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Edition 27:
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Kells helps fight ovarian cancer show synopsisKells The Lawyers is hoping to hit the $100,000 mark this year in its annual Christmas in July Ladies lunch to raise funds for the fight against ovarian cancer More big workplace changes ahead show synopsisThe first raft of changes to industrial relations law has already been passed by the new Federal Government, but there are further substantial changes ahead. Back from the grave! show synopsisKells succeeds in having a company in liquidation put back on the ASIC register to allow our client to make a negligence claim. Notification of DAs on adjoining land show synopsisThere is a development going on next door, but you did not receive notice from council … what happens next? Kells helps clients with their wills show synopsisWe are in the process of helping thousands of clients update their wills. Does your will need updating? Edition 26: View edition Computers Seized as Evidence show synopsisForget the delete key, computer secrets can be unlocked. Case Report – A Writ Stops Transfer of a Property show synopsisTwo hours before settlement a writ is registered on title and stops things in their tracks! WorkChoices? What Next? show synopsisA brief summary of what to expect in the post-election industrial relations environment. Liquor Law Reforms in NSW show synopsisSimplification of the rules and harm minimisation are behind these changes to the law. Edition 25: View edition Kells Wins Landmark Litigation show synopsisSome 13 years from the date he received instructions Kells partner, Mario Quintiliani, talks about Rufo v Hoskin and how this case changed the law. Workplace Relations Fact Sheet show synopsisThe Australian Government requires employers to distribute workplace relations fact sheets to their employees – both old and new. That Tree was here First! show synopsisA recent matter has clarified who has responsibility for removing a tree on adjoining land. ‘Slip Rule’ Helps Client Increase Damages show synopsisFour years after judgment a client seeks increased compensation in a building dispute. Edition 24: View edition Reduced Deposits: Practical Consequences for Vendors show synopsisGuidance for vendors involved in a transaction where the purchaser requests a reduced deposit. Update: Abolition of Mortgage Duty in NSW show synopsisAs part of the 2007/2008 NSW State Budget, the NSW Government has announced it will be bringing forward the date for abolition of stamp duty on mortgages. Leasing Strata Titled Premises show synopsisA few hints and tips to help you understand your rights and obligations. In the News: Calderbank Offers in Litigation show synopsisThe high-profile loss for the Seven Network in the C7 case is a timely reminder that parties involved in litigation should try to obtain a ‘cost advantage’. Edition 23: View edition Kells Defends JV Partner show synopsisBreak-ups happen! Review your contracts now to minimise the risk of costly and time-consuming litigation later. Further Workplace Relations Changes show synopsisHere we go again! Keep up and read about the latest changes to the Workplace Relations Act. Insurance Protection for Company Directors & Officers show synopsisSleeping soundly? Confident your insurance has you covered? Make sure you understand the terms and exclusions in your insurance contract. Do Not Call Register – Now Open! show synopsisDial with care! Effective 31 May 2007, any business which calls a number on the Do Not Call Register could face penalties. Edition 22: View edition Selling a Business? show synopsisThere are many factors to consider, so follow these steps before you put your business on the market. Kells Challenges CTTT and Wins show synopsisLitigation team shows CTTT did not have jurisdiction to hear an application by a debtor under the Consumer Credit Code. Industrial Action in the Post-WorkChoices Environment show synopsisJudging by the results of 38 applications for protected industrial action, restrictions imposed by WorkChoices are being overcome by unions. Mobile Phone Towers: Forget Council Approval! show synopsisThey are popping up everywhere … without the need for local council approval. Edition 21: View edition Tree Legislation Introduced this Month show synopsisNew legislation, effective February 2007, dramatically changes the law relating to tree disputes and imposes new obligations on people selling their property. Actions for a Successful Negotiation show synopsisA simple framework to guide you through the process of negotiation. Buying a Business? show synopsisPurchasing a business is a major transaction with many factors to consider so look before you leap following these steps. Warning: Counterfeit Certificates of Title Intercepted show synopsisLPI Sydney has recently identified counterfeit certificates of title lodged with mortgage documentation. Edition 20: View edition Make-Good Obligations in a Lease – Pay Attention! show synopsisTenants who do not fully understand the implications of make-good obligations in their lease agreements can be vulnerable to landlords. The WorkChoices Changes: A Comprehensive Summary show synopsisThe last 18 months or so have seen some of the most momentous changes in Australian industrial law. Tips to Avoid Christmas Party Problems show synopsisFollow these tips to make sure your party is remembered for the right reasons! Supplier Penalised for Resale Price Maintenance show synopsisA timely reminder at this consumer-focused time of the year that suppliers are not able to force goods to be promoted or sold above a particular price. Edition 19: October 2006 View edition Beware the Boot and Protect your Loot! show synopsisA recent decision to keep the trademark ‘Ugg’ on the register for footwear is a timely reminder of the importance of protecting intellectual property. Settlement of Lease Disputes show synopsisSettlement of disputes does not always have to be done through the courts – mediation is a viable option – but get the right mediation clause! In the News: WorkChoices – The High Court Challenge show synopsisBy the end of this year the High Court will hand down its decision. Asset Transfers to Defeat Creditors show synopsisWhen a person transfers property to another with the main purpose of avoiding liability to creditors, the transfer can be declared void. Edition 18: View edition Buying Property Secretly show synopsisUsing a Bare Trust, it is possible to buy property secretly! When is a POPE not a POPE? show synopsisApproval requirements for places of public entertainment. Retail Leases – What Landlords Need to Know show synopsisIf you are the landlord of a retail shop, Retail Leases Act 1994 requires ongoing monitoring even once the lease is signed and registered. Is It Really a Reduced Deposit? show synopsisA recent decision of the NSW Court of Appeal highlighted the important distinction between 'deposits' and 'penalties' in conveyancing practice. Franchising Code of Conduct up for Review show synopsisConcerns regarding the adequacy of the disclosures section of the mandatory Franchising Code of Conduct has prompted a review. Edition 17: View edition Business Structures – Helping you Look before you Leap! show synopsisSelecting a business structure has long-term implications – what seems appropriate now may not be in the future and then may be expensive, difficult or even impossible to change. Check the Details in Trust Deeds show synopsisFor flexibility, asset protection and income splitting potential, a discretionary trust is almost always the structure of choice for small and medium businesses. In the News: Smoke Alarms show synopsisFrom 1 May 2006, all NSW residents must have at least one working smoke alarm installed on each level of their home. Legal Compliance and your Website – Part II show synopsisIn this edition, we take a look at privacy laws and the enforceability of on-line contracts. Edition 16: View edition Company Tax - Are You in the ATO's Sight? show synopsisAs the end of the financial year looms closer, here is a timely reminder about personal liability obligations for company tax. Good Faith by Licensors show synopsisStrict adherence to the terms in a contract may not be enough … licensors must also act in ‘good faith’. Legal Compliance and your Website – Part 1 show synopsisTo manage risk, your website must comply with The Consumer Credit Code, ASIC policies and defamation law. Employee Record Keeping Under WorkChoices show synopsisObligations on employers are to be amended and lower income workers are to be protected. Edition 15: February 2006 View edition Brothels: Location, Location, Location! show synopsisLive or work near a brothel? Check out what the Land and Environment Court considers as acceptable for the location of brothels. ‘Pie In The Sky’ Awards (The PITS) show synopsisIf it sounds too good to be true … then it probably is! Each year, ASIC identifies the most outrageous financial schemes as part of its PITS awards. WorkChoices – The Story Continues show synopsisThese changes have been described as the most radical modifications to employment law in Australia since 1904. Reviewed your Will Lately? show synopsisAt Kells we recommend you review your will every three to five years to make sure it reflects your wishes and your current situation. Edition 14: View edition Need to Know: Workplace Surveillance Act 2005 show synopsisThe NSW Workplace Surveillance Act 2005 commenced on 7 October 2005. Is your organisation compliant? Pleading Guilty to a Breach of the OH&S Act show synopsisBy knowing the factors considered when determining a penalty, organisations can act now - before a breach - to ensure the penalty is mitigated as far as possible. Update! Retail Leases Amendment Act 2005 show synopsisAmendments to the Retail Leases Act commence on 1 January 2006. The Act generally covers retail shops of less than 1,000 square metres. Euthanasia, Appropriate Treatment & Advanced Care Directives show synopsisWhile it may not be the happiest of topics for this time of the year, euthanasia is an important issue for every adult to consider. Edition 13: View edition Workplace Deaths Now an Offence show synopsisThe 2005 Act creates a new offence for those persons whose conduct "causes the death of a person to whom a duty is owed under the OH&S Act". Leasing? Get Advice show synopsisThe decisions you make regarding your lease will be among the most significant commercial and financial decisions you will make in business. Protecting a ‘Business System’ show synopsisA business system can only be the subject of a patent if the system satisfies the criteria applied to all inventions and if technology implements the system. Contractors Must be Paid! show synopsisProperty developers are under strict obligations to pay contractors … and contracts which attempt to restrict this requirement will be considered void. Edition 12: View edition Confidentiality Agreement & Copyright Saves Woolworths show synopsisIn a recent case, Woolworths Limited brought action against the unauthorised use of confidential information by one of its directors. Correct Use of ACNs and ABNs show synopsisWhen should you use a company’s ACN or ABN? Here are a few practical pointers. ATO’s Data Matching Program show synopsisInformation is electronically matched with certain sections of the ATO’s data holdings to identify non-compliance with CGT, income tax and GST obligations. Due Diligence: What is all the Fuss About? show synopsisSurprisingly, weak due diligence is rife in the corporate landscape. The financial implications of this oversight should not be underestimated. Edition 11: June 2005 View edition Redundancy Issues and Parental Leave show synopsisEmployers be careful: some employees returning from parental leave have successfully claimed discrimination, unfair dismissal or constructive dismissal. Who Really Owns your Company's Copyright Work? show synopsisYour company may have recently engaged the services of a third party graphic designer, to design the company logo. Many would assume the copyright of the company logo rightly belongs to the company. Nothing could be further from the truth! Changes to the Way Planning Authorities Levy Developers show synopsisProposed amendments to the NSW Environmental Planning and Assessment Act 1979 will improve the way developers can negotiate with planning authorities. Tax Savings for Retiring Small Business Owners show synopsisIf you are a retiring small business owner you may be entitled to disregard some or all of your capital gains. Edition 10: View edition In the News: Substantial Changes to Super show synopsisPractical steps for both employers and employees to take before the changes to superannuation legislation come into effect on 1 July. Telco Towers … Landowners Take Care! show synopsisBefore leasing your property to a telecommunications carrier, make sure the lease includes obligations to protect human health and property. Business Succession Planning: Four Things You Must Know show synopsisOn 30 April, commercial law partner, Paul Kean, gave a presentation at a business succession planning seminar. These are his top-four tips! Exclusion Clauses - You Can Run, but You Can’t Hide! show synopsisYou see them everywhere … from mobile phone to delivery service contracts, exclusion of liability clauses are a part of consumer and commercial contracts. Edition 9: February 2005 View edition You can Buy a View, but you can’t Own One! show synopsisSo, how does the Land and Environment Court deal with view loss in the development assessment process? Proactive Advice Keeps Family Business Nice! show synopsisUsing a lawyer proactively is a critical element of any family-owned business risk management strategy … where failures can shatter family ties as well as their bottom lines. Abolishment of the Land Tax Free Threshold show synopsisFrom 1 January 2005, changes to land tax in NSW take effect, including the removal of the land tax threshold and the introduction of a progressive tax scale. Independent Contractor or Employee? show synopsisAlthough there are many straightforward situations, the distinction between an independent contractor and employee is not always clear. Edition 8: December 2004 View edition Read the Fine Print! show synopsisA recent High Court case involving pharmaceutical company, Alphapharm and logistics provider, Finemores, reminds us to pay close attention to all details in a contract. OH&S Liability of Directors and Managers of Corporations show synopsisA worker is injured when an awning falls during a demolition … and the director as well as the corporation, are prosecuted. Mezzanine Financing: An Alternative for Some show synopsisWhen the banks say no, it might be time to source funding from a mezzanine financier. Unconscionable Conduct in Consumer Transactions show synopsisGiven the increase in consumer spending at this time of the year, it is timely to ask how are your customers being treated? Edition 7: October 2004 View edition Tips for Preparing and Lodging a Development Application show synopsisThese handy hints will save you time and money and minimise potential frustration. Options to Renew in Commercial Leases show synopsisBe warned, renewing a commercial lease may not be as clear-cut as you imagined! Unconscionable Conduct - Commercial Transactions show synopsisBig and small players alike risk prosecution under Section 51AC of the Trade Practices Act. In the News: Internet Porn ... Implications for Business show synopsisA timely reminder to ensure your business has an effective email and internet policy. Edition 6: August 2004 View edition Read The Contract! show synopsisA recent client matter illustrates – once again – the value of making sure contracts are drafted and interpreted by lawyers who specialise in commercial law. Proposed Changes to Retail Leases Act show synopsisLandlords who own retail premises may become liable for lease preparation expenses. In the News - Asbestos show synopsisThe current media coverage of James Hardie might have you thinking … ‘what does all this mean for me?’ Abolition of Annual Returns for Companies show synopsisIn a bid to reduce the compliance burden on small companies, ASIC has changed its reporting requirements. Edition 5: June 2004 View edition Terminating The Employee From Hell? It’s Not That Easy! show synopsisDespite several warnings from his supervisor, our client’s employee refused to adhere to company policy regarding equipment usage. As a result of his continued insubordination he was sacked without notice. Enter the Union representative and the Industrial Relations Commission. Imitation - The Sincerest Form of Flattery? Forget it! show synopsisYou have valued and insured your plant and equipment … but what about your intangible business assets? Take steps to protect them from your competitors. Occupational Health and Safety ... Who is Responsible? show synopsisDon't panic, but directors and managers can be prosecuted, even if no proceedings are taken against the company itself! Leasing Tip: Correspondence Counts! show synopsisProving the pen is mightier than the sword, a recent decision in the Supreme Court illustrates how written correspondence between a prospective lessee, the lessor and the agent can create a valid and enforceable lease. Edition 4: April 2004 View edition Stop Press: Property Tax Changes in NSW show synopsisBob Carr's property-centric mini-budget has implications for first-home buyers and investors alike! Restraint of Trade Clauses ... Are You Protected? show synopsisThe switchboards of law firms are full of people questioning the validity of their restraint of trade clauses. The correct drafting of these clauses is critical! Beware! Is the Franchise Code Applicable to You? show synopsisThe Australian Competition and Consumer Commission (ACCC) is cracking down on businesses which refute their franchise status and the penalties are tough. Buying a Business Without Paying GST show synopsisDo not assume you must pay GST when you buy a ‘going concern’. There are times when the purchase will be GST free! Edition 3: February 2004 View edition Stamp Duties Trap for Land-Rich Companies show synopsisIf your company is defined as ‘land-rich’ beware! Recent changes to the NSW Duties Act makes transferring shares and units more costly than ever. Corporate Governance & Small Business show synopsisEven small business operators will find it useful to consider the ASX guidelines to corporate governance. Keep Your Premises Separate From Your Business show synopsisA timely tip for people who seek to own the premises from which they run their business. Intra-Group Transactions Now Tax Exempt show synopsisGood news for corporate groups. Some transactions are now duty free! Edition 2: December 2003 View edition Verbal Partnership Agreements show synopsisWorth more than the paper they’re written on....but not much more! Wham, Bam, it’s Time to Ban Spam! show synopsis‘Opt-out’ functionality and full disclosure are just two of the ways The Spam Act 2003 will impact the way you send emails. OH&S Act Transition Period Expires show synopsisSmall business owners must now comply with the Occupational Health & Safety Act. Do you? Relief Against Evictions show synopsisBeing evicted from business premises is not only unpleasant and inconvenient, it can be an unmitigated financial disaster. Edition 1: October 2003 View edition Free Fit-Out? No Such Luck show synopsisJust like the proverbial free lunch, the free fit-out offered as part of your lease may have plenty of strings attached. Make Your Assets Tangible to Protect and Manage Them show synopsisSuccessful businesses around the world are implementing strategies to protect their intellectual property. In best-practice organisations, these documents are an integrated component of their formal business plans. Here’s an approach to get you started. Saving Tax … From the Other Side! show synopsisWhile death and taxes may be unavoidable, there is a way to minimise the tax your beneficiaries will pay on income derived from assets left to them: you can set up a Testamentary Discretionary Trust. Practical Tips for Avoiding Unfair Dismissal Claims show synopsisCommon sense and a methodical approach can reduce the incidence of Unfair Dismissal claims against your business. |
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The contents of The Kells Report are general in nature. We accept no responsibility to persons acting on the information without first consulting us.
Liability limited by a scheme approved under Professional Standards Legislation. |