COVID-19 Update: Rent relief for commercial tenancies

By Allison Wood

On 7 April 2020, the National Cabinet released a Code of Conduct for Commercial Tenancies (“Code”). The Code applies to all tenancies that are suffering financial stress or hardship as a result of the COVID-19 pandemic where the tenant is an eligible business for the Commonwealth Government’s JobKeeper programme, with an annual turnover of up

COVID-19 Update: Understanding the JobKeeper wage subsidy

By Leonie Kyriacou

The JobKeeper wage subsidy is here. Employers and employees have a range of new rights and obligations under the legislation.

Board Meeting Flexibility

By Bruce Gotterson

The Registered Clubs Act requires boards to hold a meeting each month. Given the present circumstances, there may be directors who are unwilling or unable to attend board meetings at the club. How can technology to overcome this issue?

COVID-19 update

By Ray Travers

Last updated: 26 March 2020 at 10:00 pm I know that over the last week you would have received many communications from different sources in relation to the current COVID-19 pandemic. The last thing I want to do at this time is to add further emails to your inbox. However, after reflection, I thought it

All you need to know about brand protection, but were afraid to ask…

By Daniel Fleming

Your business' brand and reputation is everything. When starting a new brand, registering trade mark can be an invaluable tool for protecting your goodwill, but registration alone may not be enough.

Lesson for landlords in retail lease appeal

By Daniel Fleming

Pigott Stinson acted for the successful applicant tenant in a recent decision by the NSW Court of Appeal confirming that it is possible for a landlord to be bound by a lease even though the tenant has not signed the agreement or even if no written agreement has been prepared.

Striking trouble under the Building and Construction Industry Security of Payment Act 1999 (NSW)

By Brent Wilson

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

By Matt Goodwin

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

By Daniel Fleming

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)?

By Daniel Fleming

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

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