By Josephine Mammone (Trainee Lawyer), Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On 27 October 2017, the Federal Court imposed a significant penalty, totaling $1 million, against financial services firm NSG Services Pty Ltd (NSG) in what ASIC has described as ‘the first civil penalty imposed on a financial services licensee for breaches … Read more
A recent Federal Court decision regarding the unfair contract terms regime provides valuable guidance for businesses regarding the types of terms which may be declared void. Background In November 2016, the existing unfair contract term protections for individual consumers were extended to cover standard form contracts with small businesses. The effect of this … Read more
A Testamentary Trust is a trust created under a Will, which comes into effect only after the death of the person making the Will (the Testator). Essentially, upon the death of the Testator, their assets belong to the Trust, rather than going directly to any beneficiary of the Will. By choosing independent trustees for your … Read more
Jennifer Huppert, Special Counsel at KHQ Lawyers and President of the Jewish Community Council of Victoria joined Jack Stuk on JOY Law to discuss the Jewish community response to the debate over marriage equality and the Australian Marriage Postal Survey. Jennifer spoke about: the Jewish Community Council of Victoria’s call for respect and decency in the marriage equality … Read more
Amelia Edwards, lawyer in our Corporate & Commercial team, joined me on JOY Law to discuss religious freedom, discrimination and the Australian Marriage Postal Survey, including: religious organisations and exemptions from discrimination; existing legal protection for religious freedom (for example, not having to ordain a priest who is transgender); commercial enterprises and discrimination; potential implications … Read more
As the debate over the Australian Marriage Law Postal Survey heats up, Amelia Edwards joined me on JOY Law to talk about legal protections against defamation and vilification, including: free speech versus hate speech; freedom of communication on political matters; Vote YES, Vote NO campaign communications; legal protections against defamation and vilification; cyber bullying and … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Your company has been served with a Form 509H Creditors Statutory Demand for Payment of Debt – what happens next? In our earlier post titled ‘Statutory Demands – the pros and the cons‘ we discussed the use of Statutory Demands by creditors to recover debts … Read more
By Clea Cole (Lawyer) and Darren Sommers (Principal Solicitor) Last month, the Honourable Kelly O’Dwyer MP announced that the Turnbull Government would be introducing new laws in a bid to crack down on illegal phoenixing activities that cost the Australian economy up to an estimated $3.2 billion per year. What are phoenixing activities? “Phoenixing” occurs … Read more
Great question from a JOY Law listener this week: “I’m in a new relationship with a woman, and she’s pregnant. The donor is known to her. Will I be the child’s mother if we marry?” Listen to the JOY Law podcast by clicking here. If you’d like the team to answer a question on air, … Read more
