TressCox Lawyers Property CaseFlash: What is 'reasonably necessary' for the Court to make an order imposing an easement?
Read the latest news from each Australasian member firm, including insights from their experts. On these pages, you can read up on what’s going on across Australasia and each firms' practice areas.
TressCox Lawyers Property CaseFlash: Fraud as an exception to indefeasibility of title can only be applied if fraud can be 'brought home' to the ban
TressCox Lawyers Aged Care NewsFlash: NSW Retirement Villages Regulation Changes 2017 - increased transparency given to current and future residents
TressCox Lawyers Property CaseFlash: Do Aboriginal Objects contribute to a defect in land title?
TressCox Lawyers Property CaseFlash: Deposit monies won't easily be recovered following the termination of a contract
TressCox Lawyers Property CaseFlash: The importance of conducting a definitive and detailed property title search - a cautionary tale
TressCox Lawyers Aged Care Newsletter Article: Are you across the employment law changes that started 1 July?
TressCox Lawyers Aged Care Newsletter Article: Aged care providers encouraged to be mindful of their anti-bullying policies, procedures and training
TressCox Lawyers Aged Care Newsletter Article: Plaintiff fails to prove PTSD caused by facility's failure to support
TressCox Lawyers Aged Care Newsletter Article: 'Future of Australia's Aged Care Sector Workforce' Report released - key recommendations include broader workforce and new diversity strategies
TressCox Lawyers Aged Care Newsletter Article: National Digital Health Strategy for Australia - 7 strategic priority outcomes to be achieved by 2022
TressCox Lawyers Aged Care Newsletter Article: The issue of increasing complaints in Home and Community Care - the importance of resolving complaints early
TressCox Lawyers Property Newsletter Article: New NSW Contract for Sale and Purchase of Land 2017 Edition - update your contracts!
TressCox Lawyers Property Newsletter Article: Queensland Court requires strict compliance with notice format to validly terminate lease
TressCox Lawyers Property Newsletter Article: A comprehensive summary of changes to the Retail Leases Act NSW which apply from 1 July 2017
TressCox Lawyers Property Newsletter Article: Section 89 of the Conveyancing Act: power of the court to modify or extinguish easements
TressCox Lawyers Property Newsletter Article: Land Acquisition: Are future intended uses of land compensable?
TressCox Lawyers Employment, IR & Workplace Safety NewsFlash: Domestic violence leave and casual employee conversion - these rulings may impact your business
TressCox Lawyers Health & Aged Care NewsFlash: Australian Law Reform Commission Report on Elder Abuse - Recommendations for a National Response
TressCox Lawyers Property CaseFlash: The Option to Renew a Retail Lease: Conditions Must be Strictly Followed
TressCox Lawyers Pro Bono News Alert: Tax Deductible Gift Recipient Reform Discussion Paper - have your say
TressCox Lawyers Building & Construction NewsFlash: Introduction of liability in chain of supply and installation for non-conforming building products
TressCox Lawyers Employment, IR & Workplace Safety NewsFlash: Are you across the employment law changes for FY17/18, as of 1 July?
TressCox Lawyers Health & Aged Care CaseFlash: Weekend leave and involuntary detention under the Mental Health Act: can a hospital be held liable for a patient self-harming whilst on weekend leave?
TressCox Lawyers Health News Alert: Interrogatories and the requirement that they be 'necessary'
TressCox Lawyers Health & Aged Care News Alert: Health Apps - A Matter of Trust
TressCox Lawyers Commercial Litigation & Insolvency CaseFlash: Re Mamounia - Insolvency, Trusts and Costs
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: Protecting trusts from family members
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: Mercanti v Mercanti highlights importance of carefully considering Trustee and Appointor succession
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: Updates to legislation affecting changes of trustees in New South Wales
TressCox Lawyers Property Newsletter Article: Strata Law Reforms
TressCox Lawyers Property Newsletter Article: Fixating on Fixtures - Is the object readily detachable?
TressCox Lawyers Property Newsletter Article: Fulfilment of Obligations Under Contract: The difference between "Completion Date" and "By Completion"
TressCox Lawyers Property Newsletter Article: First Home Buyers, Stamp Duty Exemptions and Grants: A comparison between Victoria and New South Wales
TressCox Lawyers Property Newsletter Article: Privatisation of the Land Titles Office in NSW
TressCox Lawyers Aged Care Newsletter Article: Managing Digital Information in Aged Care - Is your Organisation Secure?
TressCox Lawyers Aged Care Newsletter Article: Aged Care Franchisors & Holding Companies may face significant penalties for employee underpayments
TressCox Lawyers Aged Care Newsletter Article: Opportunities for Australian aged care services - export to china market and direct investments by Chinese investors
TressCox Lawyers Aged Care Newsletter Article: Findings of the National Aged Care Workforce Report 2016
TressCox Lawyers Aged Care Newsletter Article: Mandatory Reporting Adverse Events in Residential Aged Care
TressCox Lawyers Aged Care Newsletter Article: Social Media in the Workplace - Are your Tweets in a row?
TressCox Lawyers News Alert: Digital Health: Patients as Consumers
TressCox Lawyers Property Newsletter Article: Major National Changes Taking Place on 1 July 2017 for Property Law
TressCox Lawyers Health Newsletter Article: National Digital Health Strategy: What you need to know
TressCox Lawyers Health Newsletter Article: National Disability Insurance Scheme - implications of the scheme in personal injury claims
TressCox Lawyers Health Newsletter Article: Assessing fitness to drive in elderly patients - requirements a medical practice should take
TressCox Lawyers Health Newsletter Article: Doctor sued for breach of service agreement has appeal dismissed
TressCox Lawyers Health Newsletter Article: New Expert Code of Conduct for Medical Practitioners (NSW)
TressCox Lawyers Health Newsletter Article: Inappropriate claimed Medicare benefits - Familiarise yourself with the MBS Item Number requirements
TressCox Lawyers Building & Construction News Alert: Have a building contract or defect problem? A new system starts in Victoria...now
TressCox Lawyers Commercial NewsFlash: Crowd-Sourced Equity Funding in Australia - a legal reality in 2017
TressCox Lawyers Commercial Litigation & Insolvency NewsFlash: Full Federal Court confirms reach of section 109(10)
TressCox Lawyers Commercial Litigation & Insolvency NewsFlash: Withdrawal of Offers of Compromise due to 'Change of Circumstances'
TressCox Lawyers Commercial NewsFlash: The Australian Charities and Not-for-profits Commission Charity Compliance Report 2015 and 2016 - are you compliant?
TressCox Lawyers Building & Construction NewsFlash: Recent Supreme Court case brings focus to electronic delivery of documents in security of payment proceedings
TressCox Lawyers Employment, IR & Workplace Safety NewsFlash: Franchisors & Holding Companies may face significant penalties and held responsible for employee underpayments
TressCox Lawyers Property Newsletter Article: Installing tiles may not breach by-laws, however if they create an unreasonable amount of noise it will amount to a nuisance
TressCox Lawyers Property Newsletter Article: Vendor fails in an attempt to rescind contract
TressCox Lawyers Property Newsletter Article: Vendors beware of deposits due upon completion
TressCox Lawyers Property Newsletter Article: Lessor unreasonably withholds consent to assignment of lease when the lessee had ceased trading
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: Your digital assets: Instructing your executors and attorneys and restrictions on access
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: Introduction to trusts
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: Structuring your trust deed for asset protection
TressCox Lawyers Health & Aged Care NewsFlash: Privacy Amendment (Notifiable Data Breaches) Bill 2016 passes - health service providers and aged care providers required to comply
TresCox Lawyers Health NewsFlash: Misconduct reaches beyond the grave - professional obligation and estate planning: a timely reminder
TressCox Lawyers Health NewsFlash: Digital Health: Are the professions keeping up?
TressCox Lawyers Property NewsFlash: Compulsory Acquisition Reform - significant changes due to commence in first half of 2017
TressCox Lawyers Health Newsletter Article: Privacy Guidance for Health Service Providers
TressCox Lawyers Commercial Litigation & Insolvency CaseFlash: Swan Services - NSWSC Insolvent Trading Judgment
TressCox Lawyers Building & Construction News Alert: New Building Code to contain Security of Payment provisions
TressCox Lawyers Health NewsFlash: Are you engaging in inappropriate practice? Professional Services Review Annual Report notes increase in requests to investigate cases
TressCox Lawyers Commercial Litigation & Insolvency NewsFlash: Farm Debt Mediation - where do the obligations start and end?
TressCox Health & Aged Care News Alert: Report into the Medical Complaints Process in Australia - current procedure a tool for bullying and harassment?
TressCox Lawyers Property NewsFlash: Priority Notices in New South Wales - protecting the interests of our clients
TressCox Lawyers Property NewsFlash: Are you a retail landlord or tenant? Proposed amendments to the Retail Leases Act 1994 (NSW) may affect you
TressCox Lawyers Health News Alert: Medical Practices and Unfair Contracts - a timely reminder
On 12 November 2016 the law changed to protect small businesses from unfair terms in standard form contracts. Small businesses include medical practices with less than 20 employees that enter into contracts with an upfront price of less than $300,000 per annum or $1,000,000 over a longer period.
TressCox Lawyers Health Business News Alert: Growth in the Health and Aged Care Sector - The China Trade Report
The China Trade Report was launched by the Australia China Business Council this month (November 2016). “The Long Boom: What China’s Rebalancing means for Australia’s Future” discusses the future of the Australia China trade relationship over the next 10 years and was produced by the Monash University Business School.
TressCox Lawyers Property Newsletter Article: Legal victory for Landlord in Airbnb case
Swan v Uecker  VSC 313 - Earlier this year the Supreme Court of Victoria handed down its decision in the case of Swan v Uecker  VSC 313. The case is heralded as a victory for landlords after the Supreme Court held that, by allowing Airbnb guests short-term use of their rented apartment, the tenants had breached their lease by sub-letting the property.
TressCox Lawyers Property Newsletter Article: Noosa townhouse owner prevented from joining his balconies as the area between them is common property airspace
Ainsworth v Albrecht  HCA 40 - In this case Albrecht sought approval from the body corporate to grant him exclusive use of 5m2 of the common property airspace so that he could join two existing balconies. This case demonstrates the high threshold needed to be reached to obtain an order to require a body corporate to agree to grant rights over common property to one lot owner, when the required consent of the other members of the body corporate has not been given.
TressCox Lawyers Property Newsletter Article: Landlord's consent for assignment of lease found by conduct
Chamberlain Group Pty Ltd v Kids for Life Academy Pty Ltd  NSWCA 241 - This case demonstrates that landlords should be wary when requests for consent to assignment of leases are made by tenants.
TressCox Lawyers Property Newsletter Article: Due diligence required for disposals of properties - a seminar on Property Marketing
TressCox Property Partner, Christopher Conolly presented at the Property Law Course by the Urban Development Institute of Australia at a seminar on Property Marketing. The seminar covered the due diligence required for disposals of properties from title, zoning and survey to construction documents, environmental assessment and development consent. This article explains what was covered and what is of particular interest for selling off-the-plan.
TressCox Lawyers Wealth, Tax & Estate Planning Newsletter Article: 15 Challenges to your Will - bear these in mind when considering the effectiveness of a Will
Will drafting is no longer a simple process with many traps for the unwary. The Law Society recognising this, instituted a regime where practitioners who specialised in particular areas of law are rewarded with Specialist accreditation provided an examination process is satisfied. The author of this article Christine McPhillips and I are Accredited Specialists. We are two of about 70 such specialists among a legal profession in NSW of 22,000 lawyers. Christine in this article discusses fifteen of the challenges and issues that can thwart the intentions of a will-maker.
TressCox Lawyers Health Business Newsletter Article: NSW: Industrial Relations Amendment (Industrial Court) Bill 2016
The New South Wales parliament has passed the Industrial Relations Amendment (Industrial Court) Bill 2016.
TressCox Lawyers Health Business Newsletter Article: Medical Board of Australia takes record keeping seriously
It is essential that medical practitioners maintain clear, appropriate, accurate and detailed clinical records of their discussions with their patients regarding the risks and potential complications of procedures. This article looks at a disciplinary hearing held by the Medical Board of Australia which highlights the importance of good record keeping by medical practitioners as it can be vital in the defence of allegations of a failure to provide reasonable care.
TressCox Lawyers Health Business Newsletter Article: Changes to Health Service Complaints in Victoria
Health practitioners need to be conscious of new legislation and any implications that it may have on their practice. The Health Complaints Act 2016, establishes a new legal framework for complaints about the provision of health services or the failure to provide health services in Victoria, along with a Health Complaints Commissioner and Advisory Council. This article addresses the types of providers now subject to regulation, the commissioner’s new powers and who can make a complaint.
TressCox Health Business Newsletter Article: Highlights from the Interim Report of the Medicare Benefits Schedule Review Taskforce
Recently the Minister of Health and Sport announced that a Medicare Benefits Schedule (MBS) Review Taskforce would be established to investigate how the 5,700 plus items on the MBS might be revised and updated to better align with modern medicine. This article looks at the highlights from the interim report produced, in particular the reasoning behind the review, the method of review, the services identified for early review, the key issues for review and the timeline
TressCox Lawyers Health Business Newsletter Article: Advertising Obligations for Health Practitioners
Health practitioners need to be aware that, in addition to their adverting obligations under the National Law and the Guidelines for Advertising Regulated Health Services, they should also be mindful of their obligations under the Australian Consumer Law when advertising their medical practice.
TressCox Lawyers Health Business Newsletter Article: Attending After Hours - What Practitioners Should Know to Correctly Bill Medicare
Practitioners need to be aware of the descriptors for after hours services to ensure they are billing the most appropriate and clinically relevant item, which may ultimately avoid any repayment to Medicare in the future. This article outlines six key points every practitioner should consider before billing Medicare for an after hours consultation
TressCox Lawyers Health Business Newsletter Article: The Medical Treatment and Decisions Bill 2016
Recently the Victorian Government introduced into parliament the Medical Treatment Planning and Decisions Bill 2016. The Bill provides a statutory scheme for medical decision making for people without decision making capacity through making “instructional” advance care directives, making “values” directives, appointing a “medical treatment decision maker” and appointing a “support person”. This article looks at the implications for practitioners, exclusions to the Bill and other relevant legislation.
TressCox Lawyers Health Business Newsletter Article: Are you abiding by legislative requirements when prescribing drugs of addiction to patients?
Medical practitioners should exercise caution when patients request prescriptions for specific drugs and doses and consider the most appropriate manner of management for that patients’ pain. Medical practitioners should also ensure their record keeping practices are at an appropriate standard to ensure drug dependant patients are easily identified. This article examines although it is widely accepted that medical practitioners are entrusted to prescribe drugs of addiction to patients, many medical practitioners however are often unaware that such an entitlement involves a corresponding duty to abide by legislative requirements.
TressCox Lawyers Commercial Litigation & Insolvency News Alert: Prominence - a rose by any other name: National Australia Bank fails to recover under a guarantee
In an important decision of National Australia Bank v Rice the Victorian Court of Appeal has confirmed the initial finding of the trial judge, that despite warnings as prescribed by the Code of Banking Practice being present in the guarantee documents, the context of the execution of the guarantees was such that the warnings were not sufficiently “prominent”. The lack of prominence being in breach of the Code of Banking Practice allowed a guarantor to set off funds sought from the bank for such breach and therefore escape any recovery.
TressCox Lawyers Commercial Litigation & Insolvency News Alert: Warning if seeking to rely upon signature on guarantees
The recent case in the New South Wales Court of Appeal of Williams Group Australia Pty Ltd v Crocker is instructive as to the problems that might arise where a guarantee is executed as part of trade terms and conditions by way of electronic signatures of directors.
TressCox Lawyers Aged Care Newsletter Article: Court orders $435,000 damages for workplace bullying in nursing home
In a recent Supreme Court of Queensland Court of Appeal decision a nursing home employee was awarded more than $435,000 damages for psychiatric injury caused by workplace bullying. The trial judge found that her condition was caused by her consistently excessive workload and the conduct of a fellow employee, who was the manager of the nursing home. This article serves as a reminder to aged acre providers of an employer's duty of care.
TressCox Lawyers Aged Care Newsletter Article: Residential Tenancy Agreements - an alternative to the Village Contract
As an alternative to a Village Contract under the Retirement Villages Act 1999 (NSW) an operator may allow a unit to be occupied under a residential tenancy agreement in the form prescribed by the Residential Tenancies Act 2010 (NSW). This alternative can apply to an entire retirement village or a few units in an existing retirement village.The use of residential tenancy agreements as an alternative to the Retirement Villages Act has a number of potential advantages.
TressCox Lawyers Aged Care Newsletter Article: Hands off residents' funds, says Nursing Board to aged care providers
A Registered Nurse who was a director of a residential aged care facility has recently been found to have committed “professional misconduct” by the Victorian Civil and Administrative Tribunal regarding unauthorised dealings with a resident’s funds.The recent decision serves as a reminder to aged care providers to ensure that they have strong protections around any dealings with residents' financial affairs.
TressCox Lawyers Aged Care Newsletter Article: Elder Abuse - developing a national approach to protecting the rights of elder Australians
Individuals and organisations were given the opportunity to make submissions in relation to an inquiry by the Australian Law Reform Commission which is considering the existing Commonwealth laws and frameworks which safeguard older Australians from abuse.
TressCox Lawyers Aged Care Newsletter Article: Recommendations by Queensland Coroner to Conduct Mental Health and Suicide Risk Assessments
Recently the Queensland Deputy State Coroner, John Lock, handed down his findings in an Inquest which included a recommendation given on the 'implementation of routine screening and assessment for elderly persons'. The findings have only recently been published, whether or not the Department of Health adopts this recommendation remains to be seen
TressCox Lawyers Aged Care Newsletter Article: An overview of the aged care reforms, the legislative framework, and the legal implications for providers
In the 2015 – 2016 Budget the Federal Government announced significant reforms to the way in which home care is to be provided to elderly Australians, to be implemented over two stages, from February 2017 (Stage 1), and from July 2018 (Stage 2). This article asks the question 'Why Reform?' and looks at the legislative changes of the various planned stages
TressCox Lawyers Newsletter Article: Lessor's issuing notices for breach of lease should ensure the notice is consistent with clauses within the Lease
In Fedeli and Santopadre v Alex Constructions Pty Ltd  NSWCATCD 34, Fedeli and Santopadre sought an injunction against Alex Constructions to stop the proposed development of the courtyard/garden behind the leased restaurant in question. The Lessees argued that the courtyard and toilets behind the restaurant were part of the lease and further stipulated that this land was essential for storage, garbage and toilet space. The Tribunal found that the Lessees did not have a proprietary right over the land in question and hence were unsuccessful in their application.
TressCox Lawyers Newsletter Article: NSW introduced a stamp duty and land tax surcharge for foreign investors
As we reported in our article "Announced Upcoming Foreign Investor Surcharges in NSW" in June 2016, the NSW Government has also introduced a stamp duty surcharge as well as changes to land tax.
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