Latest News

  • Kells continues to promote top talent

    Kells is set to increase its Illawarra and Sydney position across a number of key specialities with the promotion of one Special Counsel, one Senior Associate and two new Associates, effective 1 July, 2018. The new Special Counsel, Senior Associate and two Associates build on Kells' reputation for advising clients on...

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  • Property Developers and GST: New Draft Laws to Ensure Compliance

    A new Bill has been introduced into Federal Parliament which makes amendments to several tax Acts aimed at strengthening compliance by property developers with their obligations to remit GST to the Australian Taxation Office (ATO).

    - Kyle Bridge with Mitchell Micevski, Lawyers - 

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  • Can a real estate agent be liable for misleading and deceptive conduct

    The Supreme Court of NSW reviewed the issues that can arise when a purchaser seeks to sue a real estate agent for misleading and deceptive conduct pursuant to section 18 of the Australian Consumer Law.

    - Alexandra Haverkamp, Lawyer - 

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  • Amendments to EPA Act have commenced

    Significant amendments to the Environmental Planning & Assessment Act 1979 ("EPA Act") introduced by the Environmental Planning & Assessment Amendment Act2017 commenced on 1 March 2018.

    - Mark Evans, Lawyer. -

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  • Protection of your Employment whilst on Workers Compensation Benefits

    If you have a significant injury which will result in you being unable to return to work for some time, your right to continuing employment may be uncertain.

    - Natalee Davis, Lawyer - 

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  • Our Thirroul Office has Moved

    You won't have to look too hard to find our Thirroul office, we've moved right next door! A bright and modern space has been designed with your comfort in mind. Come and say hello sometime. 

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  • Local planning panels take place of councillors as consent authority.

    Amendments to the EPA Act regarding local planning panels commenced 26 February 2018. Councils within the Greater Sydney Region and Wollongong City Council must have their planning panels in place by 1 March 2018. From 1 March 2018 councillors are no longer able to exercise a council's functions as consent authority.

    - Mark Evans, Lawyer - 

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  • Workers Compensation Recipients: Don’t Let Your Leave Get Left Behind!

    If you are an injured worker in receipt of workers compensation and continue to be employed, you should be aware that you have a right to continue to accrue your leave entitlements. 

    - Natalee Davis, Lawyer - 

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  • Property Developers and GST: New Draft Laws to Ensure Compliance

    A new Bill has been introduced into Federal Parliament which makes amendments to several tax Acts aimed at strengthening compliance by property developers with their obligations to remit GST to the Australian Taxation Office (ATO). 

    - Mitchel Micevski, Lawyer - 

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  • Further Extension to new Biodiversity Laws

    In a recent article we noted that the new Biodiversity laws (Biodiversity Conservation Act 2016) were expected to replace the EPA Act provisions regarding biodiversity assessment in February 2018,

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  • Can a strata by-law limit Airbnb style holiday lettings?

    Can a strata by-law limit Airbnb style holiday lettings?Alexandra Haverkamp explores a recent decision that could potentially change the Airbnb landscape in Australia: 

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  • Introduction to the Biodiversity Offset Scheme for Developers

    If you are engaging in development and your proposed development is going to impact the environment, offsetting that impact can play a decisive role in the success (or not) of the project.

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  • Family Court consent no longer required for treatment of Gender Dysphoria

    The Full Court of the Family Court of Australia has ruled that persons under the age of 18 who are diagnosed with gender dysphoria and wish to undergo treatment can now do so without the need of seeking approval from the Family Court.

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  • Commencement of NSW Strata Building Defects Regime

    On 1 January 2018 a new Part 11 was inserted into the Strata Schemes Management Act 2015 to implement a new Strata Defects Regime affecting requires developers of residential or partially-residential strata buildings comprising four or more storeys

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  • Who are the legal parents of an artificially conceived child?

    There are different ways to start families now-a-days and it is possible that conflicts can arise around who and who isn’t a legal parent to a child. Other than natural conception, artificial alternatives with donor sperm and the act of surrogacy are methods utilized quite frequently.  

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  • Is it a gift or a loan?

    There is some confusion around money given to people by family members as gifts or loans...

    Some people believe that these funds cannot be touched in the family law property settlement context. However, depending on how the money is classified, it can form part of the parties' combined asset pool or as a liability of the relationship.

    Author: Franca Parolin with Kellie Markovski

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  • Can a fly-in-fly out worker be deemed to be in a defacto relationship?

    "Fly-in-fly-out" work schedules are now common placements in a number of industries such as mining and construction.

    Are defacto relationships and couples involved in these work arrangements effected and can a property settlement claim be made when people are not living together all of the time?

    Author: Franca Parolin, Senior Associate

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  • Disqualification of weekly payments for compensation claims and how it will affect workers.

    Section 39 of the Workers Compensation Act 1987 (NSW) is the cessation of weekly payments for workers compensation claims after 5 years. If a workers injury is not great than 20% whole person impairment ("WPI") they will not qualify for continuing payments under the Act.

    Author: Karena Nicholls, Senior Associate

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  • Parenting orders and family violence

    The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) confirmed the paramountcy of the child's best interests as a consideration in the making of parenting orders. The amendment was made in the context of further amendments to the Family Law Act 1975 (Cth) ('FLA') which recognise the impact of domestic violence on children by extending the definition of child abuse and providing stricter regulations for the treatment of family violence by the courts.

    Author Ashleigh Barry

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  • First Home Buyers Assistance scheme

    The First Home Buyers Assistance Scheme commenced from 1 July 2017 to provide exemptions and concessions on stamp duty for eligible first home buyers.

    The scheme provides a total exemption from stamp duty for homes valued up to $650,000 and concessions on duty for homes valued between $650,000 and $800,000. This scheme provides substantial savings for first home buyers with a purchaser buying property with a value of $650,000 saving $24,740.

    Author Alexandra Haverkamp

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