2022-03-09 01:16
A defendant may plead a defence of statutory qualified privilege to defeat a claim for defamation, and avoid liability. Qualified privilege acts as a protection for certain communications th… Read More
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We are a market-leading full-service law firm with a wealth of experience in business and personal legal services.
We pride ourselves on delivering strategic solutions and providing peace of mind to our clients across Australia and South-East Asia.
2022-03-09 01:01
On 9 February 2022 the High Court delivered two judgements which change the way Courts determine whether a worker is an independent contractor or an employee (therefore entitled to the benef… Read More
2022-03-09 00:51
From 1 January 2022, smoke alarms in Queensland residential properties sold or leased must have photoelectric, interconnected smoke alarms installed to meet the new strict legislative requir… Read More
2022-03-04 04:01
Abandonment of Contract
Commercial agreements and dealings can frequently be delayed by other events.
By parties failing to act upon or attempt to perform their separate contractual obligat… Read More
2022-03-04 03:53
Overview
The High Court has recently provided clarification on the approach that lower courts and tribunals have frequently taken to distinguish employment relationships from independent con… Read More
2022-03-04 03:08
What are the proposed changes?
The Queensland government has announced in the 2021-2022 Budget Update proposed changes to its land tax regime, the changes will see property owner… Read More
2022-03-04 03:03
It is usual in a commercial lease to prescribe methods of rental review so that the rent reflects the current rates in the market. In relation to the market rent review method, in the absenc… Read More
2022-03-04 02:43
The current rising property market leads to some interesting legal scenarios with parties who cannot or will not perform their obligations under contracts for sale of property.
In a contract… Read More
2022-03-04 02:37
Where is a will held?
A will comes into effect after the death of the testator and so it must be kept in a secure location that is accessible after the testator’ death. The original w… Read More
2022-03-04 02:27
Entering into any kind of loan arrangement or agreement is a major responsibility and can cause a lot of financial stress and damage if it is not dealt with in the appropriate manner. To bet… Read More
2022-03-04 02:23
Background
The Federal Court of Australia has confirmed that creditors are no longer entitled to protection under section 553C of the Corporations Act 2001 (Cth) (“the Act”) aga… Read More
2022-03-04 02:13
Despite Covid-19 having first emerged in Australia in early 2020, it is now almost two years on and businesses and individuals across the country continue to suffer from its consequences. Wh… Read More
2022-03-04 02:03
Smoking can be a contentious activity in apartment buildings, sometimes leading to disputes between residents about unpleasant odours and health hazards. A recent ‘game-changing’… Read More
2022-03-03 07:09
In recent times, reliance on s553C of the Corporations Act 2001 (Cth) (Act) as a set-off defence to an unfair preference claim (brought by a liquidator), under s588FA of the Act, has been a… Read More
2022-03-03 06:59
The Real Estate Institution of Queensland and the Queensland Law Society will be releasing new editions of the Contract for Houses and Residential Land (17th ed.) and Contract for Residentia… Read More
2022-03-03 06:50
As the property market continually increases, Home and Land packages have become increasingly popular. As investors look to grow their property portfolio, one aspect that has gained populari… Read More
2022-03-03 06:42
Debt agreements are administered under Part IX of the Bankruptcy Act 1966 (Cth) (“the Act”). These agreements form a type of personal insolvency, separate to the usual “for… Read More
2021-12-01 00:44
After 20 months of Australia’s international border being closed to Australian temporary visa holders, the Federal Government has announced that borders are soon to be open to eligible… Read More
2021-11-30 23:55
At the beginning of any business, relationship parties will have discussions about what it is they are looking to achieve together – be it a sale, a joint venture or a lease. Whi… Read More
2021-11-29 00:20
What is a Default Judgment?
A default judgment is an order of the Court which is granted when the Defendant has failed to file a Notice of Intention to Defend and Defence (Defence) within… Read More
2021-11-17 01:56
Since the NSW government’s proposed changes to NSW property taxes, namely the replacement of stamp duty with an annual property tax, significant discussions have emerged. In an effort… Read More
2021-11-08 01:28
The eagerly awaited decision in the case of Voller was handed down by the High Court of Australia on 8 September 2021 following a hearing on 18 May 2021. The decision has far-reaching conseq… Read More
2021-10-28 23:30
Covid-19 is not going away anytime soon. That’s a fact we can all agree to.
The impact of the pandemic continues to wreak havoc on the construction industry. As business owners, you… Read More
2021-10-21 02:24
We have seen several quarters of progressively negative economic news and dire predictions of a coming recession caused by lockdowns and the COVID-19 pandemic. To date however the insolvency… Read More
2021-10-20 02:08
The childcare sector plays a critical role in Australia’s economic and social spheres, and has undoubtedly solidified its reputation as a stable industry throughout the duration of the… Read More
2021-10-18 01:52
Reforms commencing 24 July 2022 to the Queensland Building and Construction Act 1991 (Qld) (QBCC Act) will impact entities, including developers, head contractors and foreign entities, enter… Read More
2021-10-18 00:58
Defamation law has become an increasingly active legal practice area within Australia. Our special counsel, Barrie Goldsmith, has a specific focus on assisting individuals, compani… Read More
2021-10-18 00:10
A claim based upon injurious falsehood is often considered as an alternative, or in addition, to a claim for defamation. By law, both are claims in tort. Whilst there are some similarities b… Read More
2021-10-15 01:16
Commercial contracts frequently contain restraints of trade designed to protect the interests of one of the parties.
The validity of those restraints depend upon a wide range of factors… Read More
2021-10-11 00:22
The recent majority decision by High Court of Australia case Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 confirmed the Supreme Court of New South Wales decision on appeal that… Read More
2021-10-06 01:03
Discretionary trusts have long been a cornerstone of business, asset and wealth structuring though their benefits of protecting assets and allowing income to be streamed to beneficiaries in… Read More
2021-10-06 00:45
The sale of a proposed lot in a body corporate development “off-the-plan” in Queensland is governed by the Body Corporate and Community Management Act 1997 (Qld) (“the Act… Read More
2021-09-24 00:29
In light of ongoing lockdowns and work from home arrangements making it impractical for legal documents to be signed and witnessed in ‘wet’ ink, the Federal and State Governments… Read More
2021-09-23 07:36
From 11 October 2021, Certificates of Title will be cancelled and cease to be legal documents. NSW will move to 100% e-conveyancing and paper dealings will no longer be accepted by NSW Land… Read More
2021-09-20 07:30
In a June 2021 report titled “Investigation and Exploration of Undisputed Tax Debts in Australia” (the Report), the Australian Taxation Office (ATO) provided taxpayers with insig… Read More
2021-09-15 07:22
In New South Wales, payments in the building and construction industry are regulated by the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) &nda&hell…Read More
2021-09-08 07:17
From 1 July 2021, the Defamation Act 2005 (Qld) (Act) has been amended to incorporate a number of important changes to the process of pursuing defamation claims including by:
introducing… Read More
2021-09-01 07:09
Defamation law is concerned with the damage caused by a publication that puts a person’s reputation or character to question or disrepute in the eyes of the public. How those words whi… Read More
2021-08-24 02:27
On 22 August 2021, the New South Wales Government published its Construction Rules and Restrictions for occupiers and workers subject to lockdown orders. The rules and restrictions released… Read More
2021-08-23 05:34
On 16 August 2021, ASIC released news of its prosecution of persons failing to assist liquidators in the course of their duties.
The Statistics
In ASIC’s media release, the corporate r… Read More
2021-08-18 21:57
By Michael Finch and Luke Hyland
This article explores how the Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) can be used by subcontractors t… Read More
2021-08-17 23:16
By Michael Finch and Ella Mackintosh
A Concerns Notice is the first step in any prospective defamation proceedings. It is a formal, written notice sent by an aggrieved person to the publishe… Read More
2021-08-17 00:18
You’ve obtained a Judgment from the Local Court of New South Wales that requires the judgment debtor to pay you money. What can you do if they don’t pay?
Judgment debts are enfor… Read More
2021-08-10 04:24
Employees are generally subject to the express terms of their employment agreements and implied and fiduciary duties and statutory duties.
Breaching those duties may lead to significant dama… Read More
2021-08-10 03:27
The aim of litigation through the courts to obtain confirmation of the outcome of a dispute in the form of a judgment. If you are the plaintiff in a civil money claim, you are likely targeti… Read More
2021-08-10 01:09
On 1 July 2021, the National Consumer Credit Protection Amendment (Debt Management Services) Regulations 2021 (Amendments) came into effect.
As a consequence of these Amendments, debt manage… Read More
2021-08-10 00:33
Commercial agreements frequently contain broad statements about each parties’ obligations, including that each party must take all reasonable or necessary steps to achieve the purpose… Read More
2021-07-15 05:25
Landmark decision in NSW court of appeal confirms the gate is now open for businesses to claim for business interruption insurance coverage as a result of the COVID-19 pandemic.
Silver… Read More
2021-07-14 01:58
If someone owes you money, you may be unsure as to whether you should be engaging a debt recovery lawyer or alternatively a debt collection agency. It is usually dependent on the circu… Read More
2021-07-13 05:34
In the recent decision of Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in Liquidation) (Receivers and managers appointed) [2021] FCAFC 64 (“Gunns&rdquo&hell…Read More
2021-07-06 07:38
Rostron Carlyle Rojas Lawyers is pleased to announce the appointment of Michael Finch as a Partner in Commercial Litigation in our growing Sydney practice.
Michael has been a pivotal… Read More
2021-07-01 07:27
We are pleased to announce that effective July 1, 2021 Goldsmiths Lawyers has merged with Rostron Carlyle Rojas Lawyers. This is a very exciting event for both firms, for our employees and o… Read More
2021-07-01 04:20
When clients cast their mind to the future and look to preparing their estate plan there is often confusion about what property actually forms part of their estate. This article addres… Read More
2021-06-25 06:30
The High Court today denied the Insurance Council of Australia’s application to appeal a judgment in the first test case on business interruption claim denials arising out of COVID.
In… Read More
2021-06-17 01:20
The Corporations Amendment (Statutory Minimum) Regulations 2021 increase the threshold at which a creditor can issue a statutory demand on a company from $2,000 to $4,000.
The increase will… Read More
2021-06-09 04:35
Commercial litigation terms can be confusing, especially if you are not familiar with the processes and procedures of civil litigation.
It is important for key stakeholders in litigation (ei… Read More
Seller’s Rights Of Termination Of “off The Plan†Contracts Under A Sunset Clause In Queensland
2021-06-08 04:43
Property boom-increased values
The current property boom has brought into focus the rights of a seller to terminate an” off the plan” contract where registration of th… Read More
2021-06-08 03:26
In the lead up to the end of the financial year, there is always a rush to get matters finalised and for loose ends to be tied up. In this rush, it can be easy for tasks to be missed and to… Read More
2021-05-26 05:50
Insolvency law is complex, which is why we have put together easy-to-understand definitions of some of the more commonly used terms in insolvency law in order to assist you should you come a… Read More
2021-05-10 03:27
When entering into a construction project, parties often feel assured that the terms of their construction contract will provide protection against conflicts. In reality, if parties fail to… Read More
2021-05-10 01:40
What is an Adjudication?
Adjudication is an alternative dispute resolution process. It can be defined as:
a statutory based dispute resolution process;
where a qualified person, known as an… Read More
2021-04-28 03:15
In the March 2021 case, In the matter of Western Port Holdings Pty Ltd (receivers and managers appointed) (In Liq) [2021] NSWSC 232, the NSW Supreme Court has confirmed when payments made to… Read More
2021-04-28 03:09
Under section 588FA of the Corporations Act 2001 (Cth), a liquidator is entitled to claw back payments made by a company in the lead up to its liquidation that unfairly prefer or prejudice t… Read More
2021-04-08 05:06
If you have a customer/client that is not paying their invoices on time or is refusing to pay for works and/or services provided, then you may have to start your debt recovery process.
In or… Read More
2021-04-08 02:51
The Full Federal Court in Workpac Pty Ltd v Rosatto [2020] FCAFC 84 on 20 May 2020, prompted calls for urgent legislative review because it threw into uncertainty the status of casual employ… Read More
2021-03-24 04:11
The small business restructuring (SBR) provisions within the Corporations Act (“the Act”),[1] introduced 1 January 2021, have provided a gateway to ease pressure on small busines… Read More
2021-03-23 22:43
On 11 March 2021, the Federal Government announced the SME Recovery Loan Scheme (Recovery Loan Scheme), which will come into effect on 1 April 2021 and operate until 31 December 2021 and aim… Read More
2021-03-23 05:13
To minimise the risk of substantial collateral financial loss, the court, on evidence of a plaintiff’s impecuniosity, may make an order that the plaintiff pay money into court as secur… Read More
2021-03-09 05:22
From 18 February 2021 a company director will not be able to backdate their resignation more than 28 days or resign and leave a company without a director.
Backdating resignations… Read More
2021-02-23 00:31
This article will explain the reason why a due diligence should be undertaken in the sale andpurchase of a business.
Why do a due diligence?
There are a few reasons why a due diligence is im… Read More
2021-02-11 06:26
Have you ever wondered how long you can be chased for a debt or how long you have to recover your unpaid debts?
In most states in Australia, the limitation period for debts is for six (6) ye… Read More
2021-02-11 04:52
In 2020, three quarters of Australian businesses accessed COVID-19 related support measures, with 55% accessing wage subsidies and 38% accessing other government support measures. Given thes… Read More
2021-02-11 04:37
When your company becomes insolvent, you can expect a number of things outside your control to happen that you might want to know about and understand your rights.
You Receive Invoices or D… Read More
2021-02-11 02:28
Entering into a contract is often an exciting time for you or your business. However, it is important to know exactly what you are getting into. Reviewing your contract prior to signing can… Read More
2021-02-11 00:44
The term ‘litigate’ is used when a person or company resorts to legal action to settle a matter. Litigation is a method of resolving disputes, which are usually either civil or c… Read More
2021-02-10 03:55
What is construction law?
Construction law can be broadly defined as a branch of law that involves the regulation of all types of construction and building works. The body of law that deals… Read More
2021-02-03 06:30
A recent matter reminds us all that in a hot real estate market and rising prices, any delays in settlement can be a fundamental breach. However-not all may be lost if there is an instalment… Read More
2021-01-29 00:21
On 1 January 2021, a number of amendments to Chapter 5 of the Corporations Act (2001) (Cth) came into effect, establishing a new framework of Australian insolvency law to better serve small… Read More
2021-01-28 23:42
Overview
On 22 March 2020 the Government announced temporary insolvency relief for financially distressed companies, to help businesses get to the other side of the Coronavirus crisis.&nb&hellip…Read More
2021-01-25 06:31
Following the breakdown of your marriage or de facto relationship, your primary focus is likely to be putting in place some arrangements for children, re-housing, dividing up your assets/f… Read More
2021-01-25 06:22
To disclose, or not to disclose – that is the question (or whatever Shakespeare said)
A financial settlement with a former partner can be one of the most emotional financial decisions… Read More
2021-01-25 06:18
If you’re thinking of walking down the aisle or moving in with your partner, then it may be time to think about a Financial Agreement, commonly referred to a pre-nuptial agreement or… Read More
2021-01-25 04:27
Having the support of family and friends can be crucial when going through a relationship breakdown, but getting specialist advice from a family lawyer early on can be invaluable. &nb&hellip…Read More
2021-01-20 06:20
Litigation is when a person begins a civil lawsuit against an organisation or another individual. There a various rule under the civil procedure that govern actions that occur in state and… Read More
2021-01-20 03:45
Debt recovery is the process in which you embark on to minimise your debt and begin the process of not owing anything.
Debt is a situation that many individuals easily slip into. It i… Read More
2021-01-20 02:31
With construction being Australia’s largest industry and having the highest number of operating businesses within it, it is likely that a business will require a construction lawyer at… Read More
2021-01-19 01:10
Insolvency is the inability to pay bills as they become due. While the term ‘insolvent’ can apply to both companies and individuals, personal insolvency is more commonly referred… Read More
2021-01-13 02:12
Social media platforms such as face book and twitter have now become the normal platforms for community and social groups to keep informed and stay in touch with each other.
Unfortunately, t… Read More
2020-12-14 02:39
The departure of a key employee can give rise to considerable risk and concern.
In the excitement of starting a new job, an employee may fail to consider or ignore their current employment c… Read More
2020-12-14 01:29
It’s beginning to look a lot like Christmas but for some, after a stressful 2020, Christmas can be a time of sadness and frustration. So, what can separated families do to make Christm… Read More
2020-11-16 05:50
From 30 November 2020, the Enduring Power of Attorney (EPA) and Advance Health Directive (AHD) forms that have been used for nearly 20 years in Queensland will be replaced by new versions. T… Read More
2020-10-12 05:10
Shareholder disputes often arise in private companies where there is a breakdown in relationships between shareholders. Often these disputes arise from assertions of oppression of a minority… Read More
2020-10-12 00:24
The Migration Program for 2020-2021 was finally “announced” on the night of the Federal Budget on 6 October 2020.
Traditionally, the migration program for the next fiscal year is… Read More
2020-09-29 03:21
A large number of visa holders have been directly impacted by the restrictions imposed in response to the COVID-19 pandemic and have been facing uncertainty about their future in Australia… Read More
2020-09-29 00:38
Raising children with your ex-partner following separation can be difficult and stressful and many parents find themselves embroiled in Court proceedings to determine ongoing arrangements fo… Read More
2020-09-25 05:59
On 24 September 2020, Federal Treasurer the Hon Josh Frydenberg MP along with the Michael Sukkar MP, Minister for Housing and Assistant Treasurer, announced significant reforms to Australia… Read More
2020-09-25 05:18
The Federal Government’s JobKeeper Payment Scheme, which was announced in March 2020, is one of the most significant business stimulus packages offered by the Government in response to… Read More
2020-09-21 04:36
We have not heard the word “unprecedented” used more than we have over the past eight months, however, it is arguably the most accurate word to describe the trying times we have… Read More
2020-09-21 01:46
Getting paid in the construction industry can sometimes be challenging. The good news is that there are a range of options that you can pursue to get paid. The course of action you take to e… Read More
2020-09-11 06:42
Frequently, disputes arise as to whether an agent was the effective cause of sale and therefore entitled to commission on sale of a property .
In Outerbridge trading as Century 21 Plateau Li… Read More
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