News & Articles

Times are changing

On 28 June 2023, Eakin McCaffery Cox personnel Kerry Sidaway, Partner, Caroline Parker, Special Counsel, and Paul Gavazzi, Consultant, participated in a Lawyers Associated Worldwide Emerging Leaders Webinar with other lawyers from various South East Asian and North American countries. Paul presented on “Managing law firms in difficult times – an Australian Perspective” slides available

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Assisted Dying Laws – NSW – Update

The following is an AI generated summary of NSW Health’s Outline of the operation of Voluntary Assisted Dying legislation for NSW which is to commence operation in late 2023. Full text of that can be accessed at  https://www.health.nsw.gov.au/voluntary-assisted-dying/Pages/Voluntary-assisted-dying-overview.aspx .  Further updates and information will be provided as issues crystalize. Voluntary assisted dying? Voluntary assisted dying

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Landmark combustible cladding judgment

Landmark combustible cladding judgment Eakin McCaffery Cox has successfully obtained a judgment from the NSW Court of Appeal in favour of an Owners Corporation against a builder and developer for the cost of replacing combustible cladding on a 28 storey apartment building in Parramatta.  This judgment has set an important precedent with respect to the

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YOU CAN RUN BUT YOU CANNOT HIDE

Westpac Banking Corporation: Application of Zheng [2023] NSWSC 147 The Supreme Court of NSW has ordered payment to be made in favour of a creditor, despite failure to locate the debtor. Accordingly, debts held in Australia cannot be avoided by leaving the jurisdiction or making yourself difficult to locate. On 27 February 2023, Robb J

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Polly Talking Too Much – Decision Quashed

Polly Talking Too Much – Decision Quashed You often hear people commenting and complaining about politicians talking too much. The recent Federal Court decision of Asset Energy Pty Ltd v Commonwealth Minister for Resources [2023] FCA 86 proves the point. Asset Energy held an interest in Petroleum Exploration Permit NSW/PEP – 11 (the Permit) and

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Carer or Lover? Who can make a family provision claim?

Australia is experiencing an ‘ageing’ population trend. The proportion of people over 65 is increasing. As we age, we need more assistance with our day to day tasks and often times, family members are not available (or sometimes not willing) to provide care. Carers are often brought in to fill that gap but in NSW,

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Assisted Dying in NSW

After lengthy debate, NSW now has the Voluntary Assisted Dying Act 2022 (VADA). VADA will allow “eligible people” to choose to access assisted dying. Between now and then, there is something of an implementation period. During that period, amongst other things, NSW Health is working up implementation policies to address the many relevant issues, including

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Exposure Draft TPB Information Sheet TPB(I) D50/2022 Code of Professional Conduct – Confidentiality of client information

The Australian Tax Practitioners Board (TPB) is planning some refinements to the confidentiality provisions of the Tax Practitioner Code of Practice. I attach link in case you are interested Exposure Draft https://www.tpb.gov.au/exposure-draft-tpbi-d502022-code-professional-conduct-confidentiality-client-information This is at the same time as the Australian Tax Office is proceeding with its plan to issue a protocol on legal professional privilege in tax

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Sentry Bugle Blast

EMC ACTS ON SALE OF SHARES IN SUCCESFUL MULTI DOLLAR MILLION MEDICAL SUPPLY COMPANY The commercial team at Eakin McCaffery Cox has recently completed the successful sale for a client of their shareholding in a Sentry Medical Pty Ltd , a major supplier in medical  consumables industry to the  publically listed EBOS Group Ltd.  The

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Protecting Brand / Trademark / Logo

Registration of YOUR TRADEMARK/LOGO as a trademark is a very good means of protecting your business. If you ever have a need to enforce your rights or defend your right to use YOUR TRADEMARK/LOGO, having YOUR TRADEMARK/LOGO registered as a trademark is a great help because it gives statutory enforcement rights, rather than have to

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Franchising Code of Conduct – Proposed Changes

The Franchising Code of Conduct is proposed to be amended by the Competition and Consumer (Industry Codes— Franchising) Amendment (Fairness in Franchising) Regulations 2020 (the “Proposed Regulation”). It has been issued as an ‘exposure draft’, in respect of which public submissions can be made until December 4 2020. The key areas of reform include: Disclosure;

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Do My Terms of Trade Mean I Need a Credit Licence

Legislative requirements on whether an organisation or business is to be classed as a “credit provider” needing to have a licence under the Consumer Credit Code are complex. If an organisation or a small business operator supplies “credit”[1] in the course of the sale of goods or services and the repayments are deferred for at

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Surcharge Land Tax NSW

The 2016 NSW Budget introduced a surcharge on Land tax to be paid by foreign persons owning land in NSW. See below links for the full article: https://www.eakin.com.au/surcharge-land-tax-nsw/ Surcharge Land Tax Nsw  

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Relief Against Forfeiture Refused for Pre-covid19 Default

In the recent case of MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418 the Supreme Court refused an interlocutory application for relief against forfeiture by two retail lessees whose leases were terminated during the COVID pandemic period for arrears that arose prior to the pandemic period. See link

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Defeating Trademark Infringers

Despite the myriad of measures taken brand owners to defeat infringers, infringers are still willing to take the risk. Lawyers from around the region have shared some recent failed attempts with us. In Australia, Bauer Consumer Media v. Evergreen Television, is particularly notable in this era of increased international trade, says Christina Cavallaro, special counsel

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Nelson Arias-alvarez Joins Eakin Mccaffery Cox

Eakin McCaffery Cox welcomes Nelson Arias-Alvarez as a Special Counsel in our Litigation dept. Nelson is an experienced construction & projects lawyer practicing at both the front-end and back-end of the project life cycle. Nelson has acted for a broad range of stakeholders in the construction industry and specialises in acting for principal contractors and

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Eakin Mccaffery Cox Welcomes Tom Wallace

Eakin McCaffery Cox welcomes Tom Wallace as a solicitor in our Litigation Team. With a background in commercial litigation, Tom brings experience having acted for clients in debt recovery, corporate insolvency and bankruptcy proceedings. Tom appears regularly in various State and Federal Courts and maintains professional relationships with insolvency practitioners, small business owners and members

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Director Identification Numbers (‘din’) – Sounding With Creditors – Will It Kill the Phoenix? Summary

New legislation, which is expected to commence within the next two years,  will require all directors of a body corporate registered under the Corporations Act and Corporations (Aboriginal and Torres Strait Islander) Act to register for a Director Identification Number (‘DIN’). https://www.eakin.com.au/director-identification-numbers https://www.linkedin.com/feed/update/urn:li:activity:6683173716190490624

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Procurement (Enforceable Procurement Provisions) Direction 2019 – Nsw – “clayton’s” Protection for Sme’s?

This NSW provision hangs off the state “version” of the legislation the Commonwealth required New South Wales to enter into pursuant to the Trans-Pacific Partnership Agreement as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11)) with the USA and others. It is to do with, amongst other things, giving tenderers some recourse

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