My land is subject to a perpetual lease – what does it mean?
Perpetual leases are a form of land holding in New South Wales which originated under the complex system of tenures over Crown land created by statute. Perpetual leases can no longer be issued except in the Western Division of the state, which lies west of a line from the Queensland border at Mungindi to Balranald
Disciplinary proceedings: the importance of getting it right
From time to time, members will engage in unsatisfactory behaviour which will result in the club having to commence disciplinary proceedings against the offending members. The question facing club boards and managers in these circumstances is this: how does the club give effect to disciplining a member and ensure any proceedings are both binding and
The importance of a power of attorney
Many people often overlook the need for making a power of attorney, believing it can wait until they become unwell or reach “a certain age”. However, circumstances can change unexpectedly and so a power of attorney should be made as part of your estate planning documentation (no matter your age or health condition) to ensure
Under the weather: when is illness a defence to a director penalty notice?
This is the second instalment in a series of articles examining director penalty notices issued under the Taxation Administration Act 1953 (Cth). If you missed the first instalment, you can find that article here. So, you have received a director penalty notice (DPN). If the DPN is a “non-lockdown” DPN, you can avoid incurring personal
A warning for company directors – co-founder of bubble-tea company found liable for non-compliance with workplace legislation
Company directors beware – a decision of the Federal Circuit and Family Court of Australia has found that the managing director of Chatime, a popular bubble-tea chain in Australia, was liable for underpayments to employees despite his claim that he had no knowledge of any breaches of workplace legislation. Background The Fair Work Ombudsman brought
Hiding in plain sight: How to make the most of your club’s unused outdoor area
It is a question facing many clubs as we approach the warmer months – how to derive the greatest benefit for the club and its members from an underused outdoor area? It has been increasingly common to see clubs develop an unused outdoor area into an inviting, lively alfresco hospitality space. A common example is
UPDATE: Changes for first home buyers from 1 July 2023
From 1 July 2023, the NSW government abolished First Home Buyer Choice (the option for certain purchasers to choose between paying transfer duty or an annual property tax on their purchase). Purchasers who exchanged contracts before 30 June 2023 have until settlement of their transaction to choose between property tax and transfer duty on their
I’ve received a director penalty notice – What should I do?
The last 12 months have seen a significant increase in the number of penalty notices issued to directors of companies that have failed to meet their tax and superannuation obligations. Although the ATO adopted a lenient approach to the recovery of outstanding tax and superannuation debts throughout 2020 and 2021, placing most debt recovery action
Lessons arising from Debus v Condor Energy Services Limited (No 2)  FedCFamC2G 465 (1 June 2023)
Costs orders in employment litigation and the duty to disclose medical conditions which may impact safety A recent case involving an accountant terminated for misconduct gives rise to important lessons for employers and employees. Wayne Debus was employed as an assistant accountant at Condor Energy Services (Former Employer) on a probationary basis starting in July
A look at the First Home Buyer Choice Scheme – Is it a better alternative to paying stamp duty?
The NSW government has introduced the First Home Buyer Choice scheme (FHBC Scheme) which allows first home buyers to choose between paying an upfront transfer (stamp) duty or an annual property tax. This scheme applies to new or existing homes in New South Wales up to $1.5 million or vacant land on which you intend
Should your CEO have greater powers to discipline members?
Most (if not all) club constitutions will only allow clubs to discipline members who engage in unacceptable conduct (such as conduct which is unbecoming of a member or prejudicial to the interests of the club) by conducting disciplinary proceedings against those members. What are common issues with disciplinary proceedings? We have assisted many clubs with
A new threshold test for defamation claims: the “serious harm” element
A new threshold test for defamation claims: the “serious harm” element Plaintiffs seeking to bring a claim for defamation in New South Wales are now required to meet a new threshold test: the “serious harm” element. The “serious harm” element was introduced in New South Wales through the Defamation Amendment Act 2020 (NSW), which amends