Unfortunately, stories regarding dysfunctional Owners Corporations are becoming more and more common. A dysfunctional Owners Corporation can result in a litany of problems, from untidy gardens and unpainted walls, all the way through to damaged common property (or even apartments or townhouses) that just never seem to get fixed.
The PPSR is a national register of security interests held in personal property, and was introduced under the Personal Property Securities Act 2009 (Cth) ("PPSA"). Personal property is any property other than land, and includes vehicles, art, cattle, shares, and copyright. We outline some tips to be aware of in relation to the PPSR.
Small businesses are often subject to unfair contract terms in standard form contracts as they may not have the necessary resources, power or experience to manage contract negotiations. The Federal Government has introduced legislation which will extend the unfair contract provisions currently in place for household consumers to protect small businesses. Mitchell Zadow explains.
The Fair Work Commission has now decided that all modern awards should allow for the cashing out of annual leave, on grounds similar to those already provided for in section 93 of the Act. This will permit employees who are covered by a modern award to cash out accrued annual leave in excess of four weeks. Again, the terms provided for in section 93 of the Act must be adhered to. Furthermore, employees covered by a modern award will be limited to the amount of annual leave that they can cash out, being a maximum of two weeks in any 12 month period.
Voluntary Administration is the process where the 'Administrator' of a company's affairs makes recommendations to the creditors about what the best course of action is to help the company repay its debuts. During this process, the Directors cease being in control of the company and its affairs. Read here for more details on the process and our tips if your company is facing insolvency or financial difficulties.
When giving any form of notice under the contract of sale of real estate, it is best to serve the notices on the contracting party itself, with a courtesy copy to any 'agent'. Or, alternately, ensure that any 'agent' you are dealing with has the express authority from the vendor or purchaser to receive notices. Read here for more information.
Unfortunately, there is no easy definition of what a Court would consider to be unconscionable conduct in a Lease. Instead, s.77 and s.78 of the Act set out various factors to be considered when assessing a party's conduct. Read here for more information.
When parents are passing on their wealth to the next generation, they are often concerned that it not fall into unintended hands. Primarily, this concern relates to the potential for a child's spouse to receive a payment from the inheritance in a Family Law settlement.
When engaging a builder to build you a new home or even renovate your existing home, there are generally two common issues which you as the owner may face when entering into building contracts. The first is that of delay by the builder and the second is that of defective building works.
The Australian Taxation Office (ATO) has recently been cracking down on certain activities of Family Trusts, particularly in relation to certain arrangements for distributing income from the Trust to beneficiaries. Some of the activities that the ATO is examining closely are "gift back" arrangements. Andre Ong explains.
In a lease, security deposits are funds provided by a Tenant (in one transaction or multiple transactions) and held by the Landlord or Landlord's agent, as security for performance of a number of Tenant obligations pursuant to the lease e.g. in the event the Tenant fails to pay rent or fails to comply with their "make good" obligations upon vacating the property, then the security deposit covers part of the loss a Landlord may suffer.
Over the past few years, there have been conflicting views on whether a Landlord or a Tenant was responsible for the expense of essential safety measures ('ESM') in rented premises. Landlords contended that the Tenant should reimburse or pay these costs as an outgoing like any other. On the other hand, Tenants contended that the Building Regulations made it a Landlord's responsibility to ensure that premises were ESM compliant at the Landlord's expense.
