Land tax threshold exemptions available for unit trusts In NSW, a fixed trust is eligible for land tax threshold exemptions if it satisfies the definition of "fixed trust" under the Land Tax Management Act 1956 ( Act), so that the beneficiaries of the trust are...
Business Interruption Insurance Dispute
In August 2020, we discussed a pending test case that considered whether insurers could deny liability for small business insurance claims amid the COVID-19 pandemic. The Court found in favour of small businesses, which has resulted in a large number of businesses...
Major Reforms to Foreign Investment and Security Laws now in Force
Australia introduced the Foreign Acquisitions and Takeovers Act 1975 (Cth) to regulate the acquisition of land and assets in Australia, by foreign persons or entities. It imposed reporting obligations on foreign persons and entities engaging in transactions, and...
Are wind farm turbines a fixture or a fitting? Christmas comes early for wind farm tenant in Victoria
Introduction Christmas has come early for a wind farm operator in Victoria with a recent decision in the Supreme Court of Victoria determining in their favor and adding to authority on how renewable energy infrastructure built on leased land (such as wind turbines) is...
Building Disputes – Don’t DIY
It's probably fair to say that you wouldn't ask your builder to give you legal advice (and you definitely wouldn’t ask us to build your house). However, we regularly see disputes between builders and home owners where both parties have failed to get legal advice at an...
Can I rely on a conversation I have recorded without someone else’s consent in my court case?
Most people would assume the answer to that question is a firm no (and usually they would be right), but a recent NSW Supreme Court decision in Rathswohl v Court [2020] NSWSC 14901 shows that in particular circumstances a recording can be relied on. The Facts...
When Loans Go Bad: Supreme Court sides with ANZ on Unconscionable Conduct Claim
Currently, due to the pandemic, there are a number of restrictions in place that make it impractical or undesirable for lenders to recover outstanding debts. These protections will expire in September 2020, which will place additional pressure on borrowers to meet...
AFCA test case to determine if exclusion clauses are effective amid COVID-19 business interruption claims
Introduction Many businesses are in the process of assessing how sustainable continued operations will be after the COVID-19 pandemic ends. With temporary protections under the Corporations Act, such as changes to the insolvency rules, coming to an end on 25 September...
Non-disclosure by an insured does not always mean the insurer can avoid liability for a claim
A potential insured has a responsibility to disclose all information that is needed for an accurate risk assessment by an insurer, at the time of entering into a policy. Failure to disclose relevant information may entitle the insurer to avoid liability for a claim....
The COVIDSafe app – Recent changes to the law and your privacy
Privacy concerns have plagued the introduction of the COVIDSafe app (App). In response, strict privacy protections for users of the App have now been enshrined in law via The Privacy Amendment (Public Health Contract Information) Act 2020 (the Act) which introduces...
Things to consider when signing up to and claiming travel insurance
The closure of both domestic and international borders has lead to many travellers attempting to claim their travel insurance. With the recent deluge of claims bringing travel insurance into focus, we would like to discuss some of the key clauses that you need to be...
Commercial & Residential Tenancies
Commercial Tenancies On 7 April 2020 the National Cabinet announced a new Code of Conduct (“Code”) to be legislated by the State and Territory governments in an effort to relieve pressure on retail, commercial and industrial tenants during the Coronavirus (“COVID-19”)...