Staff Promotions @ SWS Lawyers - Koreen Partridge and Emma Sheen

30/06/2022

SWS Lawyers is delighted to announce the promotion of Koreen Partridge to Senior Associate and Emma Sheen to Associate commencing from 1 July 2022.

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Corporate and Commercial

Restraints of trade - not all roses in commercial dealings

Richard Suters 03/02/2022

Commercial documents frequently contain restraints of trade designed to protect a party’s commercial interests. In this article, Richard Suters, Principal of the Corporate and Commercial team discusses the validity of restraint of trade provisions and how to avoid your restraint being successfully challenged.

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Property and Planning

Preparing for the 2022 Land Tax Year

Paul Jayne 03/02/2022

Despite our Premier, Mr Dominic Perrottet, claiming that “when it comes to our economy and the biggest impediment on economic growth, the number one area for states is taxes”, it appears that land tax is here to stay. Property owners should be aware of how land tax provisions apply to their land holdings and how much it is going to cost them.

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Property and Planning

New Water Sharing Planned for the Hunter

Paul Jayne 03/02/2022

Following the Natural Resource Commission’s (NRC) 10 yearly review of NSW water sharing plans, the NRC has recommended that the Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009 (NSW) be replaced.

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Corporate and Commercial

Changing hats – Directors’ duties and section 187 of the Corporations Act

Andrew Windybank 03/02/2022

This article discusses the limited circumstances in which a director can consider the interests of the broader corporate group and still satisfy their fiduciary duty to act in good faith in the best interests of the company. It also comments on the challenges this presents for directors in the context of an incorporated joint venture and the importance of understanding this risk to avoid personal liability.

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Corporate and Commercial

Unfair Contract Terms – Major Reforms Proposed

Richard Suters 11/11/2021

The Federal Government has released a draft bill which proposes to strengthen the unfair contract terms regime by expanding the scope of its application and introducing significant penalties for contravention. In this article, Richard Suters, Principal of the Corporate & Commercial team, discusses the proposed changes and what it will means for businesses if they are implemented.

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Property and Planning

New rules for Short-Term Rental Accommodation – don’t get caught out over the holidays!

Paul Jayne 11/11/2021

With the upcoming holidays and the easing of travel restrictions, property owners who use their property as a short-term rental accommodation need to be aware of the new rules that came into effect on 1 November 2021.

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Dispute Resolution

End of temporary COVID-19 relief allows creditors to pursue those outstanding bad debts

Susan Moran 11/11/2021

In response to the economic impacts of COVID-19, the Federal Government introduced measures to act as a safety net to assist businesses in surviving the crisis and returning to normal business operations. As a result, many creditors have withheld from chasing payments for debts that are now well and truly overdue. In this article, Susan Moran, Principal of our Dispute Resolution and Litigation practice, explores how a statutory demand can be used to recover money owed.

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Corporate and Commercial

Easing Execution of Documents – Electronic and Split Signatures for Companies

Andrew Windybank 11/11/2021

Recent temporary amendments to the Corporations Act 2001 (Cth) allow companies to execute documents (including deeds) electronically and also for split execution under section 127 of the Corporations Act 2001 (Cth). These amendments are temporary but will hopefully form the basis of permanent reform in the future.

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