News and latest insights.
When tragedy strikes – the impact of death of a parent after separation
Children of separated households have often experienced significant grief, trauma and possibly conflict in their ...
Director Liability for Unpaid Employee Superannuation Entitlements
In certain circumstances, company directors can be personally liable for the amount of any employee superannuation ...
Contract negotiations – becoming bound before you intend to be
Every person, at some stage of their lifetime, will be required to participate in a negotiation to give effect to ...
Combatting illegal phoenix activity
The federal government in an effort to combat illegal phoenix activity has introduced the Treasury Laws Amendment ...
Room for improvement in police handling of withheld children
A New South Wales coronial inquest into the death of a father and daughter yesterday recommended a change in ...
“Best Endeavours” and “Reasonable Endeavours” Obligations in Commercial Contracts
Commercial contracts often impose obligations on a party to use their “best endeavours” or “reasonable endeavours” ...
Special Skills v Non-Financial Contributions – Countering The “You Have Done Nothing” Argument
In a lot of relationships, there are what are known as “traditional” roles adopted. Those roles see one party ...
The Importance of Design Rights in Australia
While many readers would be familiar with the concept of a registered trademark or patent, as well as copyright, ...
Jurisdictional Disputes In Family Law – Where Equity, Property Law and the Family Law Worlds Collide
In a recent decision, the Federal Circuit Court of Australia at Lismore was charged with making a decision about ...
The Importance in Conducting Proper Due Diligence during a Business Sale
Businesses come in many different shapes, sizes and structures. Acquiring an existing business can often be far ...
“Toxic” school attendance ruled against by Court
Today the Courier Mail reports upon a decision of the Federal Circuit Court regarding a child’s attendance at what ...
Does your PPSR Registration Require Renewal?
The Personal Property Securities Act 2009 (Cth) (‘PPSA’) came into effect nearly seven years ago on 30 January ...
News Flash – A step in the right direction in 2019?
Practice Direction 1 of 2019 from the Federal Circuit Court of Australia issued last week, providing for a new ...
Increased Penalties for ACL Breaches
On 18 September, legislation increasing penalties under the Australian Consumer Law (ACL) came into effect. The ...
The Essence of Casual Employment
The term ‘casual employee’ is not defined in the Fair Work Act 2009 (Cth) (‘Act’), nor is it generally defined ...
Fraudulent Mortgages – What are your rights?
The reported cases are littered with examples of a relative or business associate (the “fraudster”) of a property ...
Mediation in property settlement disputes – Why it is important and how to make it work
At Marino Law, we are unashamedly advocates of early alternative dispute resolution in property settlement ...
How can a Restraint of Trade Clause affect your business?
Restraint of trade clauses are prevalent in all industries throughout Australia and the majority of Australians ...
Defamation – They Say, You Pay
In short, defamation is the publication of material which carries imputations that cause harm to the reputation of ...
What is the ‘Harvey Weinstein’ clause?
The Emergence of Social Due Diligence in Mergers and Acquisitions
The momentum that has been built since the ...
To have and withhold
Highly acclaimed SBS programme Insight last night featured a discussion on Binding Financial Agreements or as ...
Joinder of Solicitor to Federal Circuit Court proceedings sounds clear warning bell to Family Lawyers who advise on Binding Financial Agreements
On 6 June 2018, Her Honour Judge Cassidy in the Federal Circuit Court of Australia granted permission to join a ...
Parenting Disputes – When the Private and Public Legal Worlds Collide
Safety issues are, rightfully, a cause of significant concern for parents who are parties to family law ...
More Taxes on the Queensland Property Market from 1 July 2018 – Land Tax and Additional Foreign Acquirer Duty set to increase
Having only come into effect on 1 October 2016, the initial 3% rate of Additional Foreign Acquirer Duty (“AFAD”) ...
