Cameron Spanner

Australian Law Reform Commission (ALRC) – Recommendations for Family Law System

The ALRC commenced an inquiry into the Family Law system on 27 September 2017. The Final Report was delivered on 31 March 2019. The primary recommendations of the ALRC were: 1. Closing the Jurisdictional Gap. The most significant recommendation is to abolish the Federal Family Courts, being the Family Court of Australia and family law …

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Franchising Update: Jump Swim School, The ACCC and Freezing Orders. What Now?

Introduction All Jump! Swim School franchisee need to be aware of the recent Federal Court decision involving the Jump! Swim School (Australian Competition and Consumer Commission v Campbell [2019] FCA 886 (7 June 2019)  at http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA//2019/886.html). Freezing Orders Justice O’Bryan has made orders freezing the assets of various entities involved in Jump! Swim School (called …

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Contractor or Employee? 

Companies often express a desire to engage workers as contractors, not employees. The economic benefits to any company in engaging contractors rather than employees can be substantial. Many companies, whether intentional or not, engage in ‘sham contracting’ or ‘disguised employment’ which is to engage a worker who is, for all intents and purposes, an employee …

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Should a parent have overnight time with young children?

It is a common question in most Family Law matters, whether a child should spend overnight time with the non-resident parent. Studies have been conducted trying to address three important practical questions: At what age and in what circumstances, is it appropriate for infants and very young children to stay overnight with the non-resident parent? …

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Franchising Update – Marketing Funds When the Franchisor Goes Bust

Introduction Most Franchise systems require a Franchisee to pay a variety of fees. In addition to the Initial Franchise Fee and on-going royalties it is usual for a Franchisee to be required to pay a Marketing Levy or Marketing Fee. The Marketing Levy varies from a fixed amount to a levy based upon a percentage …

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Building Disputes with Home Owners or Builders

Home Owners If you get into a building dispute with your Builder, prior to making an application in the NSW Civil and Administrative Tribunal (“NCAT”), you are required to attempt to resolve your dispute with the Builder through NSW Fair Trading. NSW Fair Trading (“Fair Trading”) will then attempt to mediate your dispute. The first …

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Are you lending money to a family member to purchase a property?

It is common for family members to enter into a Deed of Loan when lending money to a party purchasing a property. One of our recommendations to coincide with a Deed of Loan is that it should be secured. We recommend you do this by lodging a caveat over the to protect the lenders interest. …

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