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Category: Areas of Law

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How the Lehrmann v Network Ten Decision Unveils the Dual Challenges of Legal Truth and Public Perception
The defence of substantial truth in a defamation claim is an interesting one. As seen in the recent decision of Justice Lee in Lehrmann v Network Ten Pty Limited [2024]369,...
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Start Smart Pack
Unlock Your Business Potential with Expert Legal Guidance At Madison Marcus, we understand the challenges and excitement that come with starting a new business. That’s why we’ve crafted the Start...
AI in Legal 20 MAR 24 Blog
Generative AI in the Legal Realm: The Case of Varghese and China Southern Airlines
AI: The New Investment Darling in Popular Culture Like cryptocurrency during the pandemic, a hot button issue at the moment is the growing presence of artificial intelligence (AI) in popular...
Harrier 18 MAR 2024 LI
Stay Ahead of the Curve: Join Our Upcoming Webinar on Navigating New Industrial Legislation
In the ever-evolving landscape of employment law, staying informed and compliant with the latest legislative changes is not just an option—it’s a necessity for professionals and businesses alike. That’s why...
PEG Article 07 MAR 24 Blog
Resolving Development Disputes: Eskander v Georges River Council
In the recent decision of Eskander v Georges River Council [2024] NSWLEC 1006 the Land and Environment Court dealt with two issues that frequently arise in the assessment of development...
Pre-Lease Article 14 MAR 24 Blog
Securing Your Space: A Tenant's Roadmap to Pre-Lease Negotiations and Lease Safeguards
Unlocking Lease Agreements: Understanding Tenant Rights and Responsibilities What is a Lease? A lease is a legally binding contract under which a property owner (landlord) grants a tenant the right...
Risk of Legal Action 07 MAR 24 Blog
Beyond the Bench: Unveiling the Realities of Courtroom Battles
In a society governed by laws, court proceedings serve as the cornerstone for resolving disputes and seeking justice. However, the decision to commence court proceedings, particularly for damages, is not...
Rebate 13 MAR 24 Blog
Vendor's Rebate Offer? Think Twice, Tread Carefully: Understanding the Risks
In the dynamic world of off-the-plan property sales, developers deploy various marketing strategies to attract potential buyers. One intriguing approach is the use of Vendor’s Rebate. But what exactly is...
Cyber Resilience 07 MAR 24 Blog
CYBER AWARENESS UNDERPINS CYBER RESILIENCE
In this era of technological change, financial innovation, online engagement, and the heavy reliance on smart devices, it comes as no surprise that protection of consumer data across technology platforms...
Streamlining Estate Management- Navigating the New Online Probate Filing System in NSW (Madison Marcus)
Streamlining Estate Management: Navigating the New Online Probate Filing System in NSW
For many people, the prospect of dealing with death and the ensuing probate processes is far from the forefront of their minds. The thought of a looming or unforeseen death...
Proptech Law 20 FEB 24 Blog
The ‘dynamic and ever-growing’ area of proptech law
Explore the evolving world of proptech law in Australia through the lens of Yuqing Sui, a recognised and Accredited Property Law expert at Madison Marcus. This piece by Lawyers Weekly Lauren Croft delves into...
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Vinyl Group Acquires The Brag Media: Media and Entertainment Law
In a landmark development for the entertainment and media industries, Vinyl Group has acquired The Brag Media, a powerhouse publisher of Rolling Stone and Variety Australia. This acquisition signifies a...
Pet Custody Disputes 14 DEC 2023 LI
RESOLVING PET CUSTODY DISPUTES IN AUSTRALIAN FAMILY LAW COURTS
It is no secret that our companion pets, or our “fur babies,” are considered integral family members of millions of Australian households by their human parents and are, under no...
Project Intervene 07 NOV 2023 LI
Supreme Court refuses stay application despite concurrent court proceedings and ‘Project Intervene’ investigations of alleged defective building works
The recent introduction of Project Intervene, an initiative implemented by the NSW Building Commissioner with the overarching objective of resolving issues concerning serious defects in residential buildings without the extensive...
Power of Attorney 14 DEC 2023 LI
DO I NEED A POWER OF ATTORNEY?
A Power of Attorney is a legal document which authorises you, the principal, to appoint one or more persons, the attorney/s, to make important decisions on your behalf in respect...
Grant of Probate 14 DEC 2023 LI
UNCONTESTED APPLICATIONS FOR GRANT OF PROBATE & LETTERS OF ADMINISTRATION IN NSW
Important changes have been made to the NSW Probate filing system in an effort to overcome significant delays in administration and processing in Wills and Estate Planning matters. From 1...
NAVIGATING THE CHANGING LANDSCAPE- PROJECT INTERVENE of LinkedIn Post (Madison Marcus)
Navigating the Changing Landscape: Project Intervene
In the world of construction and development in New South Wales, a name that often sparks curiosity, concern, or even fear is David Chandler, the Building Commissioner. But is there...
Weighing the Risk 07 NOV 2023 LI
Weighing the Risks: The Hazards of Labour Hire Businesses Compared to Direct Employment
CATEGORIES   In the Australian job market, labour hire businesses have gained popularity for their ability to provide flexible workforce solutions. These agencies offer companies a way to access skilled...
Default Judgement 07 NOV 2023 LI
How do I set aside a default judgment in NSW?
In court proceedings, if you fail to file a defence within the specified timeframe the plaintiff (individual or entity which initiated the legal proceedings) can apply for a default judgment....
Litigation Article 24 MAR 2023 Blog-1[95]
The Litigation Process
Most people try to avoid going to Court as the process can be long, stressful and expensive, whether you are prosecuting or defending a claim. However, there are circumstances in...
Build to Rent 19 SEP 2023 LI 2
Build-To-Rent gets a Boost from New Housing Laws
The Housing Australia Future Fund Bill, National Housing Supply and Affordability Council Bill and the Treasury Laws Amendments ( Housing Measures No.1 ) Bill are now law. From a developer/...
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CAN A SCHEME CURRENTLY UNDER COMPULSORY APPOINTMENT BE CONSIDERED DYSFUNCTIONAL?
Most are well aware that the Tribunal has the power pursuant to section 237 of the Strata Schemes Management Act 2015 to appoint a strata managing agent to exercise the functions of...
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Build to Rent in NSW: Can Onshore Non-Institutional Developers Achieve Financial Returns?
Madison Marcus attended the Build to Rent Property Council Australia event in Sydney last Wednesday, and there were some key takeaways from the discussion. One of the biggest questions on...
MM-Blog Content 13 JUL 2023 - 010
Varying Your Credit Licence in Australia: What You Need to Know
If you are involved in the financial services industry in Australia, specifically in the credit sector, you may come across situations where you need to vary your credit licence. Understanding...
MM-Blog Content 13 JUL 2023 - 09
​​Key Considerations When Applying for an Australian Credit Licence
Applying for an Australian Credit Licence (ACL) can be a significant step for businesses in the financial services industry. Whether you are a lender or broker providing credit-related services, obtaining...
Strata Article 23 AUG 2023 LI
To Litigate or Not to Litigate: A Case Study
“How can we resolve our dispute without ongoing and expensive litigation?  The Madison Marcus strata defects and dispute resolution team is dedicated to achieving cost-effective solutions for our clients and...
Strata Article 21 AUG 2023 LI
Strata Renewals – You must get the process right
In 2016, the new strata renewal process, also known as collective sales, came into effect under Part 10 of the Strata Schemes Development Act (SSDA).  This process allowed 75% of...
MM-Blog Content 13 JUL 2023 - 08
How to Identify and Assess Modern Slavery Risks in Your Business
Modern slavery is a grave issue that affects millions of people worldwide. According to the latest Global Estimates of Modern Slavery in 2021, a staggering number of individuals, approximately 50...
MM-Blog Content 13 JUL 2023 - 07
How to Avoid Green Bond Scams
Recently, the Australian government has announced plans to issue its first-ever green bond in 2024. Unfortunately, with the increasing popularity of sustainable investing and ESG in Australia, scammers have sought...
MM-Blog Content 13 JUL 2023 - 05
What Are The Rights of A Beneficiary in a Will? 
Becoming a beneficiary in Australia is a significant event that carries both legal and personal implications. A beneficiary is an individual who is designated to receive assets or benefits from...
MM-Blog Content 13 JUL 2023 - 04
NSW Land Tax Essentials: Who Pays and How to Calculate It?
As the Valuer General determines land values on the 1st of July in accordance with the Valuation of Land Act 1916, it’s crucial to grasp the essentials of land tax...
MM-Blog Content 13 JUL 2023 - 03
When Do You Need a Property Lawyer for Land Tax Matters in NSW?
Are you a property owner or investor in New South Wales (NSW) wondering when it’s necessary to seek assistance from a property lawyer for land tax matters? Understanding the role...
MM-Blog Content 13 JUL 2023 - 01
6 Signs Your Business Is Insolvent
Running a business is no small feat, especially in a fast-paced and ever-changing economic landscape. If you are an Australian entrepreneur, you know firsthand the excitement and challenges that come...
PEG Case Law Update 31 JUL 23 LI
Case Law Update – Physical Commencement of a Development Consent 
A recent decision of the Land and Environment Court in Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79 is an example of the pitfalls in attempting...
MM-Blog Content 24 MAY 2023 - 010
When Do You Need FIRB Approval in Australia?
Are you considering investing or expanding your business in Australia? While investing in a foreign country can be an exciting endeavour, it’s important to navigate the legal requirements to ensure...
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Welcoming Christopher Frankish: Our New Financial Services Legal Expert at Madison Marcus
Madison Marcus is delighted to introduce Christopher Frankish as our latest addition to the firm. Chris brings a wealth of experience and expertise in Financial Services, specialising in Governance, Regulatory...
Insolvency 02 MAR 23 Blog
INSOLVENCY IN THE CONSTRUCTION INDUSTRY
Written by Cristian Fuenzalida The construction industry has faced significant challenges over the past year, with the impacts of Covid-19, including border restrictions and material shortages, ultimately impacting construction costs...
MM-Blog Content 24 MAY 2023 - 09
Why Hire a Lawyer for FIRB Matters
In an era of global connectivity, foreign investments play a vital role in shaping economies and driving innovation. However, they also raise important considerations surrounding national interests, economic security and...
MM-Blog Content 24 MAY 2023 - 08
How Does the Safeguard Mechanism Work?
ions. With environmental concerns taking centre stage in current events, understanding how this mechanism works has become more crucial than ever.  In this article, we will explore how the Safeguard...
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Unleashing the Secrets of a Deal Maker: Insights from Ramy Qutami, Sports & Entertainment Partner of the Year Nominee
If you haven’t already, it’s time to take note and learn from the expertise of Ramy Qutami, a force to be reckoned with in the world of deal-making. As a...
MM-Blog Content 24 MAY 2023 - 07
Why Does the NGER Act Matter?
e National Greenhouse and Energy Reporting (NGER) Act 2007 is a prime example of this trend.  If you’re a business owner in Australia, it’s essential to understand how this legislation...
MM-Blog Content 24 MAY 2023 - 06
Australian Visa Applications: How to Pass the Character Test
If you’re planning to migrate to Australia, you’ll likely face a character test as part of your visa application. The character test is designed to ensure that only those who...
MM-Blog Content 24 MAY 2023 - 05
A Guide to the Temporary Skill Shortage Visa: Who Qualifies and How to Apply
nities is the Temporary Skill Shortage Visa (TSS Visa), which enables skilled workers to live and work in Australia for up to four years. But understanding the TSS visa application...
MM-Blog Content 24 MAY 2023 - 04
What Do Easements Mean for Your Land Rights?
e significant implications for property owners and developers alike. If you want to understand more about property law, this article is for you. We’ll provide an overview of what easements...
MM-Blog Content 24 MAY 2023 - 03
EPBC Act: What Project Developers in Australia Should Know
nment for future generations. That’s where the EPBC Act comes in. This legislation, also known as the Environment Protection and Biodiversity Conservation Act 1999, is designed to protect and manage...
MM-Blog Content 24 MAY 2023 - 02
When Should You Dispute A Debt?
Have you ever received a notice from a debt collector and felt overwhelmed, unsure of your rights or what to do next? You’re not alone. With the economic impact of...
MM-Blog Content 24 MAY 2023 - 01
How to Protect Yourself from Litigation in Franchise Agreements
Franchising has become a popular way for many Australians to start their own business. According to IBISWorld, there are 1,267 franchising businesses in Australia as of 2023. However, the franchising...
MM-Blog Content 24 APR 2023 - 010
How To Avoid Insolvency in Your Construction Company
Australia’s construction industry is a significant contributor to the country’s economy, generating jobs and growth across the nation. However, the industry is also known for its financial volatility, with many...
MM-Blog Content 24 APR 2023 - 09
What Is the Limitation of Liability in Construction Contracts?
In the construction industry, disputes and claims arising from projects can cause significant financial and reputational damage to all parties involved. As a business owner, you may be familiar with...
MM-Blog Content 24 APR 2023 - 08
Top 5 Common Strata Disputes and How to Resolve Them
If you’re a property owner in Australia, chances are you’re familiar with the concept of strata. Strata refers to the ownership of part of a property, such as a unit...