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Category: Areas of Law

MM-Blog Content 13 JUL 2023 - 09
​​Key Considerations When Applying for an Australian Credit Licence
Applying for an Australian Credit Licence (ACL) can be a significant step for businesses in the financial services industry. Whether you are a lender or broker providing credit-related services, obtaining...
Strata Article 23 AUG 2023 LI
To Litigate or Not to Litigate: A Case Study
“How can we resolve our dispute without ongoing and expensive litigation?  The Madison Marcus strata defects and dispute resolution team is dedicated to achieving cost-effective solutions for our clients and...
Strata Article 21 AUG 2023 LI
Strata Renewals – You must get the process right
In 2016, the new strata renewal process, also known as collective sales, came into effect under Part 10 of the Strata Schemes Development Act (SSDA).  This process allowed 75% of...
MM-Blog Content 13 JUL 2023 - 08
How to Identify and Assess Modern Slavery Risks in Your Business
Modern slavery is a grave issue that affects millions of people worldwide. According to the latest Global Estimates of Modern Slavery in 2021, a staggering number of individuals, approximately 50...
MM-Blog Content 13 JUL 2023 - 07
How to Avoid Green Bond Scams
Recently, the Australian government has announced plans to issue its first-ever green bond in 2024. Unfortunately, with the increasing popularity of sustainable investing and ESG in Australia, scammers have sought...
MM-Blog Content 13 JUL 2023 - 05
What Are The Rights of A Beneficiary in a Will? 
Becoming a beneficiary in Australia is a significant event that carries both legal and personal implications. A beneficiary is an individual who is designated to receive assets or benefits from...
MM-Blog Content 13 JUL 2023 - 04
NSW Land Tax Essentials: Who Pays and How to Calculate It?
As the Valuer General determines land values on the 1st of July in accordance with the Valuation of Land Act 1916, it’s crucial to grasp the essentials of land tax...
MM-Blog Content 13 JUL 2023 - 03
When Do You Need a Property Lawyer for Land Tax Matters in NSW?
Are you a property owner or investor in New South Wales (NSW) wondering when it’s necessary to seek assistance from a property lawyer for land tax matters? Understanding the role...
MM-Blog Content 13 JUL 2023 - 01
6 Signs Your Business Is Insolvent
Running a business is no small feat, especially in a fast-paced and ever-changing economic landscape. If you are an Australian entrepreneur, you know firsthand the excitement and challenges that come...
PEG Case Law Update 31 JUL 23 LI
Case Law Update – Physical Commencement of a Development Consent 
A recent decision of the Land and Environment Court in Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79 is an example of the pitfalls in attempting...
MM-Blog Content 24 MAY 2023 - 010
When Do You Need FIRB Approval in Australia?
Are you considering investing or expanding your business in Australia? While investing in a foreign country can be an exciting endeavour, it’s important to navigate the legal requirements to ensure...
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Welcoming Christopher Frankish: Our New Financial Services Legal Expert at Madison Marcus
Madison Marcus is delighted to introduce Christopher Frankish as our latest addition to the firm. Chris brings a wealth of experience and expertise in Financial Services, specialising in Governance, Regulatory...
Insolvency 02 MAR 23 Blog
INSOLVENCY IN THE CONSTRUCTION INDUSTRY
Written by Cristian Fuenzalida The construction industry has faced significant challenges over the past year, with the impacts of Covid-19, including border restrictions and material shortages, ultimately impacting construction costs...
MM-Blog Content 24 MAY 2023 - 09
Why Hire a Lawyer for FIRB Matters
In an era of global connectivity, foreign investments play a vital role in shaping economies and driving innovation. However, they also raise important considerations surrounding national interests, economic security and...
MM-Blog Content 24 MAY 2023 - 08
How Does the Safeguard Mechanism Work?
ions. With environmental concerns taking centre stage in current events, understanding how this mechanism works has become more crucial than ever.  In this article, we will explore how the Safeguard...
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Unleashing the Secrets of a Deal Maker: Insights from Ramy Qutami, Sports & Entertainment Partner of the Year Nominee
If you haven’t already, it’s time to take note and learn from the expertise of Ramy Qutami, a force to be reckoned with in the world of deal-making. As a...
MM-Blog Content 24 MAY 2023 - 07
Why Does the NGER Act Matter?
e National Greenhouse and Energy Reporting (NGER) Act 2007 is a prime example of this trend.  If you’re a business owner in Australia, it’s essential to understand how this legislation...
MM-Blog Content 24 MAY 2023 - 06
Australian Visa Applications: How to Pass the Character Test
If you’re planning to migrate to Australia, you’ll likely face a character test as part of your visa application. The character test is designed to ensure that only those who...
MM-Blog Content 24 MAY 2023 - 05
A Guide to the Temporary Skill Shortage Visa: Who Qualifies and How to Apply
nities is the Temporary Skill Shortage Visa (TSS Visa), which enables skilled workers to live and work in Australia for up to four years. But understanding the TSS visa application...
MM-Blog Content 24 MAY 2023 - 04
What Do Easements Mean for Your Land Rights?
e significant implications for property owners and developers alike. If you want to understand more about property law, this article is for you. We’ll provide an overview of what easements...
MM-Blog Content 24 MAY 2023 - 03
EPBC Act: What Project Developers in Australia Should Know
nment for future generations. That’s where the EPBC Act comes in. This legislation, also known as the Environment Protection and Biodiversity Conservation Act 1999, is designed to protect and manage...
MM-Blog Content 24 MAY 2023 - 02
When Should You Dispute A Debt?
Have you ever received a notice from a debt collector and felt overwhelmed, unsure of your rights or what to do next? You’re not alone. With the economic impact of...
MM-Blog Content 24 MAY 2023 - 01
How to Protect Yourself from Litigation in Franchise Agreements
Franchising has become a popular way for many Australians to start their own business. According to IBISWorld, there are 1,267 franchising businesses in Australia as of 2023. However, the franchising...
MM-Blog Content 24 APR 2023 - 010
How To Avoid Insolvency in Your Construction Company
Australia’s construction industry is a significant contributor to the country’s economy, generating jobs and growth across the nation. However, the industry is also known for its financial volatility, with many...
MM-Blog Content 24 APR 2023 - 09
What Is the Limitation of Liability in Construction Contracts?
In the construction industry, disputes and claims arising from projects can cause significant financial and reputational damage to all parties involved. As a business owner, you may be familiar with...
MM-Blog Content 24 APR 2023 - 08
Top 5 Common Strata Disputes and How to Resolve Them
If you’re a property owner in Australia, chances are you’re familiar with the concept of strata. Strata refers to the ownership of part of a property, such as a unit...
MM-Blog Content 24 APR 2023 - 07
What Should You Do If You Have A Strata Dispute? A Guide For Property Owners
Strata living has become increasingly popular in Australia, with around 1 in every 7 people in NSW living in buildings with strata schemes. Strata living refers to a type of...
MM-Blog Content 24 APR 2023 - 06
What Impact Will the Fair Work Legislation Amendment Act Have On Businesses?
The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022, which received Royal Assent on December 6, 2022, introduces changes to several Acts that are pertinent to the Commission’s...
MM-Blog Content 24 APR 2023 - 05
How to Avoid Greenwashing in Your Australian Business Practices
The Australian Competition and Consumer Commission (ACCC) recently announced that it is cracking down on companies that engage in greenwashing. This comes in response to a survey conducted by the...
MM-Blog Content 24 APR 2023 - 04
How Does Child Support Work in Australia?
Child support is an important aspect of family law in Australia, providing financial assistance to help children receive the care and support they need. In essence, child support is a...
MM-Blog Content 24 APR 2023 - 03
How Often Should You Update Your Will?
Planning for the future can feel overwhelming, but having a will in place is an essential step in ensuring your assets are distributed according to your wishes. However, creating a...
Harman Undertaking Article 04 MAY 2023 LI
Implications of impliedness: The Harman undertaking
The recent decision of the NSW Supreme Court in NSW Mobile Fleet Services Pty Ltd v Max Mobile and Detailing Pty Ltd (NSW Mobile Fleet Services) reminds practitioners of the Harman undertaking, an...
MM-Blog Content 24 APR 2023 - 02
What Australian Businesses Should Know About ASIC Relief
Australian businesses operating in regulated industries are subject to numerous rules and regulations that must be adhered to in order to maintain compliance with the Australian Securities and Investments Commission...
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Direct Pathway to Australian Citizenship for New Zealand Citizens
A Game-Changing Update Effective 1 July 2023 Direct pathway to Australian citizenship for New Zealand citizens from 1 July 2023 On 22 April 2023, the Australian Government announced a direct pathway...
MM-Blog Content 24 APR 2023 - 01
Navigating AFSL License Applications: Your Guide to Compliance
If you are planning to provide financial services in Australia, you may need to apply for an Australian Financial Services License (AFSL). The AFSL application process can be complex and...
MM-Blog Content 10 MAR 2023
What Environmental Laws Affect the Construction Industry in Australia?
Real estate development is a crucial driver of Australia’s economy, but it is also subject to a range of environmental laws that must be considered. The country has comprehensive environmental...
MM-Blog Content 9 MAR 2023
4 Reasons You Need Construction Lawyers in Australia
As a property owner, developer, contractor or supplier in Australia’s construction industry, you’re exposed to various risks and legal issues. Whether you’re dealing with contract disputes, construction defects, payment claims,...
MM-Blog Content 8 MAR 2023
What Are the Different Visa Options for Joining Family in Australia?
Australia is a popular destination for migrants seeking to join their family members who are already living in the country. In 2020, the country had a migrant population of more...
MM-Blog Content 7 MAR 2023
Why You Need an Immigration Lawyer for your Business Innovation and Investment Visas in Australia
If you are planning to invest or start a business in Australia, you may need to navigate the complex Australian immigration law to obtain a Business Innovation and Investment visa....
MM-Blog Content 6 MAR 2023
Why Trade Finance Is a Win-Win Solution for Lenders and Corporates
Trade finance is a crucial aspect of international commerce, allowing corporations to secure the funding they need to conduct business globally. While many companies may be hesitant to engage in...
MM-Blog Content 4 MAR 2023
How to Mitigate the Legal Risks of Modern Slavery in Your Business Operations
Modern slavery is an issue that affects many businesses in Australia and around the world. It is not only a moral issue, but it also poses significant legal risks for...
MM-Blog Content 3 MAR 2023
ESG and Supply Chain Management: Legal Risks and Opportunities for Australian Businesses
As the world becomes more conscious of the impact of business activities on the environment and society, environmental, social and governance (ESG) investing has gained traction. ESG is a set...
MM-Blog Content 2 MAR 2023
Strategies for Successful Post-Merger Integration in Australia
As a business owner in Australia, the decision to merge with another company can be a strategic move that brings numerous benefits, such as increased market share, cost savings and...
Strata article 22 MAR 2023 Blog-1[93]
TIME LIMITS FOR DAMAGES CLAIMS FOR FAILING TO MAINTAIN COMMON PROPERTY
It is well known that owners corporations have to maintain their common property and keep it in a state of good and serviceable repair (section 106(1) of the SSMA). If...
Blog-Content-2-MAR-2023-010
Commercial Law Firm vs. In-House Counsel: What's Right for Your Business?
If you are a business owner or decision maker, then you may be wondering whether to hire a commercial law firm or an in-house counsel for your legal needs. Both...
Blog-Content-2-MAR-2023-09
The Importance of Employment Contracts in Australian Workplace Law
As an employer or an employee in Australia, you need to understand the legal framework governing the employment relationship. One of the key elements of this framework is the employment...
MM Feedback - 09 MAR 2023 blog v2
Navigating the Australian Immigration Process with the Help of Lawyer Angelle Kourkoutsis
Are you planning to migrate to Australia? Whether you’re seeking permanent residency, a work visa, or a student visa, the Australian immigration process can be daunting and complex. Fortunately, you...
Blog-Content-2-MAR-2023-08
What Businesses Need to Know About Modern Slavery and Legal Liability
Modern slavery is a global issue that affects millions of people. It occurs when individuals are forced into labour or held against their will for the purpose of exploitation. Unfortunately,...
Strata Article 14 MAR 2023 Blog v2
COST RECOVERY BY-LAWS –
ARE THEY ENFORCEABLE?
We are often asked to prepare “cost recovery” by-laws to recover costs that an owners corporation incurs as a result of by-law breaches. The costs sought to be recovered usually...
Blog-Content-2-MAR-2023-07
How to Avoid Commercial Litigation: Tips for Australian Business Owners
Commercial litigation law can be a costly and time-consuming process for any business. In Australia, it encompasses a wide range of legal disputes that can arise in the course of...