The recent case of Visionary Investment Group Pty Ltd v Wollongong City Council [2019] discussed the flexibility of a condition of consent when there is insufficient information provided with the development application. The case involved a development application for a community title subdivision. During the duration of the proceedings, the applicant filed and produced a […]
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The Local Government Amendment Bill 2019 (NSW) (‘Bill’) which was assented to and commenced on 25 June 2019 has amended a number of sections of the Local Government Act 1993 No 30 (NSW) (‘LGA’). The Bill amends the LGA in relation to election planning, rates, tendering requirements, mutual recognition of approvals as well as other […]
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The decision of Stamford Property Services Pty Ltd v Mulpha Australia Ltd [2019] handed down on 19 June 2019 has provided clarity in the word ‘land’ within the context of s57(1)(e) of the Heritage Act 1977 (Act). This provided the requirement that approval for development must be obtained before commencement of such development “in relation […]
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Interlocutory injunction is a type of an interim relief that the Court can order, usually to preserve the status quo until a formal hearing can be conducted. In this article, we will take a look at the elements of the interlocutory injunctions in the planning and environmental law context, and discuss some of the common […]
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Service is the sending or giving of filed court documents to the opposing party. Proof of service of the divorce application is one of the procedural requirements asserted by the court that must be complied with in order for the court to grant the divorce. What options exist if you cannot serve the divorce application […]
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The power of the Court to make an order for sole use and occupancy derives from s 114 of the Family Law Act. A separation lawyer can assist you to put forward or defend this application that would allow a party to live in the property to the exclusion of the other party. In the […]
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The Family Law Act provides that a divorce order will not be ordered unless the court is satisfied that, amongst other things, that proper arrangements in all the circumstances have been made in relation to the welfare of any children of the marriage who have not yet obtained the age of 18 years old.  Where […]
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In welcome news to employers, the ATO has recently clarified its position on annual leave loading for superannuation purposes and has sought to end years of concern and uncertainty following a major tax ruling in 2009. Background Under superannuation guarantee legislation, compulsory superannuation contributions are payable on an employee’s Ordinary Time Earnings (OTE) and it […]
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A divorce lawyer will be unable to lodge your application for divorce orders if you have been married for less than two years unless you satisfy the counselling requirement. Parties married for less than two years must provide a counselling certificate with their divorce application in order for it to be considered by the Court. […]
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Once a divorce lawyer has proved that you and your former partner have separated, your divorce lawyer must then prove to the court that there is no likelihood that your cohabitation will resume. Resumption of cohabitation involves the re-establishment of the relationship to the point that it reverses the separation. What happens to the 12 […]
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There are numerous methods aside from traditional Court determinations which parties can utilise when seeking to reach a property settlement agreement. Section 10L of the Family Law Act 1975 defines arbitration as “a process (other than the judicial process) in which parties to a dispute present arguments and evidence to an arbitrator, who makes a […]
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With the commencement of a new financial year, it brings with it important changes and new rates which will apply from 1 July 2019. NEW! High Income Threshold (HIT) With the HIT: the new HIT is $148,700 it impacts: who can make a claim for unfair dismissal (for those not covered by a Modern Award […]
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Whether you collect postage stamps, designer handbags, books, art or cars, don’t underestimate the value of your little hobby when it comes to a property settlement agreement. In the recent case of Isaacson [2019], Judge Wilson considered a property settlement agreement dispute between a former husband and wife, as to the value of the husband’s […]
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The Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act came into effect on 13 March 2019.  It is a response to the Banking Royal Commission which called for increased penalties for corporate wrongdoing. The new Act amends the Corporations Act, the National Consumer Credit Protection Act, the Australian Securities and Investments Commission Act […]
The post Fines and Prison – Tougher Personal & Company Penalties appeared first on Matthews Folbigg Lawyers.

Recent events such as the raids on the ABC and other journalists have brought into focus the risks faced by whistleblowers who leak evidence of corruption or other serious crimes. It is therefore somewhat timely that the federal parliament recently passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019, which substantially bolsters whistleblower protections […]
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You might have heard of spousal maintenance, but few have heard of the term “child birth maintenance.” Child birth maintenance is different from both spousal maintenance and child support because it is specifically concerned with supporting women through the birth of their child. Family law lawyers explore this topic below. The Family Law Act s […]
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  The Department of Planning and Environment is currently in the process to introduce state-wide planning framework for Short-Term Rental Accommodation (STRA) following reforms provided to the Fair Trading Act 1987 (NSW) and Strata Schemes Management Act 2015 (NSW) at the end of 2018. The changes proposed are as a result of the ever growing easily accessible holiday […]

The post Changes to Short–Terms Rental Accommodations – Is the Holiday Over? appeared first on Matthews Folbigg Lawyers.

Following an initial decision in 2018, the Federal Circuit Court has ordered that a company: reinstate a senior executive pay him almost $1,000,000 in back pay after it had dismissed the executive for making complaints about a lower level employee. The Court rejected the company’s arguments that: it was inappropriate to reinstate the employee because […]
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As of 1 January 2019, parties to a family law dispute and their marriage lawyer, in appropriate cases, may now have the option of Judicial Mediation in the Federal Circuit Court of Australia. Judicial Mediation is not intended to replace or substitute private mediation. Rather, the court expects that parties to a family law dispute […]
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Domestic Violence can affect people of all ages, socioeconomic and demographic groups and unfortunately can often go unreported particularly when it occurs during a relationship with a spouse or partner. However it is not uncommon for historical and current domestic violence to come to light particularly in circumstances of a family law separation. In June […]
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