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water use, water access, water management, water law, Water Act, Water Management Act, Dam Safety Act, Water NSW Regulation, groundwater, pump, bore, dam, weir, irrigation channel, levee, dewatering, Water Access Licence, domestic use, stock watering, river, lake, estuary
24 Jan 2024

“Is it legal for me to pump water from the river?” – laws governing water use in NSW

Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]
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directors duties, director, company, business, listed, ASX-listed, stock exchange, ASX, continuous disclosure, ASIC, penalty, Australian Securities & Investments Commission, overseas, abroad, care, diligence
09 Aug 2023

Warning – directors duties still apply when touting for business overseas

While it may be tempting for company directors to somewhat exaggerate their company’s assets and abilities when promoting their firm overseas to garner fresh business investment, it is important to note that directors duties still apply. Dangers of breaching directors duties while abroad A company director might, for instance, tell prospective foreign investors that their […]
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exit strategy, business, exit planning, business succession, farm succession, succession planning, business partner, employee, family member, outside buyer, director, documentation
20 Jul 2021

The vital importance of a business exit strategy

We are often asked by clients when is the right time to start planning their exit from their small business. Our answer is – the day you open. Starting, leaving and transferring a business is complex and there are many things to consider in formulating an exit strategy. In this article, we focus on something […]
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DIY will, law, legal, lawyer, document, advice, tax, superannuation, investments, executor, beneficiary, deceased
09 Mar 2021

Perils of a DIY will include increased risk of subsequent legal challenge

Now more than ever, it’s important to have a written will so you can make sure your estate is passed on according to your wishes. So, should you get a lawyer to draw it up? Or is a DIY will just as effective? Making a DIY will is cheap and they are usually accepted as […]
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executor, appoint, appointment, one or two, multiple, estate, planning, funeral, cremation, dispute, Enduring Guardian, Power of Attorney, Grant of Probate, die, death, beneficiary
25 Feb 2021

How do you choose an executor for your will? – the horror story edition

Part of a writing a will involves considering who you will appoint as executor to administer your estate after your death and to arrange your funeral and cremation or burial. (Please see What exactly do executors of wills do?) One of the questions we are often asked is whether it is beneficial or a hinderance […]
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Power of Attorney, Enduring Guardian, Enduring Guardianship, estate planning, will, testamentary, capacity, NCAT, NSW Trustee and Guardian, Public Guardian, QCAT, incapacitated
23 Dec 2020

Power of Attorney and Enduring Guardianship – the horror story edition

Having a power of attorney and an enduring guardianship is the basis of a solid estate plan. However, you hear so many horror stories about people abusing their position as attorney. Is it still a wise idea? In this article, experienced estate planning lawyers from Taree, Tweed Heads and Tamworth present a series of case […]
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terminate a contract, termination of contract, back out of a contract, frustration of contract, force majeure
15 Jul 2020

Can you legally terminate a contract due to Covid-19?

Can you renegotiate a contract because of the impact of coronavirus? The Covid-19 crisis has adversely impacted many common transactions. Federal and state governments have enacted laws which enable the parties to some transactions to renegotiate the terms of their contracts if they have been disadvantaged due to the Covid-19 pandemic. Examples include commercial leases […]
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business loans, business debt, divorce, separation, asset, liability, value, valuation, overdraft, overdraw, working capital, loan, finance, contribution, property settlement
10 Jul 2020

Untying the knot: how are business loans and debts treated in separation or divorce?

There is an obligation on a couple that is separating to disclose all of their assets and liabilities – including business loans and debts. This ensures that both parties are fully aware of the financial position they are in before dividing up the assets and liabilities of the relationship. Working out the value of the […]
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underpayment, wages, wage theft, worker, employer, employee, franchise, franchisee, migrant, workforce, backpacker, unskilled, casual, seasonal, labour
09 Jul 2020

Should employers go to jail for underpayment of wages?

Underpayment of wages is an increasingly frequent topic in both media reports and public discussion. Quite recently, underpayment scandals have struck major employers such as Woolworths, franchises such as 7-Eleven and high-profile businesses, such as the restaurants run by celebrity chef George Colombaris. The steady flow of non-trivial instances has led to calls for stiffer […]
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organisational change, organizational change, restructuring, company, business, workforce, workplace, worker, employer, employee, pandemic, coronavirus, covid-19
25 Jun 2020

Implementing organisational change in a pandemic – how does your business find the new normal?

Changes made of necessity may be retained for the longer term As the wave of Covid-19 infections subsides (at least in Australia), and life starts to return to normal, one big question is what will be meant by “normal” in a post-virus world. For businesses dealing with organisational change, seemingly the only clear answer at […]
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written contract, contract in writing, verbal contract, enforceable, contract law, agreement, consideration, certainty
18 Jun 2020

Is a written contract necessary for a deal to be enforceable?

Handshake agreement versus written contract – are they both legally binding? While handshake deals are enforceable in many day-to-day transactions, some contracts must be made in writing to be legally recognised. So, what is a contract? When do you need it in writing and what constitutes a legally binding handshake agreement? Evolution of Australian contract […]
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handshake agreement, agreement, contract, verbal contract, oral contract, handshake deal, legally binding
17 Jun 2020

Is a handshake agreement legally binding?

Suppose you were to come to a verbal agreement on a deal with another person and shake hands on it. Sometime later, the other person fails to complete their side of the deal. Where does the law stand? Are handshake agreements enforceable? Or are they worth zilch? You may be surprised to learn that verbal […]
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witnessing documents, video link, audio visual link, critical documents, Electronic Transactions Act, legal will, power of attorney, deed, guardianship, affidavit, statutory declaration
21 May 2020

Witnessing documents by video link in NSW: special measures introduced due to Covid-19

Witnessing documents previously done in person With much of the world working from home at the moment, and social distancing rules, there are a number of obstacles to witnessing documents in the usual way. Since the government imposed the lockdown as a response to the coronavirus pandemic, we have noticed an influx of people from […]
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negotiated agreement, dispute resolution, conflict resolution, legal dispute, alternative dispute resolution, negotiation, compromise, settlement
30 Apr 2020

A negotiated agreement might be more attainable during a pandemic

Multiple factors can influence a person to resolve a dispute Do you have an ongoing legal dispute that you just can’t settle? Now might the time to make another attempt to reach a negotiated agreement. In the face of COVID-19, everyone is suffering in one way or another. It might be financial, it might be […]
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work from home, WFH, WHS, OHS, work health and safety, safe work, workers comp, workers compensation
23 Apr 2020

Asking my employees to work from home – what’s the risk?

For large numbers of businesses, closure and lockdown measures have meant that the only way of keeping trading and staying afloat has been to ask staff to work from home. But are there risks? And, if so, what precautions should be taken? Disappearance of obstacles to working from home In these days of effortless remote […]
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commercial lease, retail lease, residential lease, leasing, leasing law, coronavirus, COVID-19, landlord, tenant, lessee, lessor, Australian law
18 Apr 2020

How does coronavirus affect your retail, residential or commercial lease?

One notable aspect of the effects of the coronavirus is that, because of the inevitable interconnectedness of our society, many response measures aimed at helping some particular group have a negative effect on another. The impact on residential and commercial lease agreements is a case in point. Impact on landlords of laws preventing evictions An […]
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Australian government coronavirus, response package, stimulus package, COVID-19, emergency measures, payment moratorium, Omnibus Act
17 Apr 2020

Australian government coronavirus response package infiltrates many corners of Australian law

Exactly where the saying “desperate times call for desperate measures” comes from no-one is entirely sure, although a possible source is the Greek father of medicine, Hippocrates, who evidently said that extreme diseases require extreme methods of cure. The Australian government coronavirus response package may be one such extreme cure. Coronavirus response package affects many […]
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legal will, valid will, testamentary trust, beneficiary, executor, bankrupt, tax, ATO, blended family, superannuation, Binding Death Benefit
07 Apr 2020

Australians rushing to update their legal will amidst coronavirus pandemic

The recent coronavirus outbreak has led to economic and health tidal waves throughout Australia and the world. It has affected every Australian and has created a huge demand for people to make or update their legal will. With the heightened health risks presented by coronavirus, now is a good time to review your legal will. […]
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