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Do I Need A Directors ID?

Do I have to apply for a director ID? You will be required to apply for your own 15-digit director ID if you are a director or a person acting in the capacity as a director of the following bodies: a company; a registered Australian body; a registered foreign company;...

Surrogacy

Surrogacy – Is It An Option For You?   For many in a relationship, the prospect of having a child is often fraught with complexities, whether it be reproductive issues or same sex relationship. Conversely, those not in a relationship may wonder if they may...

Employed Or Independent Contractor

Employment vs Independent Contractor: the High Court decides The question of whether a worker is characterised as an independent contractor or an employee for the purposes of the Fair Work Act 2009 has significant consequences for employers, not least of which is...

Managing the Risks of Working in Heat

  Working in Heat As summer is approaching and it continues to get hotter, working in the heat becomes increasingly hazardous for Australian workers. When the human body is unable to maintain a constant temperature required to function, it can lead to overheating and...

How To Determine If An Employee Is Casual

WorkPac Pty Ltd v Rossato [2021] HCA 23   On 4 August 2021 the High Court handed down their landmark decision in WorkPac Pty Ltd v Rossato[1], stating that the main consideration in determining how to characterise whether an employee is casual or not, should be...

Time to Scrap the Annual Performance Review?

Is there a better way? Is it getting to the annual appraisal time of year again at your firm? If so, research shows that not only is the performance review seen as a huge ‘time stealer’ for the employer, but it can also be a time of high anxiety and negativity for the...

Your Funeral Wishes & Your Will

Does my Executor have to respect my funeral wishes? When you pass, it is generally up to your next of kin to initiate funeral arrangements. This is a highly emotional time and not having set plans and arrangements may lead to unwanted conflicts between already...

Preparing For Divorce

What you can do while you wait to apply for divorce Before you can apply to the Court for a divorce order, you and your partner must have been separated for 12 months. This, however, does not mean that you must simply sit around and wait out the 12-month period before...

More Flexibility For Commercial Leases

Why we are seeing an increase in flexibility for commercial leases? Whilst many of our clients and associates here in Adelaide, the coronavirus pandemic largely seems like a thing of the past, the changes to everyday life subsequent to the pandemic continue to flow....

South Australian Planning Code Reform

The South Australian government has just introduced its final stages of reform to the South Australian Planning Code (‘the code’) under the Planning, Development and Infrastructure Act 2016 (SA) on 19 March 2021.[1] As such, there have been some changes to disclosure...

Family Court & Federal Circuit Court Merger

What Does This Merger Mean?   Earlier this week the Government Bill that will see the Family Court of Australia merge with the Federal Circuit Court was passed through the Senate. Attorney-General Christian Porter has greeted the change, stating that it will...

How Do I Know If I Have A Contract?

Do I Have A Contract? There are many reasons for entering into a ‘contract’. You may enter into a contract for work, a contract of sale, building contracts or even a business agreement. Whatever type of contract you enter into, it should be set up to give each party...

How to Claim A Debt Through Court

Making A Claim In Debt Through Court Background  Have you loaned money to a friend or family member and they haven’t repaid you? Maybe you are a business and a client hasn’t paid you for the goods or services you have provided. If you are owed money and have been...

Wills & Estate Planning

Wills & estate Planning – A Brief Introduction   The COVID-19 pandemic has forced us all to think about what is most important to us. For most of us, this has included thinking about how our loved ones would be taken care of in the event of our death....

What Is A parenting Plan

What is a Parenting Plan and is it Legally Binding?   Going through a separation or divorce is an extremely stressful time, made even harder when you have to consider a child/children and the potential impact your separation will have on them. Developing some...

Justice Of The Peace Or Notary Public?

Is a Justice of the Peace and a Notary Public the same thing? What is a Justice of the Peace?  A Justice of the Peace (JP) is a person who is appointed by the Attorney-General’s Department to act as an independent and objective witness to documents used for official...

Post Covid-19 Property Settlements

 Property & Financial Settlements in the aftermath of COVID-19 In addition to the personal and social impact of COVID-19, the subsequent shut down of many businesses and accompanying social distancing requirements, it has also had a profound effect on the global...

Ruby Princess Injury Claims

Ruby Princess Coronavirus Personal Injury Claims If you or a family member has been affected by COVID-19 as a passenger on board the Ruby Princess, or through having come into contact with a passenger, you may have a claim to compensation. This could be for personal...

Contractual Obligations & COVID-19

Force Majeure – Frustration – Termination For our valued clients, colleagues and friends, I have put together a brief summary of your exposure in this COVID-19 landscape. It is expected that in the near future you, your customers and or your suppliers will...

New Commercial Leasing Code – Covid-19

COVID-19 // APRIL 2020 // COMMERCIAL LEASING PRINCIPLES    On 3 April 2020, the National Cabinet agreed to a set of principles (Code) for application to commercial tenancies (including retail, office and industrial) between owners/operators/other landlords and...

Remote Execution Of Wills

How Can A Will Be Executed Remotely? As the COVID-19 situation continues to impact our lives, it has forced all of us to reconsider how we do things in this new, socially distant, world. Today, we discuss how you can remotely execute a Will drafted by your lawyers....

Working From Home

Working from Home: Best Practice Tips With so many companies taking on board the Government’s directive to #StayHome and #StaySafe during COVID-19, the new reality impacting many employers is how to maintain the team spirit and work ethic, as well as lead and manage...

COVID-19 – Impact On Employers

COVID-19 – How Does it Impact Your Workforce and Workplace? In response to the recent pandemic, there are a number of government-driven measures (amongst more) that are being taken, which in turn affect employees and workplaces. These measures may impact on...

The Divorce Application Process

How do I know when to apply for a Divorce? There are a few steps that you need to consider before you can apply for a Divorce. STEP 1: Can the marriage be saved? It is imperative that you know what you are applying for when submitting an Application for Divorce. A...

Unfair Dismissal Claims For Casual Employees.

A Serious Win for Casual Employees and a Warning to Employers A new decision by the Fair Work Commission has opened the door for casual employees to bring unfair dismissal claims against their employers. A casual employee at retail giant Bed Bath N’ Table, who had...

Anti-Discrimination Laws And Vegetarianism

Food for thought Vegetarianism is the practice of not eating meat or fish, usually for moral, religious, or health reasons. Taking that one step further, veganism is the practice of not eating or using any animal products at all. But are these practices and the...

Can I Make A Personal Injury Claim?

How do I know if I should bring a personal injury claim? In order to bring a personal injury claim there needs to be a person or entity that is in some way responsible for your injuries. This is because without that person or entity there is no one to seek...

Can I Challenge My Parent’s Will?

My sibling received more of my parent’s inheritance than me. What can I do? In the emotional turmoil of your parents passing away, sorting out your parent’s estate is just another important task to add to the list of things to do. But what can you do if you’ve read...

Damages Awarded For Sexual Harrassment

An unprecedented sum: $130,000 in damages awarded for sexual harassment   In 2014 Ms Rebecca Richardson successfully appealed a decision of the Federal Court of Australia and gained an additional $112,000.00 in damages for her sexual harassment claim. The Case The...

Anti-Discrimination Laws And Vegetarianism

Food for Thought Vegetarianism is the practice of not eating meat or fish, usually for moral, religious, or health reasons. Taking that one step further, veganism is the practice of not eating or using any animal products at all. But are these practices and the...

What Happens When a Trust Company Becomes Insolvent?

What Happens When a Trust Company Becomes Insolvent? Recent High Court Decision The recent High Court decision of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth of Australia has provided clarity about what happens to trust assets in the event...

Employers Need To Be Vigilant

High Court Decision handed down in Comcare v Banerji The High Court of Australia has handed down its verdict in the matter of Comcare v Banerji. The case involved a Department of Immigration and Border Protection employee tweeting anonymously over 9,000 times about...

High Court Decision Comcare v Banerji

High Court Decision handed down in Comcare v Banerji [2019] HCA 23   The High Court of Australia has handed down its verdict in the matter of Comcare v Banerji. Read our previous blog here for a summary of the case. The High Court ultimately ruled that the APS...

Advanced Care Directives

What is an Advanced Care Directive? The Advanced Care Directive (ACD) is a legally binding document that enables you to have medical and other decisions made where you are unable to make those decisions. An ACD is useful in the event of a serious stroke, coma,...

De Facto Property Settlements

How do I know if I am in a de facto relationship? There can be some confusion on the issue of property rights and spousal maintenance in de facto relationships, and particularly on what actually qualifies as a de facto relationship. However, the law itself is...

Electronic Digital Signatures- Tips and Traps

What Are The Risks Of Going Completely Digital?  Pace Lawyers and Adelaide Legal has set itself the target of becoming a paperless office by 2020. Part of this transition involves adopting the use of electronic signatures (or e-signatures) as a means of authenticating...

Electronic and Digital Signatures: Tips and Traps

What Are The Inherent Risks Of Going Completely Digital? Pace Lawyers and Adelaide Legal has set itself the target of becoming a paperless office by 2020. Part of this transition involves adopting the use of electronic signatures (or e-signatures) as a means of...

Probate Applications

‘Paperless’ Probate Applications 2019 – Do I still need a Lawyer to Assist? Since 28 November 2018, the Courts Administration Authority of South Australia has transitioned probate registry lodgements to its CourtSA digital platform. But does a digital platform...

How Is Personal Leave Calculated?

The Way Personal Leave Is Calculated May Be About To Change Case Law Update: Mondelez Australia Pty Ltd v AMWU & others (VID 731/2018) A case currently before the Federal Court of Australia could potentially change the way that personal leave for employees is...

Retail & Commercial Leases Act – Case Study

Implications of Pastina Pty Ltd v Hosanna Excelsis One Universal Church Inc   A recent Supreme Court judgment involving Hosanna Excelsis One Universal Church Inc’s head office in Adelaide and its landlord, Pastina Pty Ltd could have wide reaching consequences for...
Derivative Action – Member Bringing an Action

Derivative Action – Member Bringing an Action

What is derivative action? Derivative action is generally an action brought by the company against a director for a breach of duty, but where a company cannot or does not bring that action, the court allows the members to bring the action on behalf of the company....

Vehicle Use For Work Purposes

Introduction Australian state and territory Work Health and Safety and Road Safety authorities, the National Heavy vehicle Regulator and other key stakeholders have collaborated to develop a single, cohesive Work Health and Safety guide. This Guide is for firms,...

Implications of Comcare v Banerji

The High Court of Australia is currently hearing a matter which could have wide reaching consequences for employers and employees in Australia. The matter raises the question of the extent to which an employer should be able to police an employee’s actions outside of...

Empathy and Family Law

Empathy and Family Law   Family Law is an area of personal law, as opposed to corporate or commercial law, and as such, is often adversely impacted by the emotional turmoil generally experienced during the breakdown of a relationship.  To help clients navigate...

Family Law Amendment – Domestic Violence

The Family Law Amendment (Family Violence and Other Measures) Bill 2018   On 1 September 2018 legislation came into effect that the government has promised will better protect vulnerable Australians experiencing family violence. The Family Law Amendment (Family...

Can I Divorce My Spouse if I Can’t Find Them?

Going through the process of divorce can be enough to give you a headache, but when your spouse goes “missing” it can become a real nightmare. This is especially true when you are busy trying to move on with your life, and you have no idea where your spouse has...

Directors Duties

The director’s duty to consider the company’s creditors Another thing for directors to worry about: is there a duty to creditors? Even when their company is doing well, directors have a lot on their plate. But things can quickly snowball when insolvency takes hold....
Can I Claim For Medical Negligence?

Can I Claim For Medical Negligence?

Am I entitled to make a medical negligence claim? If you have been injured as a result of incorrect medical advice or treatment, or due to negligent treatment from your medical provider, then you may be able to claim compensation for any losses you have incurred as a...
Are Casual Employees Really Casual?

Are Casual Employees Really Casual?

Are Your Casual Employees Really Casual? In this article, one of our employment lawyers illustrates the potential risk to employers who misunderstand the definition of a casual employee. Employment Contracts Vs The Legal Definition The case below illustrates what can...

Defamation.. What the.. ?

Defamation Meaning The publication of material that is harmful to another person’s reputation is defamation, meaning it is material that brings a person into contempt, disrepute or ridicule. When Is Something Defamatory? It will depend on the context in which the...

Personal Injury Compensation Entitlement

I have injured myself in a public place, am I entitled to compensation? If you have incurred an injury in a public place you may be entitled to compensation, however this will depend on the circumstances of your slip, trip or fall (the accident). Personal Injury &...

New GST Withholding Regime – Quick Facts

Earlier this year, GST laws were amended to require specified purchasers to withhold GST amounts from the sales price and remit that amount to the ATO.  We have compiled a list of the most important facts relevant to this change in the law. Q: From when will this law...

Bankruptcy Notices – Frequently Asked Questions

What is a bankruptcy notice? Bankruptcy notices are formal document issued by the Australian Financial Security Authority (the Official Receiver) on the application of a creditor who has obtained a judgment debt of at least $5,000.00 against a debtor (the person who...

The Importance of Security Terms

Establishing and operating a business is costly and time-consuming, so it’s no surprise that some areas of the business are neglected. All too often, we see businesses spending significant amounts on securing leases (with bank guarantees) and investing in expensive...

Restraint of Trade

Restraining future employment – when will it be appropriate to protect the legitimate interest of the employer? Restraint of trade clauses can be used to limit an ex-employee’s freedom to pass on company information or work for a competitor for a set period of...

What is Phoenix Activity and When is it Illegal?

Phoenix activity is when a new company is registered in order to take over the activities of an insolvent or unsuccessful company. This is where the term ‘phoenix’ comes from, like a phoenix rising from the ashes. Phoenixing can be legitimate. What is illegal when it...

Update on Unfair Contract Terms

Since we are now coming up on a year following the unfair contract provisions which came into effect on 12 November 2016, we thought this would be a good time to review the most significant changes we have seen so far. For our previous discussion on unfair contract...

Constitution or Replaceable Rules?

Since 1998 companies have been able to either adopt a constitution, the Replaceable Rules or a combination of the two. Replaceable Rules are “default rules” found in section 141 of the Corporations Act 2001 (Cth) (‘the Act’). They govern the powers of directors,...

Lease or Agreement to Lease?

Though they may appear to be the same thing at first glance, a lease and an agreement to lease are two separate documents with differing objectives; it is therefore important to be familiar with what their differences are. We provide a brief and simple breakdown of...

Oral and Lost Contracts and Trusts

Much like a contract, where if you can establish offer, acceptance, consideration and intention to create legal relations you can show a contract exists – with trusts, if you can establish intention to create a trust, what the trust property is and identify the...

In Your Lease – Don’ts

‘In Your Lease’ is an ongoing series where our resident lease experts offer their thoughts on common issues that arise when negotiating a lease or an extension to lease. This issue examines three common obligations found in Agreements to Lease and outlines...

Alternatives to Bankruptcy

There are some alternatives to bankruptcy. Proposing a debt agreement to your creditors is a means by which you may be able to avoid bankruptcy by compromising your debts. It is a binding agreement under Part IX of the Bankruptcy Act 1966 (Cth) (Act) where, if a...

Thinking of Purchasing a Franchise Overseas?

I recently had someone call and enquire about what they needed to do to purchase a franchise overseas. I advised them it was not as straight forward as they might think and that the overseas franchise market was very different to Australia. There were many issues to...

Is Your Contract Unfair?

Effective for contracts entered into, renewed (or specific terms varied) on or after 12 November 2016, the Competition and Consumer Act 2010 (Cth) (CCA) can be used by small businesses to avoid certain contractual terms that are ‘unfair’. Who benefits now? Small...

10 Reasons You Should See a Lawyer

It is understandable that some people may be apprehensive about seeing a lawyer. This could be due to fear of legal fees or the time it might take to finalise a matter. However, what prospective clients need to understand is that lawyers are crucially important and...

Lease Incentives

In today’s market, lessors want to retain lessees whose leases have expired or find new lessees to fill vacant premises. Lease incentives are being offered by lessors to current lessees to keep them in the premises they have been operating from or are trying to...

In Your Lease – Relocation and Redevelopment

‘In Your Lease’ is an ongoing series where our resident lease experts offer their thoughts on common issues that arise when negotiating a lease or an extension to lease. This issue looks at relocation and redevelopment clauses. 1.      What are...

5 Things to Look Out For When Purchasing a Franchise

So you’ve decided on purchasing a franchise? This can be profitable but it’s also a risky investment. Make sure you consider these five things before franchising. 1.  Resilient Business Model The franchisor does not have to have been in the marketplace for...

Responsibility for Content on Social Media

Many companies have now jumped on to the social media band wagon, taking advantage of the vast networking and advertising opportunities that sites such as Facebook, Twitter, LinkedIn, You Tube and Instagram  offer businesses. Whilst social media sites present...

5 Interesting Things about Leasing

 A franchise agreement can be caught by the Retail & Commercial Leases Act (“Act”) In order for an Agreement to be a “retail shop lease” it must: 1.1        Be “for value”- that is, the payment of rent or a fee is essential; 1.2        Grant or agree to grant a...

The Curse of Overzealous Employment Restraints

Employers find themselves confronted with numerous questions when members of staff resign or are dismissed from employment. Can those ex-employees work for competitors? Will they ‘poach’ clients? Will they lure existing staff into leaving? While employers feel...

The Franchising Code of Conduct is changing… again

In April 2014, the Federal Government released a draft version of the proposed new Franchising Code of Conduct [the Code]. These proposed amendments will take effect in January 2015, and based on the draft, are likely to include: The introduction of a general duty on...

Landlords may now charge land tax to the tenant

The Full Court of the Supreme Court has determined when a landlord of a retail shop lease can seek payment of land tax as an outgoing from a tenant. When the Retail and Commercial Leases Act 1995 (the Act) applies to a lease it exempts tenants from the payment of land...

Fighting for Time

On 13 December 2012, Magistrate Peter Snopek ruled in favour of Pace Lawyers & Adelaide Legal’s client (let’s call him “Andy”) granting him more time to make a claim for personal injuries resulting from a motor vehicle accident. Under South Australian law, a claim...

Age-based Discrimination in the Workplace

What acts reference age-based discrimination? Both the Equal Opportunity Act 1984 (SA) and the Age Discrimination Act 2004 (Cth) prevent employers from age-based discrimination. These Acts apply whether an employee or prospective employee is young or mature-aged. They...

Increased Personal Liability for Directors

Directors Personal Liability Historically, to attach personal liability to a director, the Commissioner had to issue a Director Penalty Notice (DPN) allowing 21 days for a director to take action to avoid personal liability, ie by making the company to pay the debt or...

Outsourcing and the Law

More and more employers in South Australia seem to be making the move and outsourcing parts of their business overseas. This may involve job losses, either by way of redundancy or by otherwise terminating the employment contract, or simply by affecting an employee’s...