News

At a time when innovators and startups across Newcastle and the Hunter Valley are lauded for their achievements, many people in the industry can appreciate that developing new innovations and bringing them to market is no simple task and, considering the current economic climate, it’s a task that is becoming increasingly challenging. Many Hunter startups attempt to grow organically or seek out venture capital investment, without fully exploring other, perhaps less common, alternative routes to growth. It is well documented that the extent of organic growth can be limited due a range of factors, including the level of debt available to the business, the level of entrepreneurial spirit in the business and its historical and expected financial performance.

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Long awaited reforms to Australia’s unfair contract terms laws come into effect in November making it an offence to enter into a standard form consumer or small business contract that contains an ‘unfair term’.

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On 1 January 2023, the Retail Leases Regulation 2022 (NSW) came into effect. This expanded the businesses prescribed as retail shops in NSW. This article is a timely reminder to both lessors and lessees to be aware of such changes to determine whether their leases are subject to retail leasing obligations imposed by the Retail Leases Act 1994 (NSW).

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Easements just got more complicated. The recent decision of the Land and Environment Court in CKDI Pty Ltd as trustee for CKDI Unit Trust v Ku-ring-gai Council (2023) NSWLEC means that applicants of a development application must obtain owner’s consent from any adjoining landowner over whose land an easement is proposed prior to Council determining the application, rather than relying on a deferred commencement condition.

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SWS Lawyers is excited to announce that we are moving to a new office location on Friday, 30 June 2023, ready for business at the new premises from Monday 3 July 2023.

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