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Casual employee classification has been subject of uncertainty for employers and has resulted in considerable litigation over the years where casual employees have claimed that they should receive entitlements as a permanent employee, particularly when the employee worked regular and predicable shifts over a long period of time. On 4 August 2021, the High Court of Australia handed down a landmark decision in WorkPac Pty [...]
The NSW government has introduced the Commercial Landlord Hardship Fund to provide grants to eligible small landlords of up to $3,000 per month for each retail or commercial tenancy. Who is eligible? Small commercial and retail landlords who: will suffer financial hardship if they reduce the rent to be paid by tenants financially impacted by COVID-19 in accordance with the Retail and Other Commercial Leases [...]
Taylah Airey (nee Stuart) has been appointed as Senior Associate We are extremely proud to announce that Taylah Airey has been appointed Senior Associate as of 1 September 2021. Taylah is a member of our Family and Criminal Division and assists in the conduct of criminal matters at Local and District Court levels including driving offences, drug matters and assaults. Taylah has experience with District [...]
As Lockdown continues and many tenants are forced to keep their doors closed, the NSW Government has updated its COVID-19 leasing laws and mandated rent relief for tenants. In 2020, when the pandemic first began, the NSW government instated the Retail and Other Commercial Leases (COVID-19) Regulation 2020 which allowed for rent relief negotiations proportionate to a tenant's turnover loss. However, this legislation ceased to [...]
During COVID we have seen various new companies coming to fruition. Some of these have been months in the making and others are being created overnight. It is very important that when creating these new companies you research and decide which business structure will suit you best. Understanding the legal obligations and issues that may arise when setting up a small business will ensure you [...]
The current Covid-19 climate and the restrictions in place across Greater Sydney and now Newcastle and the Hunter area, have made it difficult to grapple with what we can and cannot do in most aspects of our daily lives. If you have Court Orders, a Parenting Plan or an informal agreement as to parenting or care arrangements for children, knowing what is permitted under the [...]
Employers have the right to ask employees if they have been vaccinated against COVID-19 in order to try to maintain a workplace safe from infection. This does not mean that vaccinations can be mandated by an employer, noting that the Prime Minister has repeatedly confirmed that “the vaccination program in Australia is free and not mandatory”. In practice where employers are aware of the vaccination [...]
What does the most recent round of NSW and Commonwealth Regulations mean for me and my business? With almost daily changes to restrictions, rapidly introduced legislation, increases to police powers and an adapting workplace environment staying on top of your obligations to both clients and your employees can be difficult. To provide a calm and safe environment and avoid the significant penalties which can be [...]
The Real Property Amendment (Certificates of Title) Act 2021 will make significant changes to land holding in New South Wales. Under this Act, all paper Certificate of Title will be cancelled which will facilitate the electronic lodgement of all land transactions in New South Wales. Paper Certificates of Title will no longer have any legal effect from 11 October 2021. Instead of a paper [...]
On the 14th of July the New South Wales Government published the Retail and Other Commercial Leases (COVID-19) Regulation 2021. The primary objective of these new regulations is to restrict the rights of landlords under retail and other commercial leases to take action for a breach of lease by the tenant if the tenant has been 'impacted' by COVID-19. A tenant is "impacted" if they qualify [...]
