CML Lawyers

Two Strikes and You’re Out – Short Term Rental Code

Two Strikes and You’re Out – Short Term Rental Code The NSW Government has given property investors and their neighbours a special Christmas present.  From 18 December 2020 a new Code of Conduct applies in NSW to all short term letting.  Media attention has been on the tighter rules for unruly guests with “two strikes […]

When helping your kids get into the property market can backfire

When helping your kids get into the property market can backfire   Parents can contribute funds to help their children buy a home or investment. But what happens, years down the track, when the child leaves a marriage or de facto relationship?   Peter McNamara wrote previously about the case where the courts found that a daughter […]

First-Home Buyers, stamp duty relief and parental loans that become gifts

First-Home Buyers, stamp duty relief and parental loans that become gifts   From 1 August 2020, first-home buyers in NSW will save stamp duty of up to $31,355 for purchases of new homes up to $800,000 (up from $650K), with the saving phasing out at $1 million and for vacant land up to $400,000 (up […]

The Folau Saga: Contractual Obligations and Freedom of Religion

The Folau Saga: Contractual Obligations and Freedom of Religion Although Israel Folau recently reached a confidential settlement with Rugby Australia, the termination of Folau’s contract reinvigorated debate about religious freedom for employees and their contracts. Intuitively, perhaps, employers should only be able to restrict employees’ conduct within the workplace, whether that be an office or a rugby pitch. However, this […]

Your Intellectual Property rights were less protected from 13 September 2019!

Your Intellectual Property rights were less protected from 13 September 2019! Australian corporations might once have entered intellectual property license agreements and registered trademarks without being overly concerned with competition compliance. This relaxed attitude was supported by the Competition and Consumer Act 2010 (the CCA) that provided a “safe haven” for such transactions, at least […]

Work Safety

Work safety Employers can now subscribe to industry specific COVID-19 Safety Updates at the link here. Employers should direct those responsible to subscribe to the updates for their industry sector.   The initiative arises from the National Cabinet decision to develop nationally-consistent, industry-specific work health and safety (WHS) guidance on COVID-19 through Safe Work Australia, […]

Signing Formal Documents Remotely – New Rules

The COVID-19 Public Health Orders have seen many solicitors and Justices of the Peace working remotely. In response, the NSW Government has implemented the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) which came into effect on 22 April 2020 and is expected to terminate on 22 October 2020. The Regulation can be […]

Commercial Landlords COVID-19 Land Tax Concession and Deferral

The NSW Government has unveiled a $440 million land tax package to assist landlords and tenants as they deal with a downturn as a result of virus-related restrictions. If you are a Landlord with commercial premises read on 25% Land Tax Concession Landlords will be able to apply for a concession of up to 25 […]

Post-employment restraints not enforceable given employer repudiatory conduct

Employment lawyers are often faced with this complex legal question: do post-employment restraints survive termination if an employer breaches or repudiates a contract of employment? This issue was settled in a recent Victorian Supreme Court case that held that post-employment restraints do not survive the termination of an employment contract where an employer breaches or […]