated in the lease to provide aircon, and the tenant was responsible for maintaining it. It broke soon after it was provided. The Court held that the [...]

By | 2019-03-13T04:56:32+00:00 March 13th, 2019|Other Commercial|0 Comments

The Personal Property Security Register – important to secure legal right to property

The Personal Property Security Register is the single Australian register where details of security interests in personal property can be registered and searched, for example you can register a notice to show that you have rights over personal property which secure a debt or obligation that someone owes you. A common case is a loan secured [...]

By | 2019-02-11T08:34:19+00:00 February 8th, 2019|Other Commercial, Springdale News|Comments Off on The Personal Property Security Register – important to secure legal right to property

When is transfer of farming property exempt from transfer duty?

Under sections 99 – 106 of the Duties Act 2008 (‘Duties Act’), the transfer of farming property is exempt from transfer duty if the property is transferred between family members and the land is used solely or dominantly in primary production (and will continue to be). Significant complications can arise where transfers involve trusts, partnership [...]

By | 2019-02-05T06:08:32+00:00 December 4th, 2018|Other Commercial, Springdale News|Comments Off on When is transfer of farming property exempt from transfer duty?

The role of statutory demands in securing payment of debts…

Often creditors and cannot secure payment of a debt against a company. Many cred­i­tors will con­sid­er issu­ing a com­pa­ny with a statu­to­ry demand under sec­tion 459E of the Cor­po­ra­tions Act 2001 (Cth), which requires a debtor com­pa­ny to pay a debt it owes with­in 21 days. If the debtor com­pa­ny fails to pay the debt, come to [...]

By | 2019-02-05T06:09:39+00:00 November 20th, 2018|Other Commercial, Springdale News|Comments Off on The role of statutory demands in securing payment of debts…

The importance of ensuring workers are properly classified as independent contractors or employees…

A fascinating article in The Guardian newspaper this week regarding the status of food delivery people, specifically whether they are properly classified as independent contractors or employees. In a decision which could have impacts throughout the 'Gig Economy', Foodora Australia has admitted riders owed $5m were 'more likely than not' employees. Under current Australian labour [...]

By | 2019-02-05T06:10:33+00:00 November 13th, 2018|Other Commercial, Springdale News|Comments Off on The importance of ensuring workers are properly classified as independent contractors or employees…

The requirements of financial services providers with the new Australian Financial Complaints Authority…

Australian financial services licensees who provide financial services to retail clients, Australian credit licensees, authorised credit representatives and superannuation trustees are required to be members of AFCA. Firms were required to register with AFCA on or before 21 September 2018. Those who have not yet done so must take steps to register as soon as [...]

By | 2019-02-05T06:12:07+00:00 October 12th, 2018|Other Commercial, Springdale News|Comments Off on The requirements of financial services providers with the new Australian Financial Complaints Authority…

Dangers when buying a property – structural defects…

A cautionary tale in the news today: http://www.abc.net.au/news/2018-10-07/push-for-changes-to-building-inspections/10344374 In summary, in most transactions (using the REIWA annexure), if a structural defect is detected, the seller of the property is obligated to either compensate the buyer or remedy the defects using a registered builder. However, the definition of structural defect is narrow in scope - defects that are [...]

By | 2019-02-05T06:12:18+00:00 October 8th, 2018|Other Commercial, Springdale News|Comments Off on Dangers when buying a property – structural defects…

Standards required of cleaners (and other service providers) under contract…

A decision handed down by the NSW Court of Appeal in late August provides significant guidance to the standard expected of cleaners (of all types), in order to avoid liability and satisfy their obligation under a contract of cleaning. The case is Argo Managing Agency Pty Ltd v Al Kammessy, which decided the principle that [...]

By | 2019-02-05T06:12:28+00:00 September 25th, 2018|Other Commercial, Springdale News|Comments Off on Standards required of cleaners (and other service providers) under contract…

A new agency to deal with complaints about financial products…

In February 2018, the Australian Government established the Australian Financial Complaints Authority (AFCA) -  an external dispute resolution (EDR) scheme, which will provide a single system to deal with complaints from individuals and small businesses in relation to financial services and products. It replaces the Financial Ombudsman Service, the Credit and Investments Ombudsmen and the Superannuation [...]

By | 2019-02-05T06:25:43+00:00 September 13th, 2018|Other Commercial, Springdale News|Comments Off on A new agency to deal with complaints about financial products…