Legal Updates and FAQs

Our experienced legal team here at Adams & Partners Lawyers has compiled a series of articles and Frequently Asked Questions that will answer a lot of your questions and help you to better understand your own rights and obligations.

If you have any further questions, or would like to speak to a lawyer about a particular legal problem, don't hesitate to send us your enquiry now. We would be happy to discuss any issue in more detail with you.

Could Social Media Could Effect The Outcome Of My Case?

It is now a social norm to post about your life and share your opinions and stories on social media platforms, particularly Facebook, Instagram and Twitter. Unfortunately, placing your life, ...
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2019 Drink and Drug Driving Laws

New laws (The Road Transport Legislation Amendment Bill 2018) now allow Police to issue an on the spot Licence suspension for up to three (3) months. The Police has discretion ...
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First Home Buyers – Things Western Sydney buyers need to know!

Are you purchasing a property for the first time? If the answer is yes, you may be entitled to apply for a concessional rate of stamp duty or even an ...
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Enduring Guardian vs Advanced Care Directive – What do I need?

At Adams & Partners, we pride ourselves on helping you plan for the future. One of the most common ways that we do this is by helping people like yourself ...
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E-conveyancing compulsory from the 1st July 2019

From 1 July 2019 all standard NSW property transactions are to settle electronically. This means if you are selling or purchasing a property and it settles after the 1 July ...
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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: ...
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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 ...
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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 ...
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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 ...
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Residential Building Appeals in NCAT

Introduction Appeals from a NCAT Decision involving Building disputes are normally dealt with by way of on internal appeal to the NCAT Appeal Panel; Appeals need to be filed within ...
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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 ...
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Criminal Sentencing 2019

In late 2018, the penalties able to be imposed by the Local Court of NSW changed. When a party pleads guilty to an offence, the Court has a number of ...
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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 ...
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International Surrogacy – Look before you leap!

International Surrogacy has once again been put in the media spotlight, after recent events, such as the arrest of multiple women in Cambodia on the charge of human trafficking and ...
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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 ...
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Ban on Cross Examination in Family Law Domestic Violence cases

The Family Law Act was recently changed. These changes were to ban personal cross-examination in family law proceedings involving allegations of family violence. This new legislation only applies in specific ...
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AfterYAY or AfterNAY for AfterPAY?

In recent years, Afterpay has taken Australian shoppers by storm. It is now easier than ever to get that outfit, book that flight or go on that adventure and pay ...
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Are your causal employees really casual?

WorkPac Pty Ltd v Skene [2018] FCAFC 131 What’s the case all about? A recent Full Federal Court (‘Court’) decision may have major implications for employers and labour hire companies ...
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Is my claim for a debt statute barred?

Contractual relationships govern most of our daily interactions and over the course of our lives most of us will enter into a contract either as an individual or business. In ...
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Complying with Family Law Orders

Have you recently been through a family law settlement in relation to children or property? Have you obtained property or children’s Orders from the Court? If so, it is important ...
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FAQs – Building Law 2019

At Adams & Partners Lawyers we have a specialist team of Building Lawyers that can assist you with any building matter whether as an Owner or Builder, including but not ...
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Do you know the latest in franchising? The Operation & Effectiveness of the Franchising Code of Conduct Report

The Operation & Effectiveness of the Franchising Code of Conduct Report Introduction The Parliamentary Joint Committee on Corporations and Financial Services has released their report entitled “The operation and effectiveness ...
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Land Tax Reminder – 31 March 2019!

31 March 2019 is the deadline to register for land tax and surcharge land tax. Whether you need to pay land tax on your property depends on:- The type of ...
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Can you Throw Out your Ex’s Property?

When a couple separate it is usually the case that one party leaves the home and takes what they can fit in a suitcase. This leaves the other party with ...
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Have you been unfairly dismissed?

Unfairly dismissed. This is a term that can get thrown around quite easily, but what does it actually to mean to be ‘unfairly’ dismissed? Adams & Partners Lawyers have extensive ...
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Is Your Business Compliant with Australian Workplace Laws?

Developing and maintaining a great workplace culture is underpinned by legal compliance. If workplace laws are not followed, employees will justifiably feel deceived, and be unmotivated to do the job. ...
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The Importance of a Good Bullying and Harassment Policy

Companies in Australia owe a duty to provide a safe working environment free from bullying and harassment. This applies to not only employees, but anyone who has a relationship with ...
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First Home Buyers Entitlements

The New South Wales Government introduced a new State Budget from 1 July 2017, which included the First Home Buyers Assistance Scheme. The new scheme means that first home buyers ...
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Updated Conveyancing (Sale of Land) Regulations

From 1 September 2017 three major changes were introduced into the Conveyancing Regulations, Schedule 1, being the documents which must be attached to a Contract for Sale of Land. Sewer ...
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The New CTP Scheme and its Affect on Compensation Claims

As of 1 December 2017, new legislation by the State Government overhauled the existing CTP scheme, providing major changes to motor accident compensation claims. We provide this article to assist ...
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Estate Planning – Basics – What is a Will?

At Adams & Partners we can answer all of these questions and are here to help make the estate planning process as easy as possible. What is a Will? The ...
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Employment Law – Update – Increased Penalties for Employer Breach of the Fair Work Act

Introduction 1.   There has been much publicity recently concerning the 7 Eleven franchise system and its franchisee’s alleged underpayment of wages to employees. The coverage has been devastating for ...
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Franchising – Due Diligence Issues – Supplier Rebates

One of the important issues to consider when buying a franchise is the issue of Supplier Rebates. What is A Supplier Rebate? A "Supplier Rebate" is a payment or financial ...
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Estate Planning Basics – Superannuation Proceeds Trust

With Superannuation forming a large part of the asset base of Australians, the passing of accumulated Superannuation Death Benefits (particularly when supplemented with any Life Insurance contained within a Super ...
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Estate Planning Basics – Binding Death Benefit Nominations

  Superannuation is a fundamental component of the retirement planning of all working Australians. One aspect of Superannuation that must be considered is what happens to your Superannuation Benefits in ...
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2017 Criminal Law Cases #4

RMS licence appeal – Penrith Local Court We acted for a young lady who was to be suspended by the RMS for accumulation of demerit points. We advised of her ...
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2017 Criminal Law Cases #3

Mid Range PCA – Fairfield Local Court Our client had returned a reading well into the mid range following a day of wine tasting with his partner who was also ...
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Legal Funding Now Available for Review Of A Work Capacity Decision

Fundamental changes was made to workers compensation legislation in June 2012. In particular this included a provision that a lawyer was not entitled to be paid or recover any costs ...
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2017 Criminal Law Cases #2

Common assault occasioning actual bodily harm – Penrith Local Court Our client was going through a very difficult period following the breakdown of his marriage and had a physical altercation ...
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The End of Weekly Payments For Injured Workers

Radical changes were made to workers compensation legislation in June 2012. Importantly, this included a provision that weekly payments of compensation will cease to be paid to an injured worker ...
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2017 Criminal Law Cases #1

Driving with a prohibited drug x2 - Moss Vale Local Court Our client was a young man who had been charged with two separate offences of driving with prohibited drug ...
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What to do if you are injured at work

  Has this happened to you at work? You are walking down some stairs and twist and hurt your knee; You lift a box that is much heavier than you ...
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Unfair Contract Terms – What Does It Mean?

In our last article about “unfair contract terms and small business” we set out the new unfair contract regime that will apply to business to business contracts (B2B) from November ...
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What to do if you are Injured in a Motor Accident

If you are injured in a motor accident and you consider that it is caused by the fault of another driver, including the driver of the car that you are ...
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Shareholders and Partnership Agreements

Someone said to me once that there is no such thing as a perfect relationship, and no matter how good things are, at one stage, one partner will not be as ...
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Due Diligence For Small Business – When Buying A Franchise

What is due diligence? Doing your “homework”, “doing a bit of research” or “no idea whatsoever” are various descriptors of due diligence by participants in the SME space[1]. This paper ...
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Dealing with a "Show Cause Notice" from NSW Fair Trading

NSW Fair Trading can issue a show cause notice to builders, traders, electricians, plumbers and real estate agents. It is very important to respond to these notices as they can ...
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Managing your debtors

Debtors – we’ve all got a few of them! Customers owing money are becoming more common these days, especially in the current climate. A failure to manage your debtors can ...
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Have you reviewed your Will lately?

Admittedly, Wills and Estate Planning isn't a particularly inspiring topic. That being said however, it is an important matter to consider - if not for yourself, then for your loved ...
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Adams & Partners Lawyers looking to hire a Conveyancing Secretary with experience

The Conveyancing Team at Adams & Partners Lawyers Penrith are looking to engage a Conveyancing Secretary that has at least 2 years experience. If this interests you, have a look ...
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Alternatives to Prison – Home Detention Orders

A Home Detention Order is an order that considered as the final alternative to full time imprisonment. This order confines the offender to an approved residence to serve their sentence ...
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New Laws affecting Sunset Clauses – Off the Plan Contracts

The New South Wales Government has recently introduced an amendment to the Conveyancing Act 1919.  The amendment includes Section 66ZL into the Act.  The section has been introduced to protect ...
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Unfair Contract Terms – Small Business & Franchise Agreements

Under the Australian Consumer Laws (the “ACL”) there are laws prohibiting unfair contract terms in consumer contracts.  From November 2016, the unfair contract regime will now extend to small business contracts. ...
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Surrogacy in New South Wales

What is Surrogacy? Surrogacy refers to the process where a woman carries a pregnancy and gives birth to a child on behalf of another person or a couple. Surrogacy can ...
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Mandatory Interlock Program

The Mandatory Interlock Program came into force from 1 February 2015. All licences are included under the program including cars, motorcycles, heavy vehicles, boats etc.  Participation in the Mandatory Interlock ...
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Building and Construction – FAQs

Questions Asked By Builders Q - Do I need a contract when I build a new home or carry out renovations or extensions for an owner? A. - Yes. It ...
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Trade Marks and your business – Some Frequently Asked Questions

You are undoubtedly aware that Trade Marks are important to your business - but all the same, I get a lot of enquiries about exactly what they are and why they ...
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Frequently Asked Questions about Divorce

We get a lot of questions about this topic - and no wonder too. In 2014 alone there were 46,000 divorces in Australia! It is an unfortunate and often exhausting ...
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Termination of Building Contracts – Take Care!

Get the right advice!  A recent decision of NCAT Appeal Panel raises the importance of obtaining correct legal advice prior to termination of a Building Contract.  In the decision of ...
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Enforcement of Judgments

I have previously written in the past about the debt recovery process on our blog - if you've read it, I hope that you found it helpful.  If you are successful in ...
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Strata Laws – changes are coming!

If you own or rent a unit or townhouse you will most likely be affected by changes to strata legislation coming into effect mid 2016. The NSW Government has made ...
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New laws against under-quoting by real estate agents

Due to reforms made by the NSW Government, when marketing a residential property from 1 January 2016, agents must ensure the following: The estimated selling price must be provided in the ...
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Hands off that mobile phone while driving! New penalties for learners and P1 drivers from 22 January 2016

Hello all! Did you know that from 22 January 2016, learners and provisional P1 (red Ps) licence holders are not permitted to use a mobile phone AT ALL (regardless of ...
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Solicitor Agent Services – All Courts in Penrith, Sydney, and Parramatta

Are you engaged to attend a directions or other minor call-over matter which is out of your way? Adams Partners can assist with that. With experienced litigators based out of ...
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Compensation Update by John Isaksen – Mandatory Reporting of Legal Costs in Motor Vehicle Accidents

As of 1 October 2015 it is a mandatory requirement for all solicitors in NSW to disclose to the State Insurance Regulatory Authority (SIRA) a costs breakdown upon the finalising ...
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Swimming Pool Compliance

Due to changes in the Swimming Pools Act 1992 (NSW), from 29 October 2013, swimming pools and spas will be required to be registered via an online register of pools. This ...
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Compensation Update with John Isaksen – Lump Sum payment for permanent impairment

In our previous article we referred to a recent decision of the NSW Court of Appeal which bars an injured worker who received a lump sum payment for permanent impairment ...
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Compensation Update with John Isaksen – Compensation when an injured worker's condition has deteriorated

The substantial changes that were made to Workers Compensation Legislation in 2012 included provisions that an injured worker is only entitled to a lump sum payment for impairment if that ...
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An Introduction to Trade Marks

A trade mark - sometimes called a brand - can be your most valuable marketing tool. It is a way to associate your product or service to your business. A ...
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Adams & Partners Lawyers joins the Parramatta Chamber of Commerce

Adams & Partners Lawyers has joined the Parramatta Chamber of Commerce. Kenneth Ti of our office was present at the Parramatta Chamber's monthly "Business After Five" event, where he was ...
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Beware Statutory Demands!

Don’t ignore letters of demand issued by your creditors – particularly if they are a certain type called a “Statutory Demand”. These demands can be issued to companies and the ...
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"What is a Franchise Agreement?" – A reminder after Workplace Safety Australia v Simple OHS Solutions Pty Limited

I often receive calls from new clients seeking advice as to how they can expand their business.  Of those, I am often asked whether their plans may be a franchise. ...
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A brief summary of the various stages of the debt recovery process

The debt recovery process can be long, complicated, and stressful. We lots of questions about the process from our clients, trying to make head or tail of it. We've put together a ...
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Disclosure Documents – The Importance of Being Earnest and Current

Franchising, as a way of doing business, can be very financially rewarding. When things go wrong though, the source of the problem can often be traced back to the beginning, ...
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Stamp Duty Exceptions when Separating

Have you recently separated and are going through property settlement? Do you have real estate? Did you know that you are not required to pay stamp duty if you are ...
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New Franchising Code of Conduct from 1 January 2015

From 1 January 2015, the current Franchising Code of Conduct (called the “Code”) will be repealed and replaced with a new Code. The Code was first enacted in 1998 as ...
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Peter Adams restores his client's building license

Mr Peter Adams scored a win in May this year when he assisted his client in recovering his building license.  Names have been removed in this article.  A licensed builder since ...
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Building Law – Oral Contracts

The Law recognises oral (parole) contracts and will enforce those contracts subject to the principles of parole evidence. The Courts recognise that a contract can be in writing, partly in ...
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Prescribed Concentration of Alcohol and Drink Driving

Under the Road Transport (Safety & Traffic Management) Act 1999 Police have the power under Section 13 of that Act to conduct random breath tests to eliminate Drink Driving. The ...
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Changes for Workers Compensation in NSW

  The New South Wales Liberal Government has recently advised that the New South Wales Workers Compensation Scheme is in deficit to the tune of $4 billion. It has been ...
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Retail Leases Act

Following a Federal Government initiative to harmonise retail shop disclosure statements, a new disclosure statement has been introduced across Australia’s eastern seaboard in Queensland, Victoria and New South Wales. Landlords ...
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Police Powers – Your rights and responsibilities

Who can arrest me and why? A Police officer can arrest you if, for example:- You are committing an offence. You have, or the officer has reasonable grounds to suspect ...
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Termination of Employment

Termination of Employment With the exception of people who are employed by the State Government, all employers and their employees in New South Wales are now covered by the (Commonwealth) ...
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Criminal Sentencing – Intensive Correction Orders

On 1 October 2010 there was a significant change to the sentencing law of New South Wales. On this day Periodic Detention ceased to be a sentencing option in New ...
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Client Involvement in the Building Works

This was a paper that was presented at the HIA Home Show at Darling Harbour on 16 May 2013. BACKGROUND Peter Adams, the Managing Director of Adams & Partners lawyers ...
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Good Faith in Franchising

From 2006-2013 there have been multiple government enquiries at a State and Federal level into franchising. Again in 2013 a Federal enquiry is currently taking place into, among other things, ...
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Franchise Law – Insolvent Franchisors

The Borders and Angus Robertson Administration should be of interest to all Franchisees. The appointment of Administrators to the RED Group has a potential impact for all Franchise business trading under ...
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Adams and Partners Lawyers Successful in Securing Payment from a Family Provision Order in Deceased’s Estate

Adams & Partners Lawyers were successful in securing a lump sum payment received out of the estate for the sister of a deceased, who was not included in the deceased’s ...
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Wills – FAQs

Q. Do I Need A Will? A. Yes. Everyone should ensure that they have a Will. In that way your property will be distributed in accordance with your wishes and ...
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Challenging an Unfair Will – FAQs

Q. Can A Will Be Contested? A. Yes. If you have been left out of a Will, or believe that the gift you have received under someone’s Will is unfair, ...
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Protecting Your Inheritance – FAQs

Q. Can I Take Action If I Believe the Executor of a Will is not Acting in my Best Interests? A. Yes. If the Executor of a Will is not ...
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Swimming Pools Amendment Bill 2012

The Swimming Pool Amendment Bill, currently awaiting enactment, provides that all swimming pools across the state are to be added to a new online registry within 12 months. Property owners ...
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First Home – New Home Scheme

From 1 January 2012, the First Home Plus Scheme will be replaced by the First Home- New Home Scheme. The amendment provides that an agreement or transfer will only be ...
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Buying a Property – Some Frequently Asked Questions

Buying a home is one of the most expensive and important investment decisions that most people will make in their lives. When you find your ideal property, contact us at ...
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The Residential Real Estate Purchase Process – A handy diagram

Following on from our sales diagram, our team has put together a handy flowchart of the purchase process for residential real estate!
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Property Enquiry Reports – FAQs

What Are Enquiry Reports? When purchasing second hand freehold and strata properties (such as units and villas) it is highly recommended that a purchaser order pre exchange enquiry reports. Examples ...
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Selling Your Property

When you decide to sell your property, whether it is a house, unit or block of land, there are many things for you to organise. Our aim at Adams & ...
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Selling Property – A handy diagram

The team has put together a handy flowchart for the sale of residential real estate. Check it out here!   
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Changes to the Federal Magistrates Court of Australia

Changes have been made by the Federal Government to change the name of the Federal Magistrates Court of Australia to the Federal Circuit Court of Australia. The Federal Magistrates of ...
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Family Law – Children’s Matters

Generally, with any dispute relating to children, the parties are required to attempt mediation before any Court proceedings are able to be commenced by either party. There are certain exceptions ...
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Family Law – FAQs

Q. Do I have to go to court to resolve my legal problem? No. A substantial amount of legal problems are resolved by agreement between the two parties prior to ...
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De facto Relationships

A de facto relationship is defined by the Property (Relationships) Act 1984 (NSW) as a relationship between two persons: Who live together as a couple, and Who are not married ...
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Divorce and You

A Divorce may be granted by the Federal Magistrates Court in the circumstances that an application has been made and you have been: Separated from your spouse for over 12 ...
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Children’s Matters – FAQs

Q. What happens if I am served with Children Court Documents? It is most important that you stay calm and do not overreact when being served with Children’s Court Documents, ...
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Going to Court for a Family Law Matter

Q. What sort of process can I expect if I go to Court? This depends on which Court your matter is listed in. The procedures in the different Courts differ ...
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Can your business afford to carry bad debt?

Businesses usually work hard to provide goods and services to others and are excited about delivering their products to their customers. However, it is surprising how many businesses forget about ...
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Section 32 Mental Health (Forensic Provisions) ACT 1990

Under Section 32 a magistrate can make an order called a "Section 32 Order". It means you don’t pay a fine or go to gaol, however you have to agree ...
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Criminal Law – FAQs

Q. I’ve just been arrested by the police. What are my rights? A. Perhaps the most important right you have is a general right to silence. There are exceptions to ...
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Changes to the Journey Claims

Workers in New South Wales No Longer Covered for Injuries Sustained on a Journey to or from Work. Widespread changes were made to workers compensation law in New South Wales ...
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Calderbank Offers

Calderbank Offers: Removing the Problem of Disproportionate Costs Orders Following a building dispute, it is common for the negligent party to submit a “Calderbank offer” to the plaintiff. A “Calderbank ...
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