Will the Small Business Insolvency Law Reforms really protect Company Directors?

Will the Small Business Insolvency Law Reforms really protect Company Directors? Upcoming changes to insolvency laws could have a significant impact on companies that have faced challenging circumstances during the COVID-19 pandemic. Temporary protections from claims of insolvent trading that were put in place to assist businesses during COVID–19 are coming to an end on … Read more

Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly. On 1 September 2020 the NSW Government released the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”) which, among other things, will drastically change the way residential builders and … Read more

Deadline to Amend Discretionary Trusts to Avoid Surcharge Duty and Tax

Deadline to Amend Discretionary Trusts to Avoid Surcharge Duty and Tax In 2019, the NSW Government proposed various changes to duty and land tax law in NSW which came into effect on 24 June 2020, known as The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”). The Act has significant implications for discretionary … Read more

High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure

High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure In a defining industrial law matter, the High Court of Australia has quashed arguments that personal leave is calculated based upon the number of hours a worker does per day when accruing leave under the National Employment Standard & Fair Work Act 2009. … Read more

Apartment Building Completion Notices & Audits

Apartment Building Completion Notices & Audits If you build Class 2 buildings you need to be across this. The Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020 (the Act) Commenced 1 September 2020. The Act requires that a builder or developer of a Class 2 building (apartment building), or a building with a Class … Read more

Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply.

Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply. When a builder carries out residential building work, their work is covered by the statutory warranties which apply under the Home Building Act. The warranties include: that the … Read more

New WHS Regulations

New WHS Regulations The NSW Government has, as part of its review and update of state WHS laws (see https://robertslegal.com.au/nsw-health-and-safety-act-amendments-passed/), introduced new regulations dovetailing into recent changes in the Work Health & Safety Act (NSW) 2011 that all business should consider and ensure that they are compliant with. The Work Health & Safety Amendment (Miscellaneous) … Read more

Significant WHS penalties for local Newcastle business

Significant WHS penalties for local Newcastle business A local Newcastle company, Landmark Roofing Pty Limited, have been fined $400,000.00 over the death of an inexperienced worker in the NSW District Court by Judge David Russell on 7 August 2020. Judge Russell found Landmark guilty of breaching sections 19 and 32 of the Work Health and Safety … Read more

Property Owners given 10 years to Claim for Financial Loss caused by Defects

Property Owners given 10 years to Claim for Financial Loss caused by Defects A Builder’s Liability Under the Design and Building Practitioners Act 2020. Introduction On 10 June 2020 the Design and Building Practitioners Act 2020 (NSW) (“DBPA”) took effect. The Act contains a number of key changes, including the primary focus of this article … Read more

Changes to landholder duty on the transfer of shares

Changes to landholder duty on the transfer of shares In NSW, you may be liable for ‘landholder duty’ when you acquire shares in a company or units in a trust that owns land (“a landholder”) with a threshold value of $2 million or more. The liability arises when you acquire a significant interest in a … Read more