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7 things landlords’ of shops in NSW should know but often don’t

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney A copy of the proposed Retail Shop Lease is to be available to prospective Tenants at the negotiation stage Retail Lease Landlords are required to make a copy of the Lease available to prospective Tenants as soon as they enter into negotiations…

A lesson in planning ahead to avoid ATO conflicts – Capital Gains Pitfall

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney A client purchased a property in Sydney in early 2014 with the intention to be an owner-occupier but due to financial constraints rented it out for a brief period in late 2014 and early 2015 before moving the family in and undertaking…

How to think more (pragmatically) about Death and Estate Planning

Article By: Paula Johns Cappello Rowe Lawyers Griffith Australian artist Brett Whitely was infamous as a man of extraordinary talents; however drafting wills and secure storage of the same were clearly not among them. The firestorm that engulfed his estate in the aftermath of his death is an estate planning…

What’s a “family trust” and why would I want one?

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney Family trusts are exceptionally common type of trust with close to a million family trusts estimated to be in use in Australia. They are generally used to hold assets or run a family business, for the benefit of a family group. A…

Protecting registered and unregistered trade marks under Australian law

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney Generating reputation in the market is essential to any business. Think about when you are shopping for a new pair of running shoes. You enter the Nike store and you are immediately greeted with the Nike Swoosh and the phrase ‘just do…

What support is available while rebuilding after the bushfires?

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney After one of the worse bush fire seasons in living memory, many people and business are finally starting to take stock and turn their attention onto getting back on track. Unfortunately, this also means now identifying the damage and disruption that has…

An overview on Employers’ risk and obligations on COVID-19 CoronaVirus

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney The reporting of the 2019 novel coronavirus (COVID-19) has caused increase anxiety and disruption for many organisations and their employees. The challenges associated with this, including absenteeism by employees is a difficult situation for all. The current circumstances demonstrates the importance for…

Controversial decision on sick leave may leave employers exposed to back pay

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney Recently the Federal Court handed down a decision about sick leave that has the potential to leave many businesses exposed. The controversial decision, handed down on 21 August 2019, confirms that all employees, including part time employees, are entitled to a full…

Understanding unfair dismissal claims

Unfair dismissal matters can be complex and frustrating for both employers and employees alike. Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and more employees are able to successfully make unfair dismissal claims. At the same time…