News, Updates and information from and about Smokeball.
May 15, 2012 Leave a comment
The Federal Magistrates Court Rules have recently been amended to include a new requirement when parties are seeking that parenting orders be made by consent in Chambers. This is set out in Rule 13.04A. Read more of this post
May 3, 2012 Leave a comment
The recent decision in Sacks v Klein [2011] VSC 451 considered the well known distinction between joint tenancy and tenancy in common and the impact of the death of a co-owner. It confirmed that whilst co-owners may be registered as joint tenants (legal joint tenants) equity may nevertheless impose an equitable tenancy in common by way of a trust. Read more of this post
May 3, 2012 Leave a comment
Storytelling
Lawyers like to say the law is about stories, but I’m not so sure anymore. The last few contracts I drafted were lacking in narrative. In fact, my whole precedent collection is starting to look unoriginal. With clients shaping up to be characters as memorable as their ABNs, my law-story feels tired, like just another page of the Australian Encyclopedia of Forms and Precedents that hasn’t been updated since 1992.
So when my local library offered a free storytelling workshop called “sell me a Story”, I signed up straight away. Read more of this post
April 11, 2012 Leave a comment
A recent decision by the Victorian Court of Appeal confirms the willingness of courts to uphold reasonable post-employment restraints agreed to by employees of professional services firms. Read more of this post
April 5, 2012 Leave a comment
Much has been recently written about family violence and sexual abuse in connection with parenting matters in the Family Court and Federal Magistrates Court. Obviously, sexual abuse is included in the more general term of ‘family violence’ so where this paper refers to family violence alone it will usually include consideration of sexual abuse. Read more of this post
April 4, 2012 Leave a comment
Temporary residents and superannuation
By Daniel Butler (dbutler@dbalawyers.com.au) and Tina Conitsiotis (tconitsiotis@dbalawyers.com.au), DBA Lawyers
Introduction
The attraction that Australian offers as a safe, prosperous and lovely country to live is evident. As a result, in today’s global environment, more and more people from overseas are travelling to Australia as non-residents. Many of these people visit Australia on temporary resident visas. These people are likely to generate some savings in the Australian superannuation system, whether prior to their visit here or during their stay in Australia.
For non-residents who do not intend on visiting Australia, having savings in the Australian superannuation system generally poses little problem (provided the fund is not a self managed superannuation fund due how the residency requirements apply to small funds). However, for former, current and future temporary residents, the Australian superannuation system is generally not attractive and can be tax inefficient. The above is a result of changes to the legislation that occurred in late 2008.
This article focuses on how these new rules can result in substantial tax to temporary residents and what advisers need to be aware of to overcome these issues. Read more of this post
April 4, 2012 Leave a comment
Officeworks
Officeworks offers free how-to classes that are supposed to have you “confidentialy diving in” to “back-up”, “clear some clutter”, “work faster” and even “wrap presents of all shapes and sizes”. It’s meant to be “a fantastic way of getting together with like-minded people” who, like you, want to “make the most of your printer”. It makes CLE sound appealing. Read more of this post
March 8, 2012 Leave a comment
The few times I’ve been to Canberra, I’ve felt drawn to the Aboriginal Tent Embassy. Australians are an obedient lot and, once in a while, it’s nice to see some ‘un-Australian’ breaking of rules. Read more of this post
March 8, 2012 1 Comment
Land deposits must be held in trust pending settlement or prior release (s.24 Sale of Land Act). Vendors (and particularly their agents) often seek prior release pursuant to s.27 of the Act. A recent case has raised the possibility that release of the deposit may also have some unexpected consequences for the purchaser’s legal rights against the vendor. Read more of this post
March 8, 2012 Leave a comment
The Security of Payment Act is a unique beast in the legal landscape. It is the only set of legislation that creates statutory debts from non- judicial determinations.
Some would class the SOP Acts as an unprecedented assault on the doctrine of freedom of contract. Others might ask why should only builders get the benefit of an extra-judicial statutory debt creation regime. Whatever your view, the SOP Act has changed the entire landscape of the construction industry and people practicing in this area of the law need to understand it. Read more of this post
March 2, 2012 1 Comment
Readers will be aware that the government has announced that only the family law function of the Federal Magistrates’ Court is being merged into the Family Court. The Federal Magistrates’ Court will remain a separate Court for general Commonwealth Law purposes but not Family Law. Read more of this post
March 2, 2012 Leave a comment
Nexus Lawyers new publication Security of Payments is a practice guide that outlines the necessary steps to conduct payment claims and adjudications under the Building and Construction industry Security of Payments Act 1999 (NSW) (Act). Read more of this post
February 16, 2012 Leave a comment
A new collaboration between Russell Cocks, Michelle Lember and By Lawyers For Lawyers is 1001 Convyeancing Answers QLD. Designed to provide easy to find, short, sharp answers to common questions that arise in day to day conveyancing practice in QLD.
1001 Conveyancing Answers is a respected and trusted resource used by hundreds of Australian law firms as it provides practitioners with a complete suite of tools and comprehensive information to provide quick answers to resolve questions and areas of uncertainty in relation to conveyancing matters within Queensland.
View 1001 Conveyancing Answers QLD on Smokeball
February 15, 2012 Leave a comment
A new addition to our ‘Step-by-Step’ library is Leasing (SA), a practice guide and legal precedent forms covering the law in South Australia (SA) in relation to leases whether they be Retail, Industrial Commercial or Rural, Business.
By Lawyers for Lawyers are the author of the Leasing (SA) Step-by-Step Legal Practice Guide and Precedents
February 13, 2012 Leave a comment
The following Step-by-Step Legal Practice Guides and Precedents have been reviewed and updated this month:
