ClarkeKann Lawyers

Sydney based commercial law firm that helps SME clients grow their businesses and manage risk.

[ClarkeKann Lawyers @ClarkeKann_Law]

Major changes will shortly come into effect for any business that relies on standard form contracts that could have significant consequences, including invalidity of contracts and substantial civil penalties.
https://t.co/mlnO9ktiri
#unfaircontractterms #UCT

[ClarkeKann Lawyers @ClarkeKann_Law]

The AAT has upheld the disqualification of the director of a corporate trustee of a self-managed super fund (SMSF) following several contraventions of the Superannuation Industry (Supervision) Act 1993.
https://t.co/xjgRXNUz0c
#ATO #SMSF #director #AAT #disqualification

[ClarkeKann Lawyers @ClarkeKann_Law]

Company directors who were appointed on or before 31 October 2021 have until 30 November 2022 to apply for a Director Identification Number (DIN). https://t.co/9ySUPT9Jym
#directoridentificationnumber #abrs #directors #DIN

[ClarkeKann Lawyers @ClarkeKann_Law]

In an effort to address the issue of defective work in the construction sector, the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 was introduced.
@ChrisKintis
https://t.co/9Kzha04mwr
#enforcementpowers #developers #buildingwork #construction

[ClarkeKann Lawyers @ClarkeKann_Law]

John recently celebrated the 50th anniversary of his admission as a legal practitioner. The team at ClarkeKann are honoured to share in this remarkable achievement and proud to call John a colleague and friend.
https://t.co/x628AWPnLL
#achievement #anniversary #lawyer

[ClarkeKann Lawyers @ClarkeKann_Law]

The recent decision in Donvito v Hawkesbury City Council [2022] NSWLEC 26 gives a key insight as to what circumstances will result in consent for staged developments lapsing.
https://t.co/6hu7SOh2fA
#localcouncil #developmentconsent #courtdecision

[ClarkeKann Lawyers @ClarkeKann_Law]

A recent Land and Environment Court decision has highlighted the importance of taking into account subjective matters when issuing a development control order.
https://t.co/yX3fmBOVTt
#localcouncil #zoning #appeal

[ClarkeKann Lawyers @ClarkeKann_Law]

The Court has recently extended the operation of the Local Government (COVID-19) Splinter (Interim) Award 2021, which includes various additions such as conditions for leave for vaccinations and working from home.
https://t.co/G4FMmmTeYG
#covid19legalupdate #localgovernment

[ClarkeKann Lawyers @ClarkeKann_Law]

Despite the owner terminating a building contract for serious delay, a recent Supreme Court decision found that the builder was entitled to recover full payment.
https://t.co/qyMO8j3mJc
#debtrecovery #supremecourt #buildingdelays #contracttermination

[ClarkeKann Lawyers @ClarkeKann_Law]

The NSW Government has recently consolidated 45 SEPP instruments into 11 new SEPPS with the aim of simplifying the planning policies. Learn about the changes here.
https://t.co/GExHSKiXoF
#environmentalplanning #epaact #localgovernment #councils #developers #planning

[ClarkeKann Lawyers @ClarkeKann_Law]

There is hope that the introduction of a new type of investment vehicle will make Australian funds more attractive to offshore investment.
https://t.co/WHiAVrmQXh
#corporatecollectiveinvestmentvehicles #cciv #asic #funds

[ClarkeKann Lawyers @ClarkeKann_Law]

Changes to stamp duty are on the horizon, with the scope of dutiable transactions set to include acknowledgement of trusts and changes in beneficial ownership. Read more about the proposed reforms here.
https://t.co/BwcO8DQEza
#stampduty #dutiable #DutiesAct #tax #transaction

[ClarkeKann Lawyers @ClarkeKann_Law]

A recent High Court, which found that the lender of an asset-based facility acted unconscionably and ordered that the loan and mortgage be set aside, has significant implications for asset-based lenders. https://t.co/aBYGGhbIaw
#assetbasedlending #unconscionableconduct #HCA

[ClarkeKann Lawyers @ClarkeKann_Law]

ASIC's decision not to pursue ex-Crown directors offers a timely opportunity to consider the scope of directors' reliance in discharging their duties.
https://t.co/HrcSGvWuNl
#ASIC #Crown #directors #governance #reliance

[ClarkeKann Lawyers @ClarkeKann_Law]

The High Court recently handed down two decisions that mark a significant shift in how employment and independent contractor relationships are determined.
https://t.co/lsV7GfJyFl
#employee #contractor #contract #guidance #highcourt

[ClarkeKann Lawyers @ClarkeKann_Law]

With the global market for non-fungible tokens (NFTs) currently exploding in the cryptocurrency world, our IP Team looks at how the purchase, sale, ownership, rights of use and the copyright associated with NFTs is regulated in Australia. https://t.co/EhtjlGmS3t
#copyright #NFTs

[ClarkeKann Lawyers @ClarkeKann_Law]

The ATO is ramping up recovery following the easing of COVID-19 restrictions, using Director Penalty Notices as a mechanism for debt collection. Understanding how they operate is important for any director.
https://t.co/fVwU1JVxI9. #directorpenaltynotice #DPNs #ATO #taxationlaw

[ClarkeKann Lawyers @ClarkeKann_Law]

The Court of Appeal has provided clarity as to whether the protection afforded to public authorities under s 43A of the Civil Liability Act 2002 (NSW) applies to the issuing of planning certificates by councils https://t.co/DYRTXkx76b
#courtofappeal #civilliabilityact #council

[ClarkeKann Lawyers @ClarkeKann_Law]

After an 18 month trial period the NSW Parliament has now made the temporary provisions which allowed for the remote witnessing of important legal documents such as wills, statutory declarations and affidavits, permanent.
#remotetransactions #witness
https://t.co/5IwdquptsH

[ClarkeKann Lawyers @ClarkeKann_Law]

From 11 October 2021, all Certificates of Title will be abolished as will the control of the right to deal (CoRD) framework in NSW. https://t.co/RWCP5jLcKT
#realestatefinance #mezzaninelending #secondmortgage #PEXA