Latest publications
Why do I need a Will with Testamentary Trusts?
Advantages in nut shell Having a testamentary trust in your will: Can have asset protection benefits for your beneficiaries, for instance, by protecting from loss caused by bankruptcy and in some cases, divorce. Provides capital gains and income tax efficiencies. Is prudent where a beneficiary to your will is either incapable of managing their own…
Australian trade mark decision nuckin futs?
An Australian snack food company has been given the go ahead to sell their prepared nuts product under its unconventional brand name “Nuckin Futs”, following a legal trade mark battle spanning 12 months. The initial trade mark application for “Nuckin Futs” was first rejected by the Trade Mark Office under the Trade…
Retention of Title under the PPSA
The commencement of the Personal Property Security Act 2009 (PPSA) on 30 January 2012 has significant implications on the business undertakings of many Australian industries, especially those who regularly supply goods on retention of title (ROT) terms. An ROT clause, also referred to as a ‘Romalpa’ clause, is often used…
Will your business be affected by the PPSA?
In Brief The Personal Property Securities Act 2009 (Cth) (PPSA) establishes a new, nationwide régime regulating interests in personal property. The PPSA is scheduled to commence on 30 January 2012. HOW DOES THE PPSA CHANGE THE LAW? The PPSA changes the order of priority of some security interests, changes the way in which those…
Changes to claims on deceased estates
Certain people such as a husband, wife, partner, children, grandchildren and others are entitled to make a claim on an Estate of a deceased person if that person left the claimant with inadequate provision in their Will or on intestacy (without a Will). By the Succession Amendment (Family Provision) Act 2008, the legislation in…
Swaab in BRW Magazine 9 December 2010
Business Review Weekly reports on the Best Places to Work in Australia for 2010. Swaab Attorneys was the highest ranking law firm on the list of 50 companies. …
Swaab employment partner Warwick Ryan in Chartered Secretaries
In this Chartered Secretaries article, Swaab employment partner Warwick Ryan examines adverse action claims under the Fair Work Act, urging employers to be wary of pitfalls in the legislation. …
Swaab Legal Directions — Issue 3 December 2010
Swaab Legal Directions — The third issue for 2010 of our quarterly newsletter. …
Building energy efficiency update — Commercial Buildings Mandatory Disclosure Régime and Environment
In Brief — Mixed use buildings, refurbishments and Environmental Upgrade Agreements The Commercial Buildings Mandatory Disclosure Régime has undergone amendments, effective 29 November 2010, related to mixed use buildings and refurbishments. The Local Government Amendment (Environmental Upgrade Agreements) Bill 2010 facilitates a financing mechanism for building owners to implement major long term…
Cloud computing and smart phones — Has your business updated its IP policy?
In Brief — Smart devices and IT policy The increasing proliferation of smart devices poses a new security risk for businesses. To deal with this risk, you may need to update your company’s IT policy and ensure that it is implemented. Use of smart devices in business Most businesses are offering either Blackberrys…