NEWS

A well drafted set of terms and conditions is an important way to protect your agribusiness, manage risk, clarify expectations upfront, avoid misunderstandings and build trust with customers.

The Full Federal Court has handed down the decision Killer Queen, LLC v Taylor [2024] FCA 364 in which Katheryn Hudson (better known by her stage name ‘Katy Perry’) was successful in overturning a decision that she (and her associated corporate entities) had infringed a registered trade mark for ‘Katie Perry’ owned by an Australian clothing designer, Katie Taylor (formerly Katie Perry before marriage).

Receiving a letter of demand alleging copyright infringement can be daunting. However, allegations of infringement should not be ignored, so as not to be exposed to significant additional damages. A recent decision from the Federal Court highlights the importance of acknowledging such demands.

Disputes involving promises about the future of the family farm are common and highlight the importance of succession planning.

Developers are increasingly looking to contract with rural landowners to develop wind farms and other forms of renewable energy.

Harwood Andrews is proud to have advised on one of Queensland’s most substantial affordable housing projects, which will change the lives of hundreds of future residents.

The project will deliver 483 affordable homes with support from the Queensland Government’s Housing Investment Fund.

The case of BBHF Pty Ltd v Sleeping Duck Pty Ltd [2024] provides useful guidance regarding shareholder oppression claims in the context of investment in start-ups.  The decision highlights the need for clear, written shareholder agreements and the objective test applied when assessing whether oppressive conduct has occurred. 

The Australian Charities and Not-for-profit Commission has released their annual charity report analysing the activity of 51,536 charities over 2022. The report looks at the revenue, expenses and equity of charities in Australia, with a focus on extra small charities and the impact the cost of living crisis has had on those charities.  

There have been some difficult cases for the supreme Court in the past two years resulting from people trying to do a Will at home in their dying days, or leaving a note written at home attempting to amend a previously made Will. 

In the “old days”, when life was simpler, couples were married or they weren’t, and the law didn’t need to deal with any middle ground.

A transfer of dutiable property made without monetary consideration to a trustee or custodian of a complying superannuation fund where there is no change in the beneficial ownership of the property. 

The recent NSW Supreme Court case of Neal v Brown [2024] NSWSC 841 highlights the adverse and unforeseen consequences of withdrawing superannuation death benefits before one’s death.

This case emphasis the necessity of not only considering tax implications when withdrawing superannuation benefits before death but also how such withdrawals interact with the terms of a will. Proper estate planning is essential to ensure that the distribution of assets aligns with the deceased’s wishes.

Australia is recognised for its reputation as an open, stable, globally connected economy. With its close connections across the Tasman, it’s no surprise that New Zealand businesses often making the move to expand their operations within Australia.

Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.

Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.

Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in the 2024 Doyles Guide, Victoria.

The right to disconnect is here. Are you ready to unplug? Learn more about how it affects you.

The Victorian Government introduces new bill imposing a levy or tax of 7.5% on short-term accommodations

The Victorian Court of Appeal’s recent decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175 has settled that, in Victoria, aggregation applies to the acquisition of shares or units by investors, even in circumstances where the investors are unrelated under the one syndication or capital raising process.

When people separate (whether from a marriage or a de facto relationship), they usually need to sort out how to divide their assets and debts between them. The term ‘property settlement’ therefore refers to the process of negotiating which party is going to keep which assets and liabilities, making the agreement legally binding, and then taking the steps to implement the agreement.

It’s important that you take the appropriate time to come to terms with the separation, ensure that you are in a good headspace and have support systems around you before attending to the legal arrangements for separation. Click here to read some of our practical tips for approaching separation.

Transfer of property due to a change of trustee

The Commonwealth Government has issued its response to the Independent Review of the Franchising Code of Conduct conducted in December 2023, with changes expected in 2025.

Harwood Andrews is proud to announce the reopening of its’ Geelong office after undergoing a state-of-the-art refurbishment over the past 12 months. The firm has also launched a fresh brand identity, showcasing a modernised logo and colours, updated website, and refreshed messaging that emphasises the firm's focus on community, connection, legal knowledge and expertise. 

Property was mistakenly transferred to an unrelated company. Error was found 10 years later, real owners sought exemption to land transfer (stamp) duty. Costs for the responsible law firm pursued, emphasising the importance of due diligence in property transactions.

Take advantage of your tax return this new financial year by investing in your estate planning, and ensure that your hard-earned assets are distributed according to your wishes, with the help of our Wills and Estates team.

The Attorney-General has announced reforms to Australia’s bankruptcy laws which seeks to reduce the stigma associated with entering into bankruptcy and to ensure that Australia’s bankruptcy system is fairer and operates in the best interests of all Australians.