Striking trouble under the Building and Construction Industry Security of Payment Act 1999 (NSW)
Provisions under the Building and Construction Security of Payment Act 1999 provide participants in the commercial construction industry with the right to make regular 'payment claims'. A Club that fails to comply with a 'payment claim' runs the risk of being wound-up for insolvency. Clubs should ensure that they take all steps to mitigate this risk.
Reducing director liability
Directors play a crucial role in clubs across NSW. Merely by becoming a director of a registered club you are taking on risk. However, directors can manage and mitigate their exposure to risk by adopting a few simple, yet invaluable legal strategies.
Challenging a will
There are probably a few misconceptions out there about what it means to “contest a will”. When clients tell me they want to “contest” or “challenge" a will, it can mean a few different things, but in most cases, the phrase refers what is commonly known as a "family provision claim".
The peril of being a social club director: to admit, or not to admit (new members)?
Key points Even where club directors have a wide discretion to admit nor not admit membership applications, directors must exercise that discretion in good faith. A Court will not conduct a “merits review” of a board’s decision to admit or reject a membership application. A Club can be held to have engaged in oppressive conduct
Disclaimer of leases – when insolvency and futsal collide
A little while ago we posted about the risks of rushing to lodge a caveat when in fact there is no caveatable interest. It is possible however, for an interest that is caveatable at the time of lodgement to lose its status as an interest in land if the agreement underpinning the interest is disclaimed
Don’t shoot the messenger – liability for third party posts and comments
Any organisation that engages with a social media platform assumes the risk that comments made on that platform may result in liability under various laws, including the law of defamation. Your organisation can minimise its exposure by implementing policies and procedures to ensure that all comments posted to the organisation’s social media pages are reviewed
When there’s a will, there may not always be a way
Despite being one of the most important documents that you will ever prepare, careless drafting or simple errors can lead to your will being invalidated. Although you cannot completely eliminate the possibility of a dispute arising in relation to your will, a well drafted will can significantly reduce that likelihood. You should consider updating your
Charging clauses over director’s property in supply contracts – are they effective?
Quick overview Supply contracts that include director’s guarantees often contain “fine print” charging clauses that charge any land which the director owns as security for the director’s guarantee obligations. This allows the supplier to lodge a caveat over land owned by the director. Generally speaking, these clauses are legally effective. Guarantee and charging clauses in
Are your “Top Executives” on written employment agreements?
Last week we sent a Newsletter to clubs reminding secretaries and directors that they can be personally liable for a penalty of up to $11,000.00 if the club itself contravenes an “offence provision” of the Accountability Code. In response we have had a number of questions about the Accountability Code including a club’s obligations in
If an employee causes the Club to breach the Code are you personally liable?
There is an old riddle: “If a tree falls in the woods and no one hears it, does it make a noise?” A newer more relevant riddle is perhaps: “if an employee causes a club to breach an offence provision of the Registered Clubs Accountability Code and the club’s secretary and the board are unaware
To produce or not to produce?
Privacy issues may arise when an individual or organisation is issued with a notice to produce specified books under section 77A of the Bankruptcy Act 1966 (Cth). Failure to properly comply with section 77A notice can attract a prison sentence of up to twelve months. Care should be taken to ensure that personal information which
How to avoid third party funding issues delaying your commercial construction project
A builder has been selected, the Construction Contract has been negotiated and signed and all the relevant consents required to complete the construction project have been obtained. Both you and the builders are ready to commence work to meet your deadline. The only problem – the funding that you require to undertake your work from