Greg's Blog
Maintenance of Legal Profession Standards NSW
It goes without saying that the maintenance of standards is a hallmark of the legal profession and its support of the Rule of Law. The NSW Supreme Court, in the recent decision of Green v Legal Profession Admission Board [2020] NSWSC 1655 reiterates that view in...
Relief Against Forfeiture Action Fails
Relief Against Forfeiture Action Fails
Do my terms of trade mean I need a Credit Licence?
Legislative requirements on whether an organisation or business is to be classed as a “credit provider” needing to have a licence under the Consumer Credit Code are complex. If an organisation or a small business operator supplies “credit”[1] in the course of the sale...
Get in quick to avoid NSW Land Tax Surcharge
If you use a discretionary trust, are a trustee of a discretionary trust or a beneficiary under a discretionary trust you are urged to check and/or seek advice as to whether the relevant trust requires amendment to avoid falling foul of the new surcharge provision.
School Fees – Credit Checks and Default Reports
In context of concerns historically raised which hinder “credit checks” (and noting that this note does not tell schools whether their operations attract “credit provider” and hence “credit reporting” provisions), there are options available for dealing with credit worthiness of school fee payers particularly for schools not able, willing or prepared to be involved in providing credit or credit reporting.
Wanting to leave Australia Despite COVID? When and Why You Can!
There is some flexibility under the Determination to apply for exemption to facilitate overseas travel.
“Exhaustion of IP Rights” An Australian Perspective
There is very little in Australian law which involve a strict application of the exhaustion of IP Rights doctrine, not uncommonly used in some places overseas
Director Identification Numbers (‘DIN’) – Sounding with Creditors – Will it Kill the Phoenix?
The legislation is intended to lessen corporate phoenix activity – the process of continuing business activity of a company that has been liquidated to avoid its debts. The DIN scheme increases accountability by making directors traceable.
ENFORCEABLE PROCUREMENT PROVISIONS DIRECTION 2019 – NSW – “CLAYTON’S” PROTECTION FOR SME’s?
This NSW provision hangs off the state “version” of the legislation the Commonwealth required New South Wales to enter into pursuant to the Trans-Pacific Partnership Agreement as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific...
Procurement (Enforceable Procurement Provisions) Direction 2019 – NSW
This NSW provision hangs off the state version of the legislation the Commonwealth required New South Wales to enter into pursuant to a free trade agreement with the USA and others. It is to do with, amongst other things, giving tenderers some recourse in the event of...