Insights - Adams & Partners Lawyers

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.

My builder is increasing the Contract price to build my house, what are my options?

A builder’s entitlement to increase the agreed contract price depends on the terms and conditions of the contract. Standard building contracts do not, generally, include a term allowing the builder ...

Building & Construction Security of Payment Act: Purpose and Application

The purpose of the Act and the adjudication process it introduced is to provide a quick and interim resolution to a dispute and ensure that payment for services rendered is ...

The Importance of a Revocation Clause in your Will

When it comes to Estate planning, creating a Will is a crucial step in ensuring your assets are distributed according to your wishes after you’re gone. However, what many people ...

Contemplation of Marriage and Divorce

A contemplation clause is used when a party is contemplating either marriage or divorce at the time of making a will. This is a common occurrence, therefore having a contemplation ...

Are you complying with the new minimum wages?

Fair Work Commission Annual Wage Review Each year, the Fair Work Commission (FWC) conducts a wage review of minimum and award wages. On 2 June 2023, the FWC handed down ...

Family & Domestic Violence Leave

Do you know there have been recent changes to Family & Domestic Violence Leave? What is a Family & Domestic Violence Leave? Family and Domestic Violence Leave is a ...

Franchising Update – Franchisor Information Statement

The Government has recently made changes to the franchising rules. The most important update for Franchisor’s to be aware of is that concerning updated the Information Statement for Prospective Franchisees. ...

Selling Your Business ‘After The Deal’ – Things to Consider After the Deal Is Done

When a business is sold and the sale is completed, the deal Is not quite over. Often the sale agreement may contemplate ongoing obligations and in addition to these items, ...

Selling Your Business ‘Doing the Deal’ – Assigning Key Contracts & Licences

In our earlier article, we set out the importance of identifying and reviewing key Contracts and Licences. As part of the business sale process it is likely that the transfer ...

Selling Your Business ‘Doing the Deal’ – Dealing with Stock

In our previous articles, we have considered the key components that make up the assets being sold as part of a business sale. In addition to goodwill and plant and ...

Selling your Business ‘Doing the Deal’ – Conditions Precedent

What is a Condition Precedent? Condition precedents or “subject to” conditions are common in business sale agreements. A condition precedent is a contractual condition that requires certain things happening or ...

Selling your Business ‘Doing the Deal’ – Finance Issues – Vendor Finance

When selling a business, a Seller will need to consider various finance issues as part of the sale process. In another article we will set out some of the considerations ...

Selling your Business ‘Doing the Deal’ – Discharging Liabilities

The Requirement to Discharge Liabilities when Selling Your Business In our earlier article we discussed the assessment of the liabilities of business prior to sale. In this article, we look ...

Selling Your Business ‘Doing the Deal’ – Dealing with Employees

Most businesses employ staff. Without them, the business can not provide its product or service. It is therefore crucial that a Seller properly deal with the management of staff and ...

Selling Your Business ‘Doing the Deal’ – Why You Should Use a Lawyer?

In our earlier articles we have focussed on some of the steps preliminary to selling your business. In this article, we focus on why you should use a lawyer and ...

Preparing Your Business For Sale – Who is the Seller and How Do They Sell?

In our earlier article we set out some of the key issues a Seller must consider when looking to sell their Business. In this article, we consider how you need ...

Preparing Your Business for Sale – Locational Goodwill

What Is Locational Goodwill? Beyond $$, your business has value that can be attributed to its intangible assets. That is, there are aspects of a business such as reputation, branding ...

Preparing your Business for Sale – Loans & Liabilities

Common Liabilities During the course of operation for a business, most business owners will enter into agreements with creditors under which they agree to provide a security interest over the ...

Preparing Your Business for Sale – Key Contracts & Licences

In preparing a business for sale, it is essential that the Seller identify all of the material Contracts and Licences that it uses as part of its business. Any purchaser ...

Preparing Your Business for Sale – Employees

Before you take your business to market for sale, there are a number of things you should do to “get your house in order” in particular, to ensure you have ...

Business Sale & Purchase – What is Due Diligence?

Whether you are buying or selling a business You will be involved in some level of due diligence. Essentially ‘due diligence’ is the process to investigate and review of the ...

Preparing Your Business for Sale – Intellectual Property

Why it is important to secure your brand prior to selling your business Intellectual Property refers to a few different types of intangible property including, logos, images and descriptions used ...

How do I start contesting a Will in NSW?

To be able to contest a will in New South Wales, you must comply with the terms of the Succession Act 2006. This legislation governs the ability for people who ...

How do I start contesting a Will in NSW?

To be able to contest a will in New South Wales, you must comply with the terms of the Succession Act 2006. This legislation governs the ability for people who ...

Cy-près Schemes and Charitable Trusts. What are they?

Cy-près (pronounced sih-pree) is a legal term that originated from French law and is used in NSW in relation to trusts. A cy-près scheme is a legal process that allows ...

Window Manufacturers – Need for Compliance

It is of great importance that window and glass manufacturers keep a close eye on whether or not the windows and glass manufactured in their factories or facilities do comply ...

Does my Superannuation form part my estate?

Generally, superannuation does not form part of your Estate unless the trustee of the superannuation fund pays your member 'death benefits' (the balance of your superannuation account) directly to your ...

Do I need to contact a Lawyer when a loved one passes away?

You can make contact with a Lawyer when someone dies before the Funeral and they can guide you of your next steps however you will not be able to deal ...

Applying for Probate in the Supreme Court of NSW

Probate is a Court order which confirms a Will is valid and that any Executors have the right to administer the Estate. Before you even apply for probate you will ...

What happens to the bank accounts with someone passes?

You should not withdraw funds as you are accountable to the beneficiaries of the Estate. The Bank will only share the deceased's Bank Account information with an Executor, Administrator or ...

What is the role of an Executor of a Will in NSW

What is an Executor? When someone dies, an Executor is the person appointed by the Will to administer the Estate. The Executor is required to ensure that the debts are ...

First Home Buyer Choice

First home buyers can now choose between paying stamp duty or property tax. Stamp duty is payable when you purchase a property and the amount to be paid is calculated ...

Personal Leave

What You Need to Know About Taking Leave to Care for Others What is Personal/Carer’s Leave? Fair Work Act 2009 (Cth) (the Act) confers an entitlement of 10 days paid ...

Building Contracts, do I need one?

The short answer is yes. It is a legal requirement for a builder engaging in residential building work to enter into a written contract for the services he or she ...

Changes to Planning Certificates

From the 1 October 2022 Planning Certificates (Section 10.7 Certificates) will be altered to reflect the requirements set out in Environmental Planning and Assessment Regulation 2021 (2021 EP&A Regulation). Changes ...

Dependency and why it is important to contest a Will

It is common that when somebody passes away, a person who is in a relationship with that person (whether de-facto or married) or a child, sibling or relative may feel ...

Family Law Orders and Christmas Holidays

Christmas holidays and the jolly season is soon upon us. For our Family Law Team at Adams & Partners Lawyers, this is a time where clients are seeking to resolve ...

Builder’s Licence Application

We recently had a great result for our client where NSW Fair Trading had refused to issue a builder’s licence. As is the case in a lot of the circumstances ...

National Employment Standards (NES)

What are the National Employment Standards? Do they apply to me? What are the National Employment Standards (NES)? The National Employment Standards or “NES” came into effect on 1 ...

Contesting a Will – The time limits you need to know

In New South Wales any person has the ability to contest a will or make as we call it a “Family Provisions Claim”. However, like most litigated claims it is ...

Shareholder Agreement Basics – Shareholders Agreement & Disputes with Shareholders

Introduction – Disputes Among Shareholders In our earlier articles we set out the benefits of a Shareholders Agreement and how decisions can be controlled under a Shareholders Agreement. This article ...

Termination by TXT – Navigating Employee Terminations in the Electronic Age

What does the Fair Work Commission have to say about this? Terminating an employee is never easy and can be an uncomfortable experience for both employer and employee. With the ...

Does your will have a Residue Clause?

One (if not the most important) thing that you must consider including in your will is a residue clause. The residue clause is vital as it deals with all the ...

Going Guarantor? Know what you are signing up for

The concept of guaranteeing a debt is simple enough, however the legal and financial consequences of going guarantor are significant. Financial institutions and lenders require their clients to obtain independent ...

Shareholder Agreements- Does a Shareholders Agreement Trump The Company’s Constitution? Case Note

Introduction This case note details the issue recently canvassed in Lorebray Pty Ltd (2021) NSWSC 1533 (23 November 2021) when there is an inconsistency between the Constitution and Shareholders Agreement. ...

Performance Improvement Plans (PIPs)

What are they and why they are important to get right What is a Performance Improvement Plan? A Performance Improvement Plan (PIP) is a document given to an employee outlining ...

The National Contravention List – Family Law matters

In September 2021, a new National Contravention List was established to deal with contravention applications filed in the Federal Circuit and Family Court of Australia. Contraventions of orders affecting children ...

Selling without an Agent

A question we get asked quite often is can we sell our property without a real estate agent? The answer is, yes. However, to put the property on the market ...

Shareholder Agreement Basics (2) Shareholders Agreement – Decision Making

Introduction - Decision Making in a Shareholders Agreement In our earlier article we set out some of the details about why a Shareholders Agreement is useful and some of the ...

Shareholder Agreement Basics (1) What Is A Shareholders Agreement?

What is a Shareholders Agreement A Shareholders Agreement is an agreement between shareholders as to how they will operate and control a company together. It is the ‘road map’ which ...

Unfair Dismissal- What is it? How long do I have to bring a claim?

What is an Unfair Dismissal? An unfair dismissal is a dismissal or termination of a person’s employment in circumstances that are harsh, unjust or unreasonable. There are many factors the ...

Off the Plan Purchases

Consumers need to pay attention to the documents attached to contract for sale of land and what their rights are prior to signing for purchasing Off the Plan properties. When ...

Home Building Compensation Fund

In recent months you may have heard the news about Tasmanian Constructions (Hotondo Homes franchise in Hobart) going into liquidation. Tasmania does not have a requirement (since about 2008) requiring ...

Its 2022, surely a minor in NSW can make a will?

It may seem somewhat ridiculous to you that a person under the age of 18 years of age would need a will. Most children do not usually have any large ...

I lied to Police and said my partner hit me. Will I go to Prison?

Falsely claiming you were assaulted in a domestic relationship or giving a statement and “taking it back” later is a serious matter and you can be charged. Legally we refer ...

Settlement Offers and Costs Ramifications

The general rule with respect to legal costs is that costs follow the event, unless the court determines that some other order should be made. In other words, if you ...

Surrogacy in NSW: What can I pay to the birth mother?

We have written briefly about applications for surrogacy in New South Wales in the past. In that article, we wrote that generally, a couple (or a person) looking to enter ...

Surrogacy in NSW: Who can make an application for surrogacy?

We have written briefly about applications for surrogacy in New South Wales in the past. In that article, we wrote that generally, a couple (or a person) looking to enter ...

The Small Business Fair Dismissal Code

What is it? Does it apply to me? How do I comply? What is the Small Business Fair Dismissal Code? Does it Apply to me? The Small Business Fair Dismissal ...

I want to Quit… How Much Notice do I Need to Give?

What is Notice and How much do I need to give? A notice period is the length of time you must give your employer to bring your employment agreement to ...

Do I need to Give my Employees Pay Slips?

A basic guide to Payslips Do I need to give my employees a pay slip? Yes. The Fair Work Act 2009 (Cth) (FW Act) makes it a legal requirement ...

Business Succession Planning Company Power of Attorney

Introduction Why would a company need a power of attorney? Arguably, a company doesn’t live and therefore just keeps on going (pending liquidation or wind up). However, as every company ...

Stress Leave in the Workplace

What is it and what am I entitled to? What are the obligations of an Employer? Stress can broadly be described as a state of mind or emotional feeling ...

Land Tax Thresholds for 2022

The new land tax thresholds for year 2022 are:- General threshold is $822,000.00 Premium threshold is $5,026,000.00 If you have recently purchased an investment property it is a good idea ...

Modern Awards – What Are They? Do They Apply to Me?

What is a Modern Award? The first Modern Awards were created following an extensive review of industries and working conditions conducted by the Australian Industrial Relations Commission and came into ...

Christmas Parties and Employee Misconduct- How to Navigate the “Silly Season”

Christmas parties are a great time to celebrate the end of the year and all the achievements of workers. It is a time laden with festivities both in and outside ...

Restraints of Trade & Non-Solicitation

What’s the difference? Restraint of trade and non-solicitation provisions are also known as “Restrictive Covenants” and operate to limit or impose conditions and restrictions upon employees both during and post-employment. ...

Wills and Pets in NSW – How do I care for my cat or dog when I die?

Did you know that in Australia an estimated 63% of households have a pet. Whether this be a dog, cat, horse, fish, hermit crab or rabbit many families want to ...

Certificate of Titles Abolished

On the 11 October 2021 there will be two significant changes to property law:- All land dealings will need to be lodged electronically (paper dealings will no longer be accepted). ...

Redundancy- What is it? What are my entitlements? What are my obligations?

What is a Redundancy? A redundancy is considered a ‘no fault termination’ because it does not arise as a result of any personal act or default by an employee. An ...

Briefing an expert? Make sure your expert complies with the requirements of an expert witness

The Evidence Act 1995 (NSW) provides that evidence of an opinion is inadmissible (s.76(1)) except where the witness providing the opinion has specialised knowledge based on his or her training, ...

What are requisition on title?

Requisitions on title are essentially questions relating to the sale. They can include questions not addressed in the Contract i.e. if there are any disputes with neighbours about fencing. A ...

Changes to the Code of Conduct

Introduction As set out in our February 2021 Update, the Government has amended the Franchising Code of Conduct. Background In November 2020, an exposure draft of the new Code was ...

Bankruptcy Notices- Another win for our client

It is important to get the right help in trying to recover money that you are owed. One of the options available to recover a debt owed by someone is ...

What is Bankruptcy?

Bankruptcy is a legal process where a person is declared unable to pay their debts. The process of bankruptcy can either be voluntary or involuntary. A voluntary bankruptcy is where ...

The Domestic Violence Register – What you need to know about the Registry

In 2015, New South Wales introduced the Domestic Violence Disclosure Scheme, this is the first of it’s kind to be undertaken in Australia. The United Kingdom introduced a similar initiative ...

An introduction to new the obligations under the Design and Building Practitioners Regulations 2021 (NSW)

The NSW Government has introduced a new suite of obligations on design and building practitioners. The new obligations are aimed at restoring consumer confidence and ensuring construction is compliant with ...

COVID-19 Vaccination Mandate – SPC

On the 5 August 2021, well-known Australian fruit and vegetable processing company SPC has announced that it will mandate the COVID-19 vaccination for all staff. The mandate has been introduced ...

Can injured workers access medicinal cannabis for their injury?

The relevant governing provision for any medical treatment under the Workers Compensation Act 1987 (NSW) is section 60. Section 60 provides injured workers with access to certain medical treatment where ...

I have been injured at work, can I make a Workers’ Compensation Insurance Claim?

No matter what kind of career you are in, the workplace can be a dangerous place. Much like any other area you visit, your employer owes you a duty of ...

Why settlement and mediation plays an important role in estate litigation

Estate Litigation or Family Provisions Claims are usually actions taken by individuals who have been left out of a will. The sole purpose of these claims is for these people ...

COVID-19 Relief

Since the implementation of COVID-19 restrictions and, in particular since the New South Wales lockdown commenced in late June 2021, many businesses have found it difficult to continue operations. Likewise, ...

First Home Buyers Deposit Scheme

From 1 July 2021 to 31 June 2022 the First Home Loan Deposit Scheme will be available to 10,000 eligible first home buyers. The First Home Buyer Loan Deposit Scheme ...

What can I do if I am being bullied at work?

Before you can take any legal steps to address the behaviour of a bully, you must first be sure that the behaviour is in fact considered bullying. What is Workplace ...

Copyright and Building Plans – Warning to Homeowners

If you are a Homeowner wanting to find the right Builder to build your dream home, where do you start? Some Homeowners have a pre-existing layout of how they want ...

JobMaker Hiring Credit Scheme – What is it & Am I Eligible?

JobMaker in a Nutshell JobMaker is Federal Government Scheme that commenced on 7 October 2020 designed to encourage the creation of jobs in the post-JobKeeper economy. In essence, the JobMaker ...

How to Protect Your Cryptocurrencies in NSW

As of 2021, cryptocurrencies such as Bitcoin, Ethereum, Litecoin, Binancecoin and Dogecoin are taking the world by storm. Many people have invested in these assets over the past few years ...

Can a Casual Employee bring an Unfair Dismissal Claim?

Who is a Casual Employee? According to section 15A of the Fair Work Act 2009 (Cth) (the “Act”), “a person is a casual employee of an employer if an offer ...

Why it is important for a Builder to have their Building Contract reviewed.

For a Builder entering into a Building Contract with a Homeowner, it is a long-term, expensive commitment. It should then make sense to have a professional spend some time reviewing ...

Why it is important for a Homeowner to have their Building Contract reviewed before signing?

For a Homeowner entering into a Building Contract with a Builder, it is a long-term, expensive commitment. It should then make sense to have a professional spend some time reviewing ...

FAQ’s- Purchasing a Property

What is Private Treaty? This is a standard residential property transaction. This is when the vendor, or home owner sets the price they would like to sell their property for ...

A series: COVID-19 Vaccine – Can my employer force me to get it? (part 2)

The absence of a legal requirement does not mean that people will be not receive directions to have the COVID-19 vaccine from employer’s and other areas in society. Pursuant to ...

Funded MVA Legal Advice? Yes please!

The State Insurance Regulatory Authority is currently reviewing the provision of a legal aid type scheme for persons injured in a motor vehicle accident on or after 1 December 2017. ...

Beware Owners and Builders

There have been recent changes to Building and Construction Industry Security of Payment Act 1999. From 1 March 2021, 'Owner occupier’ residential construction contracts will be impacted by these changes. ...

Can the Court listen to the children’s wishes?

Parenting matters before the Family Court of Australia or Federal Circuit Court of Australia are organically complex as they deal with what is arguably the most important part of someone’s ...

A series: COVID-19 Vaccine – Part 1

Can my Employer require me to have the COVID-19 Vaccine Last year a COVID-19 vaccine became more of a reality and countries scrambled to work through approval processes. The Therapeutic ...

“Smile – You’re on Camera” – Workplace Surveillance in a Nutshell

It is becoming increasingly more common for workplaces to install security cameras as a method of addressing issues of staff safety and security. However, for many employees, the installation of ...

Letters Of Administration? What The Heck Is That?

When a person dies without a valid Will (which can occur more often than you may think) a person will need to apply for Letters of Administration to the Supreme ...

Offers of Settlement – Building Law

Most residential building disputes are now determined by NCAT, a Tribunal established by the NSW Government. In dealing with the resolution of a dispute, it is important that you get ...

Commercial lease protections during the pandemic

Most people are aware that the Pandemic first came to light in 2020. The government at both the national level and the state level passed laws which, amongst other things, ...

Casual Employment Workplace Reforms- What Are They & How Will They Impact Your Business?

Introduction In the last few years the Federal Government has been carefully considering the current employment climate particularly with respect to the high numbers of casual employees. The COVID-19 pandemic ...

Can you record someone and use it in evidence

As the use of technology has increased in everyday life, however when a person records a conversation or videos an incident, can this be utilised in Court proceedings? The legislation ...

2021 Land Tax Threshold

Land tax is calculated on the total value of all your taxable land above the land tax threshold, not on each individual property. If the combined value of your land ...

Franchising- Proposed Changes to the Code of Conduct

The Government has indicated that they propose to amend the Franchising Code of Conduct. In November 2020, an exposure draft of the new Code was issued and feedback and consultation ...

Buying or Selling a Business? Some things to consider for both Business Owners and Purchasers

Introduction As the economic effects of COVID-19 begin to be more harshly felt by Australian businesses, many business owners are choosing to sell their business. Whether triggered by financial hardship, ...

Sentencing in Criminal Matters

When a person pleads guilty or is found guilty of a crime, the Court is tasked with determining a proportionate penalty. This is known as the “sentence” for the crime. ...

How do I claim for Total Permanent Disability? A Checklist

So, you’ve been injured or have fallen ill and are worried you will not be able to support yourself or your family if you can’t return to work? Thankfully there ...

Bailed Out- Criminal Law

When you have been arrested by the Police, there are a few options available to the Police in relation to bail. They can either release you with the Court documentation ...

Am I eligible to contest an estate in 2021? – Family Provisions Claims

Throughout their lives most people decide to draft a will. If you are a spouse, partner, child or family member you usually will not see this document until the person ...

Deadline for changes to foreign person surcharge duty rapidly approaching

On 24 June 2020, the State Revenue Legislation Further Amendment Act 2020 came into effect, which made amendments to the Duties Act 1997, the Land Tax Act 1956, and the ...

Buying a property at Auction

When purchasing at Auction you need to be prepared. If you are the successful bidder at Auction, the Contracts are exchanged unconditionally. It means there is no cooling off period ...

Business Law – Circular Economy “Right to Repair” Enquiry November 2020

The Productivity Commission is in the process of reviewing the "right to repair" The concept of the "right to repair" means a consumer's ability to repair faulty goods, or access ...

Contravention of Parenting Proceedings

What rights do parents have when the other parent has not complied with Orders of the Family Court of Australia or Federal Circuit Court of Australia in relation to parenting ...

I’ve been in a car accident! What next? A Checklist

So, you’ve been in a car accident with another driver on the road? This checklist will be able to guide you through what to do next. Checklist Record the other ...

I’ve been injured at work! What next? A Checklist

So, you: Walked down some stairs and twisted your ankle? Lifted an object and hurt your back? Performed the same movement for years and are starting to feel pain? Have ...

Personal Injury- Recent Changes

It is clearly important that any injured person obtains expert legal advice before actually making a claim. If you lose the claim in Court, they can order the injured person ...

Injured on Private Property

What is private property? Private property is generally owned by either an individual person or corporation, examples of private property is a residential home or business premises. What is public ...

Inheritance received after separation in Family Law Property

When the Court determines family law property settlements, they are required to consider all aspects of a parties’ financial circumstances. The Full Court has held “all of the property held ...

Separating? Separated? Divorced? Time to think about estate planning!

It can be extremely stressful when you separate from a spouse or partner that you have been with for several years. There are many things that you may need to ...

Changes to Personal Injury in NSW

On 11 August 2020, the Personal Injury Commission Act 2020 (NSW) (the Act) received Royal Assent after it passed both houses of the New South Wales Parliament. The purpose of ...

Parental Alienation- Family Law

Parental Alienation is a common issue in family parenting disputes, broadly speaking is refers to one parent attempting to block the other parent from the child, or in more severe ...

Family Law Separation Checklist

When separating from your partner the to do list can be overwhelming, let alone the emotional stress of restructuring your life. Below we have provided a practical checklist of things ...

Binding Financial Agreements

TYPES OF BINDING FINANCIAL AGREEMENTS (BFAs) Under the Family Law Act 1975 (Cth) (Family Law Act), Binding Financial Agreements (BFA) are divided into several categories – those relating to marriages ...

Do I pay transfer (stamp) duty to transfer my property after a separation or divorce?

You may be exempt from paying transfer duty after a relationship break-up. To apply for the exemption, you must be able to provide to Revenue NSW a Court Order made ...

Transfer (Stamp) Duty Changes for First Home Buyers

The NSW government has announced as part of the NSW Government COVID- 19 Recovery Plan that the threshold for stamp duty paid on new homes for first home buyers will ...

Unfair Dismissal – What is the timeframe to bring an unfair dismissal claim

Tran v Littlewoods Services Pty Ltd [2020] FWCB 814 29 May 2020 An accountant has learnt the hard way the importance of bring an unfair dismissal claim within 21 days ...

Unfair Dismissal – Employees and Rights to Privacy

Jeremy Lee v Superior Wood Pty Ltd [2019] FWCB 2946 1 May 2019 In today’s work environment employees are now more likely to be tracked and measured (think cctv cameras ...

Unfair Dismissal – The Gig Economy Worker and Unfair Dismissal

Gupta v Portier Pacific Pty Ltd & Uber Eats Australia Pty Ltd [2020] FWCB 1698 21 April 2020 Nearly everyone has had an exposure to the gig economy. From online ...

Another Decision Affecting Your Casual Workforce

On 20 May 2020, the Federal Court of Australia made a decision that solidifies and upholds the key principles enunciated in the landmark case of WorkPac Pty Ltd v Skene ...

Redundancy & COVID-19 – What Happens if Your Business Cannot Pay?

Coronavirus COVID-19 has had a big impact on Australian and international businesses with many now struggling to keep their doors open. For many, they have had no choice but to ...

What is workplace bullying?

Bullying in the workplace is governed by provisions in the Fair Work Act, which defines the scope of what constitutes workplace bullying, and also explains the grounds upon which a ...

Process of purchasing a property

1. Decide to Purchase Before you commence looking for a home: Make a list of the features you are looking for in a property; Speak to your lender regarding how ...

Transfer Duty

A common question that is asked is when is my transfer duty (also referred to as stamp duty) payable? In New South Wales transfer duty is payable the earlier of ...

Owner-Builders Beware!

Did you know that if you are an Owner-Builder, you will need to ensure you receive a Home Building Compensation cover (for each component of work that is $20,000 and ...

Can a Business Legally Refuse a Cash Payment?

In a world functioning in an increasing digital age, transactions paid by bankcard are becoming the popular preference, particularly for members of younger generations. With the rise of COVID-19, the ...

Process of Selling your Property

1. Decision to Sell You decide to sell: You appoint a real estate agent; You sign an agency agreement. 2. Preparing the Contract for Sale of Land At this point, ...

Why do I need a proper Will?

Many people say they “don’t need a will” or “I’ll just get a will kit”, without realising the important consequences of not having a will. For persons in NSW, if ...

Default Listings: Key Things Every Business Must Know

For many businesses, registering a default listing against a debtor with a credit reporting agency is common practice and assists in the debt recovery process. However, many businesses are not ...

Disclosing a Murder or Drug Misuse

An agent must not fail to disclose a “material fact” that the agent knows or our should have taken reasonable steps to make themselves aware of. (An agent should take ...

What do you mean my informal Will isn’t valid?

At Adams & Partners Lawyers, we assist our clients with a range of legal services. However, one of our most thriving and knowledgeable areas is our Wills and Estates Team. ...

Buying a Property Subject to Probate or Letters of Administration – May 2020

What is a property sold subject to Probate or Administration? Buying a property subject to Probate or Administration is when a property is listed for sale and sold without the ...

COVID-19 and the Leasing Code of Conduct

Introduction In light of the global pandemic of Coronavirus (COVID-19), the Australian Federal Government, along with the State and Territories have imposed significant restrictions to prevent the spread of COVID-19. ...

Signing the Contract to Purchase Real Estate Before You See a Lawyer

It is not unusual for purchasers to be asked to sign a Contract and to pay a deposit at the Agent’s office either on a weekend or at night before ...

Family Law and COVID-19

The impact of COVID-19 and the restrictions imposed on people by the Federal and State Governments has had an impact on how the Family Law System operates. Operation of Family ...

Coranavirus (COVID-19) and Australian Businesses

The official government advice that is being given at the moment is that the best that the government can hope to do is “flatten out the curve” or limit the ...

COVID-19 (Coronavirus) & Estate Planning

The coronavirus (COVID-19) pandemic is gripping the Australian nation and creating a plethora of issues for businesses throughout the country. However, individuals are also worried about the ways that they ...

Will Covid-19 impact your business?

With Covid-19 (or coronavirus) now declared a global pandemic, one cannot help but to consider the potential impact on the economy with entire sectors now at risk. If you are ...

Jordan Springs and Llandilo Land settlement issues

You may have read recently in the Daily Telegraph (9 January 2020 & 5 March 2020) that there huge concerns of the land settling or land subsiding in the Jordan ...

Transfer Duty (formerly Stamp Duty) Exemptions and Family Law

Transfer duty is payable on property transactions in NSW. It is administered by Revenue NSW. Transfer duty is payable when you buy: Property Investment property Vacant land or farming property ...

Fencing Disputes “Good Fences Make Good Neighbours”

When buying a property, you often look to the location, views, amenity and the structure of the house. What is often overlooked is the fence dividing the property with the ...

PPSA 101 – Security Interests and the PPSA

What is a Security Interest? A security interest is an interest in personal property. Personal property includes goods or collateral other than real estate such as inventory, plant, equipment, vehicles ...

Land Tax Threshold 2020

The general land tax threshold for the year 2020 is $734,000.00. Whether you need to pay land tax on your property depends on:- The type of property; What the property ...

New Requirements for off the plan Contracts entered into after 1 December 2019

An off the plan purchase is where a property is sold without the lot being created at the time the Contract was entered. From the 1 December 2019 Vendors are ...

Intoxication as defence – “But I was drunk?”

The expression of “liquid courage” is something that is often heard by criminal lawyers. It is heard when people find themselves in difficult situations because they had been out drinking. ...

NSW Home Building Disputes in 2020

On 1st February 2012, the NSW State Government amended the Home Building Act 1989 (Home Building Amendment Act 2011) as it relates to the period for a Home Owner to ...

NSW Business Structures in 2020

Do you operate a business, or perhaps you are considering starting or buying a business in Penrith, Parramatta, Hawkesbury or Sydney? There are many different ways you could structure your ...

Drink Driving – Is the roadside test accurate?

If a person is arrested for drink driving, there are 3 standard categories which they can be placed into. These categories are low range, high range and mid-range. However, it ...

What can you take with you when you sell your property?

Unless the Contract is marked about a particular item staying at the property, you can generally take items that are easily moved and don’t cause any damage to the property ...

Signing a Contract Before Seeing Your Lawyer

Often pressure is put on the purchaser to sign the Contract on the property they have found and to pay a deposit at the Agent’s office on a weekend, or ...

HELP! I’ve received a Bankruptcy Notice!

What is a Bankruptcy Notice? A Bankruptcy Notice is a formal demand issued by a Creditor (person owed money) against a Debtor (person who owes money) for payment of an ...

Asset Preservation Orders (Freezing Orders)

An Asset Preservation Order (also known as Freezing Orders) is an interlocutory order (a temporary or provisional order, given during the course of the legal proceedings) made by the Court ...

Food Allergy Sufferers Unite!

CALLING ALL FOOD ALLERGY AND ANAPHYLAXIS SUFFERERS! Recently the Commonwealth Government announced a parliamentary inquiry into allergic diseases. This parliamentary inquiry will be undertaken the Standing Committee on Health, Aged ...

Variations Not Under A Building Contract

CAN YOU CLAIM FOR VARIATIONS THAT DOES NOT COMPLY WITH THE REQUIREMENTS UNDER THE BUILDING CONTRACT? Yes. The building contract has a specific process that the Builder and the Homeowner ...

A 2019 Guide to Medical Negligence

Human skills in medicine have come a long way, becoming more and more sophisticated as time has gone on. Surgery can still be a scary thought, but it used to ...

How do I prepare my business for sale? Do I really need a lawyer?

There are many reasons why business owners choose to sell their business, whether triggered by financial hardship, business partnership disagreements, market changes or a desire for a change. Prior to ...

The Family Law Inquiry: What is it and why should you care?

What is it? On 17 September 2019, Prime Minister Scott Morrison announced the Government will undertake a Joint Parliamentary Committee of both the House of Representatives and the Senate to ...

Do I Need A Commercial Or Retail Lease?

A Lease is a contractual agreement between a Landlord (also known as a Lessor) and a Tenant (also known as Lessee). This agreement governs the relationship between the Landlord and ...

Building Law in Penrith, Parramatta & Richmond, Hawkesbury

Adams & Partners Lawyers (“APL”) provides specialist advice on building law in the Penrith, Parramatta and Hawkesbury areas. APL operates legal offices in both Penrith and Parramatta. A topic that ...

Franchising Update Disclosure Obligations 2019

Introduction Anyone who has a passing interest in franchising will know that the Franchise Sector is under scrutiny. This article focuses on three issues where the Disclosure Obligations of Franchisor’s ...

Do I need probate if I’m from Penrith?

In areas such as Penrith, Parramatta and the Hawkesbury, many individuals in their lifetime will be made an executor of an estate. If you do not know what this means, ...

What if your spouse changes their will after you die?

Couples often make wills which are similar to each other because they agree as to who should inherit everything after both of them have died. However, problems can occur because ...

Kraft Cheesed off with Bega: Another reason to engage in Brand Protection!

In a long running Federal Court battle Bega Cheese has won the rights to use the yellow lid, yellow label and a blue or red peanut shape. In 2018 Kraft ...

What is a deposit bond?

Deposit bonds are a substitute for the cash deposit you need to pay when buying a home. The deposit bond acts as an insurance policy that guarantees the purchaser will ...

What to do when you’re served with an AVO?

Being served with an Apprehended Violence Order (AVO) is both confronting and intimidating. First and foremost, it is important for any defendant to seek legal advice. Each persons set of ...

Brand Protection 101 – The Starting Point

What Is A Brand? Your brand is the name, the images and the “look and feel” you use to describe your business, yourself or your goods and services. Brands are ...

Your Questions Answered – Termination of a Residential Building Contract in NSW

Here are some of the common questions we get asked about terminating a residential building contract in NSW: Q: Can an Owner terminate/cancel a Building Contract after it has been ...

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, ...

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 ...

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 ...

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 ...

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 ...

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: ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Building Disputes with Home Owners or Builders

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

"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. ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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) ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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!

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 ...

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 & ...

Selling Property – A handy diagram

The team has put together a handy flowchart for the sale of residential real estate. Check it out here!

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...