Disclaimer of leases – when insolvency and futsal collide

By Daniel Fleming

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

By Ray Travers

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

By Allison Wood

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?

By Daniel Fleming

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?

By Bruce Gotterson

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?

By Bruce Gotterson

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?

By Daniel Fleming

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

By Brent Wilson

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

What are the odds of a problem with increasing your gaming revenue?

By Matt Goodwin

It is January already and Christmas now seems a distant memory. Last year was a particularly busy one for Pigott Stinson with a number of clubs developing land into retirement villages, childcares and even breweries. A key motivator for many of the projects we worked on was a desire by clubs not to be solely

Club managers more likely to face personal liability under three strikes regime

By Matt Goodwin

Key Points The 3 strikes regime has changed. For a club to receive a strike the CEO personally must be charged with the prescribed offence. Licensing Police are now more likely to charge CEOs personally. CEOs should review the Club’s policies and procedures. CEOs should seek urgent legal advice if they or the Club receive

Legal update: casual employees

By Nigel Salmons

There have recently been two important changes to the law regarding casual employees: casual conversion – the right for certain casual employees to request that their casual employment be converted to permanent employment; and “deemed” permanency – a return to the traditional view of the Courts that a casual employee will be “deemed” permanent in certain

Plugging the leak – dealing with data breaches

By Leonie Kyriacou

Summary The “Notifiable Data Breaches” scheme requires a range of businesses to notify individuals and the Office of the Australian Information Commissioner when certain data breaches occur. Fines for failing to comply with the NDB Scheme are up to $2.1 million. Businesses can minimise their potential liability by implementing a Data Breach Response Plan, ensuring