e-Briefs - News and Information on Legal Topics

e-Briefs

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Will the failing security of payment scheme ever get "fixed"?

posted 15th May 2017

The Federal Government has announced plans for a review of the security of payment laws in the building and construction industry. The review stems from a concern on the government’s behalf over the significant differences in security of payment frameworks across Australia, and the impacts of these differences on the level of protection afforded to subcontractors ...

Change of Trustee on Title in the ACT

posted 8th May 2017

Property in the ACT, especially commercial property, is often held by a company as trustee for a trust. This can be for many reasons, two of which are asset protection and to manage how income from the property is distributed...

My customer owes me a debt - Get my money - Enforcing Judgment

posted 1st May 2017

In our last note about chasing money owed by a customer, we looked at where and how judgment for a debt could be obtained. However, the reality is that getting judgment is just the first step – you then need to get paid...

New Legislation passed which promises faster, cheaper & fairer arbitrations

posted 13th April 2017

The Commercial Arbitration Bill 2016 (the Bill) was passed by the ACT Legislative Assembly on 21 March 2017, and will (once notified) replace the existing Commercial Arbitration Act 1986 (ACT). Its object is to facilitate faster, fairer and hopefully cheaper arbitrations in line with international best practice...

ACT versus NSW - Stamp duty on put & call option deeds

posted 10th April 2017

A Put & Call Option Deed (‘Deed’) is an agreement entered into between two parties now, whereby the subject of the agreement is to enter into a further agreement (ie a contract for the sale of land) at a later point in time...

Just been served with a subpoena? Here's what to do ...

posted 3rd April 2017

You may not be in litigation against another person, or even in dispute with anyone, however you may dragged into someone else’s litigation if you’re served with a subpoena ...

Land Tax Surcharge: A hidden cost of property ownership in NSW

posted 27th March 2017

In NSW, from 1 January 2017, a land tax surcharge of 0.75% is imposed on owners of residential land who are 'foreign persons'. The surcharge also extends to trusts that own residential land which have beneficiaries that are 'foreign persons'...

Leaky walls, shoddy floors and creaky doors: Does the builder have the right to choose the rectification method?

posted 6th March 2017

Residential construction disputes over defective work can be complicated and expensive, especially when they become emotionally charged. Builders generally have the right to rectify defects in their own work, though in residential construction disputes exercising this right can inflame an already tense situation...

Just been served with a court claim? Here's what to do ...

posted 1st March 2017

If you’re in dispute with another person and can’t resolve that dispute, there’s a chance that other person will start litigation to sue you in a tribunal or court. This could happen even if you think the dispute is the other person’s fault, or the claim against you is exaggerated...

Retail leasing in NSW: Long awaited changes are one step closer

posted 27th February 2017

After lengthy industry consultation and discussion, the proposed amendments to the Retail Leases Act 1994 (NSW) (‘RLA’) are now one step closer. The Retail Leases Amendment (Review) Bill 2016 (‘the Bill’) recently passed the Legislative Assembly and Legislative Council without amendment and is now awaiting on Royal Assent...