ByLawyers News and Updates

Business and Franchise NSW

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Business and Franchise

OCTOBER 
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
    • Clause added on payment of fees when purchaser not proceeding
JULY
  • The purchase of business commentary was updated to reflect the recent stamp duty amendments abolishing duty on most business assets.
JUNE
  • Amendments to dutiable property effective 1 July 2016.
APRIL
  • New precedent added – Enclosure – Applying for Trade Marks
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Employment Law

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Employment Law

JANUARY
  • Commentary added on “Cashing out annual leave”
NOVEMBER 
  • Further Information – Added new links
  • Costs Agreements – Reference to interstate costs laws added and updated interest clause
OCTOBER
  • Costs Agreements
    • SA and WA – Added client and firm fields company execution clause trust account details solicitor’s lien.
    • WA – Added clause on scale fees.
    • NSW/VIC – Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
  • New article – Out-of-hours employee misconduct and social media misuse
SEPTEMBER 
  • New article added – Beware the trap of the disgruntled employee – Part 2
AUGUST 
  • Costs agreements have been added for Tasmania, ACT and Northern Territory.
JUNE 
  • Commentary updated in line with Fair Work Commission’s high income threshold for 2016. The threshold is relevant for the purposes of protection from unfair dismissal, compensation available from an unfair dismissal claim and the applicability of modern awards to certain employees.
APRIL 
  • New article published – Beware of the trap of the disgruntled employee – Part 1
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • New commentary on casual employees included.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Estates VIC

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Estates

DECEMBER
  • Added to Further Information – link to LIV Capacity Guidelines and Toolkit
  • Update link regarding AFSA notes on making deceased estate bankrupt
OCTOBER
  • Initial letter to executor confirming instructions/Initial letter to spouse executor – Added paragraph on SRO notifications regarding interim distribution.
  • Commentaries – Author update on superannuation – notification of death and disappointed beneficiaries.
  • Commentaries – Update on deceased estates and foreign resident capital gains withholding payments.
  • New LINKS TO LPLC guide for executors.
  • New precedent – Letter to attorney re signing acceptance.
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER
  • To do list – two new precedents summarising activities to be undertaken in a Probate or Administration matter.
  • Update links to Second Schedule to the Trustee Act 1958.
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
JUNE 
  • LINKS TO Supreme Court Victoria – Probate Online Advertising System – Reseal advertisement – This precedent previously just contained a link to the POAS web site. It now also contains three examples of advertisements for reseal of probate, reseal of letters of administration and reseal of administration will annexed.
MAY
  • New precedent – Initial letter to creditor confirming account.
  • Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • New precedent added to Probate guide – Exemplification or office copy request
  • New content added to commentary re:
  1. deceased intestate;
  2. renunciation;
  3. documents required for grant of probate;
  4. marks on wills;
  5. multiple copies of will;
  6. testamentary capacity;
  7. distribution;
  8. accounts;
  9. further information links.
FEBRUARY 
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
  • In Probate and Letters of Administration VIC guides the commentary on dealing with the administration of assets has been expanded. What points should be considered in the sale of assets and distribution of the estate? What taxation, investment, debt, accounting and cost disclosures should be considered?

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