Can a strata by-law limit Airbnb style holiday lettings?
Can a strata by-law limit Airbnb style holiday lettings?Alexandra Haverkamp explores a recent decision that could potentially change the Airbnb landscape in Australia:read more
Introduction to the Biodiversity Offset Scheme for Developers
If you are engaging in development and your proposed development is going to impact the environment, offsetting that impact can play a decisive role in the success (or not) of the project.read more
Family Court consent no longer required for treatment of Gender Dysphoria
The Full Court of the Family Court of Australia has ruled that persons under the age of 18 who are diagnosed with gender dysphoria and wish to undergo treatment can now do so without the need of seeking approval from the Family Court.read more
Commencement of NSW Strata Building Defects Regime
On 1 January 2018 a new Part 11 was inserted into the Strata Schemes Management Act 2015 to implement a new Strata Defects Regime affecting requires developers of residential or partially-residential strata buildings comprising four or more storeysread more
Who are the legal parents of an artificially conceived child?
There are different ways to start families now-a-days and it is possible that conflicts can arise around who and who isn’t a legal parent to a child. Other than natural conception, artificial alternatives with donor sperm and the act of surrogacy are methods utilized quite frequently.read more
Is it a gift or a loan?
There is some confusion around money given to people by family members as gifts or loans...
Some people believe that these funds cannot be touched in the family law property settlement context. However, depending on how the money is classified, it can form part of the parties' combined asset pool or as a liability of the relationship.
Author: Franca Parolin with Kellie Markovskiread more
Can a fly-in-fly out worker be deemed to be in a defacto relationship?
"Fly-in-fly-out" work schedules are now common placements in a number of industries such as mining and construction.
Are defacto relationships and couples involved in these work arrangements effected and can a property settlement claim be made when people are not living together all of the time?
Author: Franca Parolin, Senior Associateread more
Disqualification of weekly payments for compensation claims and how it will affect workers.
Section 39 of the Workers Compensation Act 1987 (NSW) is the cessation of weekly payments for workers compensation claims after 5 years. If a workers injury is not great than 20% whole person impairment ("WPI") they will not qualify for continuing payments under the Act.
Author: Karena Nicholls, Senior Associateread more
Parenting orders and family violence
The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) confirmed the paramountcy of the child's best interests as a consideration in the making of parenting orders. The amendment was made in the context of further amendments to the Family Law Act 1975 (Cth) ('FLA') which recognise the impact of domestic violence on children by extending the definition of child abuse and providing stricter regulations for the treatment of family violence by the courts.
Author Ashleigh Barryread more
First Home Buyers Assistance scheme
The First Home Buyers Assistance Scheme commenced from 1 July 2017 to provide exemptions and concessions on stamp duty for eligible first home buyers.
The scheme provides a total exemption from stamp duty for homes valued up to $650,000 and concessions on duty for homes valued between $650,000 and $800,000. This scheme provides substantial savings for first home buyers with a purchaser buying property with a value of $650,000 saving $24,740.
Author Alexandra Haverkampread more
Can parents store firearms in their home?
On 9 September 2016 the Federal Circuit Court heard the matter of Manson & Manson  FCCA 3485. In this case, the mother sought orders in relation to the father's storage of firearms. The father had held a firearms license that entitled him to possession of, and to shoot target pistols.
Author Franca Parolinread more
Common misconceptions regarding consumer rights
Consumers often find themselves frustrated after attempting to return a faulty product to a retailer, only to be refused on the basis of store policy, expired warranty or lack of responsibility.
Author Paul Magagninoread more
A recent criminal court case involving a driver acquitted of criminal charges, despite testing positive for the presence of cannabis in his system while driving a car, and despite admitting to smoking cannabis nine days prior to driving, has focused a spotlight on the current difficulties with criminal offences that relate to drug driving.
Author Adam Byeread more
Restraint of trade clauses in employment contracts
It is becoming increasingly more common for employment contracts to include post employment restraint of trade clauses. Such clauses operate to protect a business' interests and typically prevent former employees from competing against the business.
Author David Addinallread more
Gender dysphoria and the Family Court
In recent times, the number of children experiencing persistent discomfort with their natural gender has risen dramatically, leading to an increase in the diagnoses of gender dysphoria. The treatment for gender dysphoria is considered by Australian law as a "special medical procedure" which falls outside the scope of a parent or legal guardian's ability consent.
Author Franca Parolinread more
Why should we care about about iCare?
iCare have now announced their intention to transition to a single scheme agent for Workers Compensation Insurers. This is significant for employers and injured workers alike.read more
Recent developments in Industrial Relations
This has been a particularly busy six months or so for the Fair Work Commission. Most of the action and activity are focused on the review of modern awards. There are three particular aspects that are most important.
Author David Pottsread more
What happens if you die without a Will?
According to the NSW Trustee and Guardian, 45% of Australians die without a valid Will. If you die without a Will, you die intestate. This can cause unnecessary delay, costs and stress for your loved ones. It may also mean that those you did not intend to benefit may be entitled to your estate.
Author Valentina Zmijanjacread more
Last but not Lease – What you need to know about leases
For many businesses, a lease is one of the biggest financial and legal agreements it will undertake. Entering into a lease is a contractual arrangement and once signed, binds all the parties to its terms and conditions. As leases often run for many years, it is crucial that you get the right documents in place from the beginning.
So what should you look out for when negotiating a lease? Here are 5 key items to consider
Author Michael Mobberleyread more
What not to do when renewing your Vows
It is common for married couples to renew their vows in a second ceremony but what isn’t common is for the second ceremony to be considered and formally registered as a marriage.
Author Franca Parolinread more