Blog

We're separating and our assets are all in trust. Does that mean I get nothing?

The Property (Relationships) Act 1976 determines what is and is not "relationship property" and which assets should be divided equally between de facto partners and spouses on separation. It also defines "separate property" as assets owned by one partner alone and not to be shared equally. But in a country with the highest number of trusts per capita in the world, what happens if your assets are held in trust?

By Telise Kelly - 18 Aug 2019

Issues to be considered when work is suspended on a building project

Not all building projects run smoothly and for one reason or another, there may be a point where building work is suspended. Should the building project end up in that position, both parties to the building contract have obligations and there are a number of matters to consider.

By Pierce Bedogni - 7 Aug 2019

Banks and Disclaimers and the Little Guy

Do you feel that the law always seems to favour the Banks (the big guys) against the little guy? In Court, the Banks are always well funded and have technical arguments readily available to them. All, however, is not lost. The recent Court of Appeal decision in Bushline Trustees struck a blow for the little guy.

By Tony Johnson - 9 Jul 2019

Employee? Contractor? Why does it matter?

Sometimes the distinction between an employee and an independent contractor is unclear. In the eyes of the law however, the difference is profound.

By Terri Gough - 21 Jun 2019

Protecting your company from IP theft by employees

Employees are said to be a business's greatest asset, but they can also be its biggest threat. With the rise of the digital workplace, it's easier than ever for departing employees to steal intellectual property and confidential information.

By Claire Mansell - 13 Jun 2019

A speedy and cost efficient road to justice

A complaint of the court system is that justice comes too slowly and at too great a cost. Is there a way to obtain a relatively speedy judgment at a reduced cost? For some claims - the answer is 'yes' and the way to achieve it is to issue summary judgment proceedings.

By Andrew Steele - 10 Jun 2019

Martelli McKegg strengthens litigation offering with new partner hire

We are delighted to announce that Jacque Lethbridge joined the partnership effective 1 June 2019.

By Mike Worsnop - 1 Jun 2019

Does your subcontract expose you to high risk?

Cashflow is the very life blood of most industries. None more so than the construction industry. However, despite changes to building laws, multiple failures in recent months have shown that many subcontractors still struggle to get paid.

By Geoff Hardy - 30 May 2019

If you sign a building contract, can you change your mind and cancel it?

This situation arises surprisingly often. Occasionally the builder finds that he has over-committed himself, and doesn't have the resources to do justice to all the projects he has on the go. Sometimes that is because the building firm has lost one or more of its experienced personnel through death or natural attrition. Or the builder might discover that the property owner is very difficult to deal with and it is clear that they are going to be at loggerheads throughout the entire duration of the project. Of course the property owner might reach the same conclusion about the builder, and want to be rid of him. Or the property owner might simply run out of money, or discover that the project is going to turn out a lot more expensive than anticipated, perhaps because the site requires a lot of excavation and removal of rock, or the building contains asbestos which is going to take months to remove safely.

By Geoff Hardy - 27 May 2019

How the new Family Violence Act could affect you

The Family Violence Act 2018 will shortly come into force replacing the Domestic Violence Act. This new Act is designed to give the courts better guidance about the nature and impact of family violence.

By Surendra Bennett - 17 May 2019