SOPA v Other debt recovery methods The construction industry has been one of the most volatile in recent years. With the rise of interest rates and costs of materials negatively impacting the building industry this has led to many insolvencies. Where subcontractors go unpaid for work performed, not only is this destructive to that subcontractor’s cash flow, it often also delays the eventual completion of the build. It is essential if you are involved in the construction industry that you understand the legal mechanisms available to you for debt recovery. Security of payment legislation (SOPA ..read more

Builder Insolvency: Know your rights. Currently building businesses are failing at an extraordinary rate due to a myriad of external and economic forces issues impacting the construction industry. If you are working with a builder who collapses it immediately raises a great deal of questions and a lot of concern about financial loss. To curb or reduce financial losses, it is important to understand your legal rights and not be led astray by the information and assertions made by a liquidator or administrator. It is also important that you don’t just take your information from online forums or ..read more

For aspiring entrepreneurs, franchising offers a compelling pathway into establishing a business. But with its unique structure and inherent complexities, understanding what a franchise entails is crucial to making an informed decision. The franchising world is highly regulated and has unique procedures and processes, which if properly understood, will help you make the most informed decision when looking to buy a franchise. Our franchise lawyers provide insights and guidance for those considering buying a business and operating within a franchise group. What is a Franchise? A franchise is a b ..read more

The franchise industry is a large part of Australia’s economy, worth $135 billion employing over half a million people in over 70,000 franchises. The 2023 review of the Franchising Code of Conduct by Dr Michael Schaper was released this year. The review comes with 23 key recommendations for the franchising industry. Chris Karatselios, commercial law specialist, provides an overview of the key points and distinctions from the review published by Franchise Executives. Read our article here:   Enhancing the franchise landscape: Code review ..read more

Interpreting the Newly Clarified “Child’s Best Interests” principles in Family Disputes Recent updates to family law legislation aim to reduce confusion about how to determine a child’s “best interests” when it comes into operation on 6 May 2024. Previously Section 60CC of the Family Law Act (the Act) contained two categories of factors to be considered by the Federal Circuit and Family Court of Australia (the Court) “primary” and “additional” considerations. The new Section 60CC contains six “general considerations” and two “additional considerations” regarding Aboriginal and Torres Strait Is ..read more

Discover the latest changes in employment law with our insightful thoughts on Australia’s “right to disconnect” legislation. These transformative changes grants employees the power to ignore work-related calls, emails, or messages outside of their working hours, bringing a nuanced balance between operational needs and employee well-being. Employment Law: The right to disconnect. Australia’s “right to disconnect” laws introduce nuanced rights for after-hours work communications.   Employees’ right to ignore work-related calls, emails, or messages outside of their working hours (subjec ..read more

The Australian Taxation Office (ATO) has taken a significant step towards enhancing transparency and promoting fair business practices with its recent decision to start to disclose business tax debt information to credit reporting bureaus (CRBs). This move is claimed to be aimed at supporting businesses in making more informed decisions, encouraging engagement with the ATO to manage tax debts effectively and to minimise the financial edge that some businesses may gain by delaying tax payments. The criteria for reporting tax debts Under the new policy, the ATO will report the tax debt informati ..read more

Comprehensive estate planning is not just a suggestion—it is a necessity for anyone with a trust, company, or complex asset structure and for a smooth transition of your assets after your death.  In the complex world of estate planning, a Will, while essential, is often just the starting point.   For individuals with assets held in trusts, companies, or superannuation funds additional documents are required as a part of estate planning. Such assets, while controlled by you, may not be directly owned by you, making them ineligible for inclusion in a Will.   You may requ ..read more

Land tax assessments are typically issued in January to March of a calendar year assessing land owned by a taxpayer at midnight on 31 December of the preceding calendar year. Can an objection be lodged against a land tax assessment? Yes, you can certainly object to your land tax assessment. Taxpayers can object if they are dissatisfied with the land tax assessed for various reasons. Importantly, taxpayers should be aware that they have a 60-day window to lodge an objection with the respective revenue offices, such as the State Revenue Office of Victoria, or Revenue New South Wales. On what gro ..read more

The final review of the Franchising Code of Conduct conducted by Dr Schafer has been released by Treasury. Franchising, which significantly contributes to the Australian economy with 1,144 franchise systems, over 70,000 franchisees, and employing more than half a million people has been well scrutinised over the last few years.A recent comprehensive review has 23 recommendations aimed at refining the regulatory framework governing this sector. The review scrutinised the Franchising Code of Conduct’s effectiveness in fostering a robust, fair, and competitive environment for both franchisors an ..read more