Long Saad Woodbridge

We pride ourselves on being a “one-stop-shop” for our clients looking to sell, buy, develop or lease real property assets across Australia.

This means that we are required to keep up to date with important amendments to the laws and regulations that govern property transactions in each state.

Therefore, we have prepared this guide to recent or upcoming changes that are vital to note to those in the property industry across Australia.

Key Updates to Property & Conveyancing Law in 2024 Our property law and real estate team boasts the rare credential of conducting property transactions with expertise nationwide, not just in our home state of

As the cost of buying a home keeps rising, many first home buyers are turning to their parents to help them financially to get into the market. These loans, from the Bank of Mum and Dad, are sometimes called caveat loans.

While caveat loans can provide first-home buyers a leg-up into the property market, there are inherent risks, which need to be carefully considered. Keep reading to learn more.

Caveat Loans: Tips and Traps | Long Saad Woodbridge Lawyers Many first home buyers are turning to their parents to help them financially to get into the market. These loans are sometimes called caveat loans. Learn more.

The annual office Christmas party is an occasion to unwind, bond with colleagues, and reflect on the year's accomplishments. However, as media reports frequently highlight, inappropriate behaviour at such gatherings often occurs. To ensure everyone’s well-being and to steer clear of potential pitfalls, both employers and employees must understand their rights and responsibilities.

Navigating the Legal Landscape of Office Christmas Parties | LSW Lawyers The annual office Christmas party is an occasion to unwind, bond with colleagues, and reflect on the year's accomplishments. However, as media reports

📣 We are delighted to announce that the LSW team have been named as a finalist in the Women in Law Awards 2023 in two categories:

- Dealmaker of the Year - 2023, Mariam Roumie
- Senior Associate of the Year, SME - 2023, Genevieve Hehir

The Women in Law Awards is the most highly regarded awards program across Australia, recognising exceptional women in the Australian legal industry. This prestigious national awards program presents an exceptional opportunity for leading women to showcase their achievements, attract more clients, and propel their careers on top of giving them the recognition they deserve.

Securing a place as a finalist is widely recognised as a remarkable achievement in the legal industry. It signifies the resolute determination and steadfast commitment of individuals, teams and firms playing a pivotal role in propelling the industry forward.

Both Mariam and Genevieve are humbled to be recognised, and proud to be nominated for their respective awards.

LSW Lawyers recognition for our excellent contribution to the legal industry reinforces the strength of our service and dedication to connecting with the community and engaging with clients.

An Independent Children Lawyer is often referred to as the ICL. An ICL is appointed by the Court where there is a parenting matter before it, and there is specific need for the interests of the children to be independently represented.

Keep reading to learn more.

Do we need an Independent Children’s Lawyer? | LSW Lawyers An Independent Children Lawyer is often referred to as the ICL. An ICL is appointed by the Court where there is a parenting matter before it, and there is

The Fair Work Ombudsman (FWO) has commenced legal action for just the second time this year against a franchisor for underpayments of workers at stores operated by franchisees. The FWO is alleging that Bakers Delight Holdings Pty Ltd is legally liable for underpayments to 142 staff across three of their stores in Hobart.

Keep reading to learn more.

Franchisor Liability under Fair Work Ombudsman | LSW Lawyers Navigate franchisor compliance with Fair Work Ombudsman regulations. We cover Franchisor responsibilities and a recent Baker's Delight case.

Part two in our series on Franchising law: Have you registered your profile on the Franchise Disclosure Agreement register?

The Register is an electronic register where franchisors are obligated to upload information pertaining to their franchise business.

The following franchisors operating in Australia are required to register and to create a profile on the Register:

1️⃣ Franchisors who have created a disclosure document under the Code and have given that disclosure document to a prospective franchisee on or before 31 October 2022; or

2️⃣ Franchisors who are proposing to enter into a franchise agreement with a prospective franchisee, and are obligated under the Code to provide the prospective franchisee with a disclosure document; or

3️⃣ Any master franchisor who has two or more sub franchisors.

Keep reading to learn more:

Have you registered your profile on the Franchise Disclosure Register? | Long Saad Woodbridge Lawyers Following the Federal Government’s announcement of the Franchise Disclosure Register through the 2021 Exposure Draft legislation, the Competition and

Under the Franchising Code of Conduct (the Code), a franchisor is required to update its disclosure document within 4 months after the end of each financial year. Accordingly, all franchisors with a 30 June financial year-end must update their disclosure documents to reflect any changes that have occurred to their business within the last financial year by 31 October.

Updating a disclosure document takes planning and is required in order to ensure the franchisor’s ongoing compliance with the Code.

Don't Miss the 31 October Deadline to Update your Disclosure Document | LSW Lawyers Under the Franchising Code of Conduct (the Code), a franchisor is required to update its disclosure document within 4 months after the end of each financial

Dispute Resolution, in general, is an essential tool of the current family law framework. Whether or not litigation is on foot, separating couples need to engage in some type of dispute resolution. In some parts of your case, it is mandatory.

FDR is guided by an FDR Practitioner who is independent of the parties. An FDR Practitioner is not able to give legal advice, and they cannot decide what the terms of any settlement should or will be. They are not there to pressure you into any certain decision. They are simply there to help guide the negotiation, to refocus your efforts and assist in diffusing emotional roadblocks.

Keep reading to learn more.

What is Family Dispute Resolution (FDR)? | LSW Lawyers This article will focus on FDR. FDR is guided by an FDR Practitioner who is independent of the parties. An FDR Practitioner is trained in helping separating

Long Saad Woodbridge’s commercial, property, and leasing teams have significant experience acting for both landlords and tenants in leasing matters. This extends to all property types, including retail, commercial and industrial, across all states in Australia.

As a result, our team has observed trends in certain commercial aspects of leases that are often “sticking points” across multiple matters, being items that the landlords and tenants consistently tend to disagree on.

Given the volume of applicable relevant legislation, regulations, lease-types and common law principles, it is of critical importance to engage an experienced and knowledgeable, yet commercial and practical, property solicitor.

Keep reading to learn more.

NEGOTIATING LEASES: KEY POINTS OF CONTENTION | LSW Lawyers Long Saad Woodbridge’s commercial, property, and leasing teams have significant experience acting for both landlords and tenants in leasing matters. This

🏆 LSW Lawyers has been nominated as finalists in not just one, but three prestigious categories in this year's highly anticipated industry awards, the Lawyers Weekly Australian Law Awards 2023!

We are absolutely delighted to announced that we have been nominated for the following well-deserved accolades:

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🏅 COMMERCIAL TEAM OF THE YEAR
This remarkable nomination recognises the collective efforts of our exceptional team in delivering top-notch service and outstanding results to our valued commercial clients. It truly showcases the tireless work, dedication, and unwavering commitment to excellence displayed by our outstanding commercial team.

🏅 SENIOR ASSOCIATE OF THE YEAR, GENEVIEVE HEHIR
We are immensely proud to share that Genevieve's exceptional skills, unwavering professionalism, and remarkable contributions to our firm have been acknowledged with this prestigious nomination. It is truly remarkable that Genevieve has been recognised for the second year running in these esteemed awards as well.

🏅 MENTOR OF THE YEAR, AL-KARIM MADHAVJI
We extend our warmest congratulations to Al-Karim for this well-deserved nomination. Al-Karim's exceptional mentorship, guidance, and unwavering support have been acknowledged through this nomination. His commitment to nurturing talent, fostering growth, and shaping future leaders within our firm is truly commendable.

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These remarkable nominations are a true reflection of the hard work and dedication exhibited by each and every member of our LSW family, from partners to support staff. It is through their unwavering commitment, unparalleled expertise, and relentless pursuit of excellence that we have achieved this well-deserved recognition, of which we are very proud of.

The eagerly anticipated award ceremony will take place on Friday, 11th August this year. Let us eagerly anticipate the results and come together to applaud our collective accomplishments, regardless of the outcome. We are confident that our LSW spirit and commitment will shine bright on this special night!

Once again, congratulations to all involved – let's keep our fingers crossed and showcase the true strength and excellence of LSW when the Awards night arrives!

Child Support in Australia is a payment made by a parent to the other parent to help cover the costs of raising a child after separation or divorce. The payment is usually made by the non-custodial parent to the parent who has primary care of the child(ren).

The amount of child support to be paid is determined by a formula set by law and calculated by the Child Support Agency, taking into account various factors such as the income of both parents, the number of children involved, and the amount of time the children spend with each parent and the capacity to pay.

It is designed to ensure that both parents contribute to the financial support of their child in a fair and equitable manner.

Keep reading to learn more.

Demystifying Child Support in Australia: A Comprehensive Guide | LSW Lawyers Discover how child support works in Australia. Our expert guide provides insights on calculations, obligations, and legal aspects. Trust LSW Lawyers for expert advice and support.

Long Saad Woodbridge’s property law team specialises in acting for both the developers and purchasers of off-the-plan projects, from small scale land subdivisions through to large mixed-use buildings across Australia.

Our experience has highlighted some key points that buyers ought to be aware of from the out-set of their property hunt, to set their expectations early as to what they can expect from a legal view. A well versed and specialised property lawyer is vital for a successful transaction.

BUYING OFF THE PLAN? WHAT TO EXPECT | Long Saad Woodbridge Lawyers Long Saad Woodbridge’s property law team specialises in acting for both the developers and purchasers of off-the-plan projects, from small scale

An Initiating Application is the document that is filed with the Federal Circuit and Family Court of Australia, to start proceedings in family law. Proceedings could be about any issue that is within the jurisdiction of the court.

Keep reading to learn more.

What is a Family Court Initiating Application, and do I need one? | Long Saad Woodbridge Lawyers An Initiating Application is the document that is filed with the Federal Circuit and Family Court of Australia, to start proceedings in family law.

Can an individual owner of an investment property transfer their investment property into their self-managed super fund without incurring additional stamp duty?

Keep reading to find out.

Transferring investment property into an SMSF without incurring stamp duty. | Long Saad Woodbridge Lawyers It is often the case that individuals will purchase property in their own names as investment properties, without obtaining legal advice from their lawyer or

Separation can have a significant impact on all members of the family, including pets. Approximately 61% of Australian households have at least one pet. In the event of a separation, pet ownership can be a serious and emotionally charged issue.

Keep reading to learn more.

Custody of Pets: Who Gets to Keep Them? | LSW Lawyers Separation can have a significant impact on all members of the family, including pets. Approximately 61% of Australian households have at least one pet. In

On 29 March 2023, the New South Wales Court of Appeal handed down its judgment in the case of Western Sydney University v Thiab [2023] NSWCA 57. The case involved a nursing student, Ms Thiab, whose clinical placements were cancelled by the University in late 2021. Ms Thiab had refused to undergo screening swabs for COVID-19, stating that regular swabbing would cause cancer, and had expressed doubts about the safety and efficacy of COVID-19 vaccinations.

Keep reading to learn more.

Are an employee's views on Covid-19 vaccinations "political"? NSW Court of Appeal weighs in. | Long Saad Woodbridge Lawyers On 29 March 2023, the New South Wales Court of Appeal handed down its judgment in the case of Western Sydney University v Thiab NSWCA 57. The case involved a

On 8 February 2023, the High Court of Australia confirmed in the case of Metal Manufacturers Pty Limited v Morton as liquidator of MJ Woodman Electrical Contractors Pty Ltd (in liquidation) [2023] HCA 1, that the statutory right of set-off cannot be used as a defence to a liquidator’s preference claim.

The decision by the High Court is considered a win for liquidators and insolvency practitioners by removing the possible defence by creditors and providing liquidators with clarity on the recoverability of funds when deciding to pursue preference claims against creditors.

Keep reading to learn more.

High Court confirms that set off defence does not apply to preference claims made by companies in liquidation | Long Saad Woodbridge Lawyers On 8 February 2023, the High Court of Australia confirmed in the case of Metal Manufacturers Pty Limited v Morton as liquidator of MJ Woodman Electrical

Partitioning a property refers to the process of the owners of a property dividing that property into multiple separate and distinct lots, with each lot being owned by a different person. This can be done for a variety of reasons, including but not limited to the desire to sell off a portion of the property only, to separate business and personal assets or to manage the distribution of property assets among family members. Whatever the reason, partitioning a property requires careful consideration and planning.

Keep reading to learn more.

Partition of Property: The Legal Process Explained Partition of a property refers to the process of the owners of a property dividing that property into multiple separate and distinct lots. Learn more here.

If you have or you are considering setting up a Self-Managed Superfund (‘SMSF’) and you wish to find out if you can buy residential property with your SMSF, there are a few factors you must consider, including:

1. how do you intend to use the residential property, and

2. how do you plan to fund the purchase of the residential property?

If you plan to use a SMSF to buy residential property in Australia, it must comply with the Superannuation Industry (Supervision) Act 1993 (‘SIS Act’) and the rules and regulations imposed by the Australian Taxation Office (‘ATO’).

The primary purpose of a SMSF is to provide retirement benefits to its members. Keep reading to learn more.

Buying Residential Property With SMSF: Is It Allowed? If you're looking to purchase a residential property with funds from your Self Managed Super Fund

Generally, an Option Agreement is utilised to allow parties to sell or purchase property at a future date with minimal upfront costs. For example, an Option Agreement allows a Purchaser the right to purchase an asset from a Vendor at a certain (fixed) price, known as a “Call Option”, with the Vendor having an obligation to sell that same asset to the Purchaser at that price (even if the value of the property has increased).

If either party fails to adhere to their obligations under an Option Agreement, then the other party may seek legal recourse to enforce the terms of the Option Agreement. However, this right only arises if in fact the Option has been exercised correctly in the first place.

Keep reading to learn more.

Exercising a Call Option Incorrectly - Big Repercussions | Long Saad Woodbridge Lawyers Further to our recent article on Put and Call Options titled ‘Put and Call Options in NSW: Stamp Duty Legislative Overhaul – The End of an Era’, comes a

Following separation, a parent may want to move to another town, city, state or even country with their child or children. This usually means moving away from the other parent. Under the Family Law Act this is called relocation.

Relocation is a very common issue in family law cases. A parent may want to move for many reasons, such as a new job, housing affordability, better educational opportunities, or to be closer to family members. In some cases, the move may be driven by a desire to distance oneself from the other parent, particularly where there is a history of domestic violence and/or safety issues.

Keep reading to find out more about obtaining a child relocation order.

How to get a Child Relocation Order - Family Court | LSW My partner and I are separated and I want to relocate with our child. What now? Learn how the process works and how you can secure a Child Relocation Order.

First and foremost: the biggest mistake is not having a Will at all. This can create a mess for your surviving family members and have serious inheritance consequences.

However, this alone is not enough. Leaving decisions to the last moment and failing to update your Will can create problems and mistakes.

Keep reading to learn more.

Avoiding mistakes with your Will | Long Saad Woodbridge Lawyers First and foremost: the biggest mistake is not having a Will at all.  This can create a mess for your surviving family members and have serious

Purchasing a business is not always a straight forward transaction, and often entails many considerations, including accounting and structuring advice, landlord consent and lease assignment, and many other conditions precedent that may be relevant case by case.

Keep reading to learn more.

Recognition of Service on Sale and Purchase of Businesses | Long Saad Woodbridge Lawyers Purchasing a business is not always a straight forward transaction, and often entails many considerations, including accounting and structuring advice,

A question that comes up often when purchasing property with someone else is… “What is the difference between ‘joint tenants‘ and ‘tenants in common‘?”

The tenancy in which you purchase a property is important and should reflect the purchaser’s future intentions.

In most cases, married couples, family members and couples who have been in a relationship for many years will purchase as joint tenants. But couples who are in a new relationship, are in blended families, are not related or where there are numerous owners will normally choose to be tenants in common.

Keep reading to learn the differences between these agreements types.

Property Ownership: Joint Tenants vs Tenants in Common | Long Saad Woodbridge Lawyers The tenancy in which you purchase a property is important and should reflect the purchaser’s future intentions. We explain the key differences and scenarios.

As Muriel Porter wrote recently[1], “dealing with the death of a loved one is never an easy time”.

Grief is tough enough without the stress of difficult superannuation and estate matters.

You and your family’s peace of mind at an already difficult time is paramount. We recommend investing a little more time now on your estate planning to look after your family members.

Without an up-to-date and considered estate plan, you leave to chance administrative and legal problems.

How to get started with Estate Planning | Long Saad Woodbridge Lawyers As Muriel Porter wrote recently, “dealing with the death of a loved one is never an easy time”.

Long Saad Woodbridge’s commercial and industrial property law team has noticed an increasing trend of transactions where the owner, generally the developer of a block of commercial or industrial units, wishes to incentivise buyers to purchase these newly developed properties by “leasing back” the property after settlement. This is often referred to as “sale and leaseback”.

This is advertised to guarantee immediate rental income to investor purchasers, who would otherwise elect to purchase properties with existing tenants, rather than newly developed properties with no tenant. This allows the buyer a buffer period to find a long-term tenant as well.

Unfortunately, we have come across transactions where the owner is never to be heard of after settlement – no rent paid, no outgoings recoverable, and the buyer left with a vacant property in a struggling leasing market.

Keep reading to learn more.

Sale and Leaseback: Your Essential Property Purchase Guide Your guide to understanding the "Sale and Leaseback" incentivisation tactic increasing in popularity among property developers. Written by Lawyers.

A Federal Court lawsuit brought against the beer brand, Better Beer, by Victorian company Brick Lane Brewing has been dismissed.

The lawsuit was launched over the packaging of Better Beer’s zero-carb beer and lower-sugar ginger beer, with Brick Lane alleging that Better Beer had engaged in misleading or deceptive conduct. Brick Lane argued that similarities in the designs of their Sidewinder Hazy Pale low-alcohol ale and Better Beer cans could lead to confusion among consumers regarding the relationship between the products.

Keep reading to learn what happened.

Better Beer Wins Federal Court Battle Over Alleged Misleading Beer Can Designs | Long Saad Woodbridge Lawyers Image Source: Sydney Morning Herald

On 27 January 2023, the Australian Competition and Consumer Commission (ACCC) announced that it has initiated a “social media sweep” to detect misleading testimonials and endorsements by influencers. The sweep involves reviewing the posts of over 100 influencers that were reported to the ACCC through tip-offs from the public. The ACCC is particularly concerned with influencers who failed to disclose their relationship with a company or product.

Keep reading to learn more.

ACCC Commences Social Media Sweep of Influencer Activity: A Reminder for all Businesses | Long Saad Woodbridge Lawyers On 27 January 2023, the Australian Competition and Consumer Commission (ACCC) announced that it has initiated a “social media sweep” to detect misleading