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
What are the odds of a problem with increasing your gaming revenue?
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
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
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
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
Adjudications under the Security of Payment scheme – good faith or bad faith?
A recent decision of the NSW Court of Appeal has once again highlighted the difficulties faced by parties seeking to overturn determinations made by adjudicators under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Security of Payment Act”) by way of judicial review. This follows the decision of the High Court of
Thinking of (one day) selling your commercial property?
If you own commercial property in New South Wales and are thinking about selling, there are various legal matters that you must properly address to make sure that the transaction is not delayed or derailed. A potential purchaser of a commercial property will usually do some form of due diligence. At a bare minimum this
Is your club prepared for a data breach?
With Facebook, Cambridge Analytica and the Australian Government’s My Health Record dominating headlines throughout 2018, one could be forgiven for thinking that issues of data security are reserved exclusively for Government and multi-national organisations. However, recent amendments to the Privacy Act 1988 (Act) have placed a range of new obligations on entities bound by the