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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Corporate and Commercial

Contract notice provisions are worth noticing

Richard Suters 09/09/2021

COVID-19 is causing havoc and creating volatility with supply chains, labour availability and project scheduling. In this environment, it has never been more important for parties to be on top of the management of their contracts. Now is not the time to be relying on the relationship and not reading the contract.

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Property and Planning

Modification of Development Consents

Paul Jayne 07/09/2021

Section 4.55 of the Environmental Planning and Assessment Act 1979 allows a landowner/developer to apply to Council to modify a development consent. The power to modify a consent has been described by the Council as beneficial and facultative, but not unconstrained. A recent NSW Court of Appeal decision [Ku-ring-gai Council v Buyozo Pty Ltd (2021) NSWCA 177], has caused some consternation in the development industry. Some industry feedback has been that the modification power is now significantly weakened and developers are no longer able to rely on it to make small adjustments to their projects.

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Property and Planning

COVID-19 Commercial Leasing Update for Landlords & Tenants in 2021

Paul Jayne 07/09/2021

COVID-19 continues to impact and complicate our lives in many ways. One of the more recent changes by the NSW Government has been by way of further amendments to retail and commercial leasing. Our Property Team at SWS Lawyers have set out those changes below in order to continue to help our clients navigate this labyrinth.

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SWS LAWYERS COVID-19 RESPONSE STATEMENT (UPDATE 5 August 2021)

05/08/2021

Property and Planning

Harsh, Unconscionable and Oppressive By-Laws

Paul Jayne 28/07/2021

In 2020, the New South Wales Court of Appeal unanimously decided that a blanket ban on owners in a strata scheme keeping animals was invalid due to it being harsh, unconscionable or oppressive. Owners Corporations should consider whether any by-laws, particularly any “blanket” type by-laws, in their strata scheme would be invalid for being harsh, unconscionable or oppressive, particularly before issuing breach notices to owners.

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Property and Planning

Update: Design & Place SEPP

Paul Jayne 28/07/2021

The Department of Planning, Industry and Environment (DPIE) have released a response or summary of the stakeholder submissions to the Design and Place SEPP: Explanation of Intended Effect.

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