Legal Articles
commercial lease

A question which is often asked when parties enter into a commercial lease is whether the lease should be registered on title to the property. This article summarises the advantages and disadvantages associated with registration of leases. Advantages of Commercial Lease Registration The principal benefit of registration of a commercial lease is, it provides the tenant “indefeasible” possession to the premises pursuant to law and in accordance with the terms of the lease. What this means is that the tenant’s interest in the premises will be protected from events which may affect title to the property, such as if the… Continue Reading

Arty Scales of Justice

The conduct of court litigation to achieve effective outcomes for a client is an art born out of experience and a proper understanding of the limitations of the court process.  Any seasoned litigator will be able to relate tales of “winning the unwinnable” case and losing what was believed to be the “unloseable case” because of the unpredictable manner in which such disputes can unfold. Some of the factors contributing to the inherent uncertainty in litigation can be: The ability of a client to perform well in the witness box and convey their evidence to the court in a clear and… Continue Reading

money

What is a Director Penalty Notice? If you are a director of a company, even if you do not have anything to do with the day to day running of the company, you should be aware that the Australian Taxation Office is able to pursue you as an individual for certain company debts including Pay As You Go withholding tax and Superannuation Guarantee Charge. Before the Australian Taxation Office can commence proceedings against you personally, they must issue a Director Penalty Notice and send it to you. The Director Penalty Notice causes a director to have personal liability for the… Continue Reading

Money Scrabble

What is a Statutory Demand? A Statutory Demand is a demand for payment of a debt by a creditor on a company pursuant to Section 459E of the Corporations Act2001 (Cth). A Statutory Demand can be issued against a company for a debt which exceeds $2,000.00 when there is no genuine dispute as to liability for payment. What you must do if you receive a Statutory Demand The first thing you must do when you receive a Statutory Demand is to contact your solicitor immediately for specific legal advice.  Statutory Demands have a 21 day compliance period which means that… Continue Reading

Go to top