News & Resources

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News & Resources

Commercial Law Q&A

Are my Staff Casual Employees, or permanent?
Anyone who is responsible for the hiring and firing of staff should be across the “type” of employee they hire. The recent case of Workpac Pty Ltd v Rossato (2020) has highlighted that you cannot make assumptions.
So how do you know if you have a permanent or casual employee?

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Legislative changes to discretionary trusts and foreign persons

The State Revenue Legislation Further Amendment Act 2020 No.14 has introduced a new section 104JA to the Duties Act 1997 No.123 (“new Act”) designed to strengthen New South Wales’ revenue base.

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Family Owned and Operated Podcast

As a part of the Sutherland Shire Leader Family Owned and Operated feature, Solari and Stock were also invited to take part in a podcast recording which again highlights family businesses within the St George and Sutherland Area.

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Family Owned and Operated

Solari and Stock were recently invited to participate in the Family Owned and Operated feature in the Sutherland Shire Leader.

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Family Law Q&A

We don’t really own much, but my ex has a large superannuation entitlement when he retires. Can it be divided?

Superannuation was always something that needed to be taken into account in working out a Family Law division. It was classified previously as a financial resource. However there were changes to the Family Law Act in 2002 which in fact made it possible to actually divide superannuation between the parties upon separation. These are called Superannuation Splitting Orders.

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Capital Gains Tax and Family Law Property Settlement – is it a Liability to be taken into consideration in Family Law Matters or not?

Capital Gains Tax and Family Law Property Settlement – is it a Liability to be taken into consideration in Family Law Matters or not?
When calculating the value of the assets available for division between parties, the court may take into consideration any capital gains tax (“CGT”) implications of asset disposal.

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Commercial Law Q&A

It is commonly accepted that a landlord owes a tenant of a property a duty of care to protect them from any reasonably foreseeable risks associated with the property

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Conveyancing Alert – QuiContract

Although we haven’t had any first-hand experience in seeing this implemented, it has been brought to our attention that the Real Estate Institute of New South Wales has prepared a document which they refer to as a QuiContract.

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Commercial Law Q&A

Is there a time you have to wait after you make a person redundant before you can re advertise for the same position?

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What is required to satisfy ‘reasonable endeavours’ and ‘best endeavours’ clauses in commercial contracts?

Many commercial contracts contain provisions require one or other party to use “reasonable endeavours” or “best endeavours” to achieve a particular result.

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Wills and Same Sex marriage

With the legislation now allowing for same sex marriages, those in a same sex marriage must remember that unless a Will is stated to be made in contemplation of marriage, marriage revokes a will.

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Wills & Estates Q&A

Can I challenge a will?
You may be able to challenge a will on a number of grounds, provided you are eligible to do so.

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Where to start with a Deceased Estate

Managing the estate of a deceased friend or loved one can be a very overwhelming task. Aside from processing the sadness of loss, you have the added pressure of honouring someone’s wishes while trying to understand jargon in a complicated legal process.

The first question you need to ask is simple: do they have a Will?

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Parenting with my Ex in the middle of the COVID19 Pandemic

Parenting with my Ex in the middle of the COVID19 Pandemic

This has been a difficult time for many families trying to work out what to do with the arrangements for their children during the COVID19 global pandemic. We have outlined some of the issues that separated parents are facing at this time

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JobKeeper – commonly asked questions

Do you have questions about the recent changes to JobKeeper? We have all the answers you need to know right now.

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Covid-19: Electronic and remote signing of documents and Deeds – what you need to know.

Temporary laws addressing issues relating to the signing and witnessing of documents have been passed in almost all Australia jurisdictions. So can we all sigh a big relief and know that life and business should be easier? No, not quite.

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NSW Government Media Release

On 23 September 2020 the NSW Government announced that it is going to extend the operation of the Commercial & Retail Leasing Code of Conduct so that it will now expire on 31 December, 2020.

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Lighthouse Project- Court changes to assist in Family Violence

The Family Court of Australia and the Federal Circuit Court of Australia are leading the way in assisting families that have experienced family violence or other safety concerns to navigate the family law system. The Project is the Courts’ response to calls for the family law system to better address and respond to family violence and other safety risks.
The Lighthouse Project is an innovative approach taken by the Courts to screen for risk, with a primary focus on improving outcomes for families involved in the family law system.

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Risks when purchasing off the plan properties

Buying off the plan is where you enter into a Contract to purchase a property prior to the completion of the construction of the dwelling or prior to the registration of the plan of subdivision(strata or otherwise).

There are risks associated with purchasing off the plan and the COVID-19 pandemic has highlighted some of the risks that need to be considered before you enter into an off the plan property purchase Contract.

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Family Law Q&A

WHAT IS THE TIME LIMIT FOR FAMILY LAW PROPERTY SETTLEMENTS?
When discussing family law property settlements many clients are unsure if they need to be divorced before they can have their property settlement and whether there are time limits to finalise their property settlement.

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Covid 19 and the second wave of Domestic Violence

The financial impact of COVID 19 pandemic has been felt by all Australians in some way. For couples who are going through the process of separation or are struggling with the impacts of a domestically violent relationship, the impact of COVID 19 can be significantly amplified.

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