News and resources

Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]