Publications

Our latest publications

Explore the latest news and media and keep up to date with practical legal solutions to individuals, partnerships and small to medium sized businesses.

Roles, Powers, and Legal Obligations of Strata Management Agencies in Strata Schemes
Roles, Powers, and Legal Obligations of Strata Management Agencies in Strata Schemes
This article outlines the roles, powers, and legal obligations of strata managing agents under the S...
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You are liable for third party content on your social media outlets
You are liable for third party content on your social media outlets
Many companies now have their own Facebook page or Twitter account and use the same for marketing, b...
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Understanding Strata Schemes: A Guide for Owners in NSW
Understanding Strata Schemes: A Guide for Owners in NSW
Strata schemes are a common form of property ownership in multi-unit developments, including apartme...
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A Deep Dive into Agency, Forgery, and Vicarious Liability: Nathan v Dollars & Sense Ltd
A Deep Dive into Agency, Forgery, and Vicarious Liability: Nathan v Dollars & Sense Ltd
In Nathan v Dollars & Sense Ltd [2008] NZSC 20 the New Zealand Court of Appeal decided a case in...
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Sophisticated and Professional Investors – What are they?
Sophisticated and Professional Investors – What are they?
The Corporations Act 2001 (Cth) (“The Act”) in s708(8) states that an offer of shares does not n...
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To Reverse Takeover or not?
To Reverse Takeover or not?
Picture the scenario where a thriving private company aspires to be listed on a stock exchange, but ...
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Amusement Industry Rivalry Heats Up in Copyright Battle: Milwell Pty Ltd v Olympic Amusements Pty Ltd [1999] FCA 63
Amusement Industry Rivalry Heats Up in Copyright Battle: Milwell Pty Ltd v Olympic Amusements Pty Ltd [1999] FCA 63
In a 1999 proceeding, Australian amusement company Milwell Pty Ltd and Olympic Amusements Pty Ltd lo...
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Autodesk Inc & Ors v Ginos Engineers Pty Ltd & Anor [2009] FMCA 14: Software Piracy in the Engineering Field
Autodesk Inc & Ors v Ginos Engineers Pty Ltd & Anor [2009] FMCA 14: Software Piracy in the Engineering Field
In 2009, the Federal Magistrates Court of Australia heard the case between Autodesk Inc. and its rel...
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Software Pirate Pays the Price: Autodesk v Cheung Case Sets Precedent for Copyright Infringement Damages
Software Pirate Pays the Price: Autodesk v Cheung Case Sets Precedent for Copyright Infringement Damages
The case of Autodesk Australia Pty Ltd v Cheung (1990) 94 ALR 472 showcases the challenges surroundi...
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Is it a Penalty Clause?
Is it a Penalty Clause?
Is it a Penalty Clause? Is someone trying to hold you liable for breaching a clause which you believ...
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Copyright Clash Down Under: Aristocrat v DAP Services – A Tale of Artistic Ripping and Digital Duplication
Copyright Clash Down Under: Aristocrat v DAP Services – A Tale of Artistic Ripping and Digital Duplication
Australian gaming company, Aristocrat Technologies, brought legal proceedings against DAP Services (...
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Software Showdown: Microsoft Takes on Ezy Loans in Australian Copyright and Trademark Dispute
Software Showdown: Microsoft Takes on Ezy Loans in Australian Copyright and Trademark Dispute
In the case of Microsoft Corporation v Ezy Loans Pty Ltd [2004] FCA 1135, Microsoft confronted Ezy L...
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澳洲政府刺激计划
澳洲政府刺激计划
针对雇主的现金流刺激计划 ATO会提供免税的现金流刺激从$20,000到$100,000不等...
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新冠肺炎法律要点
新冠肺炎法律要点
鉴于当下新冠肺炎(COVID-19)的广泛流行,我们了解到许多我所的客户都正...
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COVID-19 – General Legal Advice
COVID-19 – General Legal Advice
We understand that many of our clients are facing unprecedented challenges in light of the COVID-19 ...
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COVID-19 Employment Law Update
COVID-19 Employment Law Update
We understand that employers are facing unprecedented challenges in light of the COVID-19 pandemic. ...
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Unfair Dismissal Claims & Casual Employees
Unfair Dismissal Claims & Casual Employees
An employer is entitled to end an employment relationship with an employee but this entitlement is s...
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Employee’s Leave Entitlements & Flexible Working Arrangements
Employee’s Leave Entitlements & Flexible Working Arrangements
COVID-19 or Coronavirus has had a tremendous impact on the global economy and the employment sector ...
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Changes to Employment Terms
Changes to Employment Terms
Any employer who wants to make changes to the terms of the employment contract between the employer ...
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Types of Employment Relationships and the Relevant Entitlements
Types of Employment Relationships and the Relevant Entitlements
It is important for an employer, as well as an employee, to understand their employment relationship...
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Statutory demands and how you can utilise them to recover a debt
Statutory demands and how you can utilise them to recover a debt
Statutory demands are one of the options available to creditors to recover any outstanding money the...
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Winding Up Applications
Winding Up Applications
Winding up refers to the process of dissolving a company by selling its stock and assets in order to...
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Responding to a Statutory Demand (and the COVID-19 temporary changes)
Responding to a Statutory Demand (and the COVID-19 temporary changes)
A statutory demand is a document issued by a creditor that allows a creditor to demand payment from ...
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Cultivation of Medicinal Cannabis
Cultivation of Medicinal Cannabis
In February 2016, Australia legalised medicinal cannabis. The regulation of production and cultivati...
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Importation of Medical Cannabis
Importation of Medical Cannabis
The importation of medicinal cannabis is strictly regulated and is subject to international drug con...
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Manufacturing of Medicinal Cannabis
Manufacturing of Medicinal Cannabis
To manufacture medicinal cannabis, the manufacturer must hold both an Office of Drug Control (ODC) l...
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Hemp Cultivation
Hemp Cultivation
Hemp is a cannabis plant species that contains tetrahydrocannabinol (THC) and when the seed is used ...
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Exportation of Medical Cannabis
Exportation of Medical Cannabis
The ability to export medicinal cannabis was legalised in February 2018. There are certain requireme...
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VBA Show Cause process
VBA Show Cause process
From 1 September 2016, the VBA introduced a show cause process to replace the existing Building Prac...
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Building Legislation Update – What you need to know!
Building Legislation Update – What you need to know!
A large percentage of Victorian domestic building projects are completed to a high quality standard....
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Is a family member claiming an interest over your family land?
Is a family member claiming an interest over your family land?
The principle of indefeasibility (the State guarantee as to ownership of land) applies only to Torre...
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Does your land contract have “possession” and “land tax” clearly defined?
Does your land contract have “possession” and “land tax” clearly defined?
Pursuant to s 15 of the Land Tax Act 2005 (Vic) (Act), a purchaser under a contract of sale of land ...
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Your Payment Claim and Schedule Must Match Your Adjudication Documents
Your Payment Claim and Schedule Must Match Your Adjudication Documents
In the case of Leighton v Arogen [2012] NSWSC 1323, Arogen was subcontracted by Leighton to supply h...
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The Tax Benefits of Venture Capital Fund Limited Partnerships
The Tax Benefits of Venture Capital Fund Limited Partnerships
The Federal Government provides generous tax relief for funds registered as Early Stage Venture Capi...
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Removal of Trade Marks for Non-Use: Applying and Responding
Removal of Trade Marks for Non-Use: Applying and Responding
Trade Mark registration does not provide boundless and unconditional protection for its owner. An ow...
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R&D Tax Incentives for Innovators
R&D Tax Incentives for Innovators
The Federal Government’s R&D Tax Incentive program is targeted at Australian companies, partic...
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Privacy Concerns and Cloud Computing
Privacy Concerns and Cloud Computing
For many businesses, cloud computing has become an essential tool to minimise ongoing computing cost...
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Privacy Act –The 2014 Reforms
Privacy Act –The 2014 Reforms
On 12 March 2014,the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) will come into ...
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Social Media Monitoring
Social Media Monitoring
QANTAS has recently come under fire for the appearance of pornographic material on its Facebook page...
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International Chamber of Commerce –Rules of Arbitration
International Chamber of Commerce –Rules of Arbitration
An arbitration agreement gives parties a chance to present their contractual disputes for decision b...
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Honest and Concurrent use of a Trade Mark
Honest and Concurrent use of a Trade Mark
A trade mark is a vital part of any business and is the identity of a product or service. Accordingl...
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Government Grants for Industry Innovators
Government Grants for Industry Innovators
The Government’s Small Business Enterprise program has been established to encourage small busines...
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The Doctrine of Innocent Infringer
The Doctrine of Innocent Infringer
In our article titled Copyright Infringing Drawings & Plans, we discussed situations where there...
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Be Careful of What You Post on Facebook
Be Careful of What You Post on Facebook
In the case of Seafolly v Madden [2012] FCA 1346, Leah Madden, the principal of White Sands, an Aust...
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What is Serious Misconduct? What is Unfair Dismissal?
What is Serious Misconduct? What is Unfair Dismissal?
For those who are reading this article to learn more about Unfair Dismissal Remedy Applications with...
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Unfair Dismissal –The Principal Purpose Test
Unfair Dismissal –The Principal Purpose Test
Pursuant to the Fair Work Act 2009 (Cth) (the Act), a person is protected from unfair dismissal if t...
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Summary Dismissal –What is Serious Misconduct and Breaching Company Policy
Summary Dismissal –What is Serious Misconduct and Breaching Company Policy
On many occasions our clients have asked whether they can dismiss an employee on grounds of serious ...
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Set your privacy protections on social media otherwise you can be sacked!
Set your privacy protections on social media otherwise you can be sacked!
In the case of Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444, Mr Stutsel, an employed truck dri...
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Return to Work Guarantee –Merit Based Reviews
Return to Work Guarantee –Merit Based Reviews
Pursuant to s 83 of the Fair Work Act 2009 (Cth) (the Act), if an employee is on unpaid parental lea...
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Offer to redeploy a redundant employee into another role
Offer to redeploy a redundant employee into another role
Pursuant to s 389 of the Fair Work Act 2009 (Cth) (the Act), an employee’s dismissal is not a case...
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Non Payment of Long Service Leave due to Employee’s resignation on grounds of inadequate child care
Non Payment of Long Service Leave due to Employee’s resignation on grounds of inadequate child care
An employee is entitled to 8.67 weeks of paid long service leave when an employee has been employed ...
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Misleading and Deceptive Conduct Relating to Employment
Misleading and Deceptive Conduct Relating to Employment
Schedule 2 of the Competition and Consumer Act 2010 (the Act) makes provisions for misleading and de...
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Making someone redundant whilst on maternity or parental leave
Making someone redundant whilst on maternity or parental leave
An Unlawful Termination can occur where an employer terminates, or makes redundant, an employee whil...
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Lookout for the Fair Work Ombudsman and the fines which can apply
Lookout for the Fair Work Ombudsman and the fines which can apply
Pursuant to the Fair Work Act 2009 (Cth) (the Act), Fair Work Australia has the power to appoint Ins...
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A Reflection of Society’s Expectations for Sexual Harassment Victims
A Reflection of Society’s Expectations for Sexual Harassment Victims
The Full Federal Court of Australia (the “Full Court”) has recently made a landmark decision in ...
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Don’t allege fraud or serious misconduct unless you have the evidence!
Don’t allege fraud or serious misconduct unless you have the evidence!
In the case of McKerrow v Sarina Leagues Club Incorporated T/A Sarina Leagues Club [2012] FWA 1251,...
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Classification of Employees pursuant to Modern Awards
Classification of Employees pursuant to Modern Awards
The Fair Work Ombudsman has been busy prosecuting businesses and directors for the underpayment of w...
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Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal
Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal
In Pearson v Linfox Australia Pty Ltd[2014] FWC 446, Commissioner Gregory of the Fair Work Commissio...
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Am I An Independent Contractor?
Am I An Independent Contractor?
In gaining work you may find yourself being labelled as an independent contractor, but what does tha...
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A positive obligation of redeploying a redundant employee
A positive obligation of redeploying a redundant employee
Employers must be mindful of its obligations under the Fair Work Act 2009 (Cth) (the “Act”) when...
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When does Completion Actually Occur?
When does Completion Actually Occur?
The definition of “completion date” has been widely litigated. Consequently, s 3B was inserted i...
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What is the Building Code and When Does it Apply?
What is the Building Code and When Does it Apply?
In our article titled “Fair Work Targeting the Building & Construction Industry” we notified...
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What happens if you don’t obtain sufficient insurance?
What happens if you don’t obtain sufficient insurance?
Licenced contractors must insure their building works pursuant to s 92 of the Home Building Act 1989...
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Reforms to the Home Building Act
Reforms to the Home Building Act
The Department of Fair Trading previously announced that New South Wales will be undertaking a refor...
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Renovation Works – Put it into writing!
Renovation Works – Put it into writing!
In the case of Price, Clark v Urban Garden Enrichment and Munn (Home Building) [2012] NSWCTTT 413, t...
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Recovering Costs for Variations to the Contract
Recovering Costs for Variations to the Contract
For builders and contractors, variations to the contract are all well and good if there is a written...
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Principal Contractors Beware – Is Your Payment Schedule Suffice to Defend a Payment Claim?
Principal Contractors Beware – Is Your Payment Schedule Suffice to Defend a Payment Claim?
In the case of Sand Excavation Pty Ltd v Nahas Constructions Pty Ltd [2011] NSWSC 184, various issue...
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More Paperwork for the Construction Industry
More Paperwork for the Construction Industry
On 20 November 2013, the Building and Construction Industry Security of Payment Bill 2013 (NSW) was ...
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Make sure your experts have complied with the Code
Make sure your experts have complied with the Code
In the case of Tinsley v Masterton Homes Pty Ltd (Home Building) [2013] NSWCTTT 26, Tinsley had enga...
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Inadequate Designs & Specifications – What do you do?
Inadequate Designs & Specifications – What do you do?
Imagine this scenario -you are in the middle of  completing  a  home  building contract  and yo...
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How to Defend a Notice To Show Cause and Disciplinary Proceedings
How to Defend a Notice To Show Cause and Disciplinary Proceedings
Pursuant to s 53 of the Home Building Act 1989 (NSW) (the Act), a holder of a contractor licence or ...
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How Do I Terminate My Home Building Contract?
How Do I Terminate My Home Building Contract?
For homeowners, building your own home can become a stressful exercise which often results in litiga...
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Homeowners – The consequences of obtaining an Owner Builder Licence
Homeowners – The consequences of obtaining an Owner Builder Licence
In the case of Jason Field & Kim Field v Craig John Dettman, the Fields had obtained an owner bu...
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Have you been refused a contractor licence?
Have you been refused a contractor licence?
In the case of Bannister v Department of Finance and Services [2011] NSWADT 290, Mr Bannister had he...
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Getting Paid for Uninsured Work –The Loophole
Getting Paid for Uninsured Work –The Loophole
In our previous article titled Demanding payment without sufficient home warranty insurance, we disc...
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Fair Work Targeting the Building & Construction Industry
Fair Work Targeting the Building & Construction Industry
As at 5 May 2013, Fair Work Building & Construction has recovered over $2 million in unpaid wage...
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Did you receive a Notice to Show Cause? Now What?
Did you receive a Notice to Show Cause? Now What?
The Home Building Services may issue a Notice to Show Cause to a licensed contractor during discipli...
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Demanding payment without sufficient home warranty insurance
Demanding payment without sufficient home warranty insurance
In our previous article titled what happens if you don’t obtain sufficient insurance? We discussed...
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Defective pre–purchase inspection reports and how to choose your expert
Defective pre–purchase inspection reports and how to choose your expert
In our article titled How to select a building consultant to prepare a pre –purchase inspection re...
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Copyright infringement of architectural drawings in development consent
Copyright infringement of architectural drawings in development consent
In the High Court case of Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006]...
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Commercial Fitouts and Your Obligation to Give Notice of Adjudication Applications
Commercial Fitouts and Your Obligation to Give Notice of Adjudication Applications
In the case of Chase Oyster Bar v Hamo Industries [2010] NSWCA 1990, Chase Oyster Bar (Chase) engage...
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What does a Homeowner do to rectify defective works?
What does a Homeowner do to rectify defective works?
In the event a homeowner claims there have been defective works in the construction of their home, a...
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BCISPA – Denial of Natural Justice
BCISPA – Denial of Natural Justice
In the case of Lahey Constructions Pty Ltd v Newbold Build Haulage Pty Ltd [2013]NSWSC  215,  Lah...
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Termination of Building Contracts for Delay
Termination of Building Contracts for Delay
Termination of Building Contracts for Delay
Section 41 of the Domestic Building Contracts Act 1995 (Vic) (the “Act”) confers a right on Owne...
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Employee Share Schemes – What Proportion should be Available on Cessation of Employment?
Employee Share Schemes – What Proportion should be Available on Cessation of Employment?
This is our third article in our series of articles on Employee Share Scheme (“ESS”). Where empl...
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Employee Share Schemes – ‘Golden Handcuff’ or Reward for Past Services?
Employee Share Schemes – ‘Golden Handcuff’ or Reward for Past Services?
This is our second article in our series of articles on Employee Share Scheme (“ESS”). The chara...
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Employee Share Schemes – Introduction
Employee Share Schemes – Introduction
Are you an employee being invited to participate in an employee share scheme? Or perhaps you are an ...
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Unexpected Increases in the Contract Price
Unexpected Increases in the Contract Price
Are you a builder who has experienced the owner continuously requesting variations to the Contract? ...
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Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice
Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice
Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice Have you ever wondere...
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Builders Beware! Check that your selection schedule matches the plans and specifications
Builders Beware! Check that your selection schedule matches the plans and specifications
In the case of Watson v Gremmo Homes Pty Ltd (Home Building) [2013] NSWCTTT 44, Gremmo Homes Pty Ltd...
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Inadequate Designs & Specifications – What do you do?
Inadequate Designs & Specifications – What do you do?
Imagine this scenario – you are in the middle of completing a home building contract and you d...
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