Jacob Carswell-Doherty

Stunning aerial view of Jakarta's modern skyline with bustling streets below.

ABN vs ACN: Key Differences for Australian Business Owners

If you are considering setting up a business in Australia, you may be familiar with two key identifiers: the ABN and the ACN. Whilst they may seem similar- they often get confused despite serving different purposes and are issued by different government bodies. Understanding these identifiers is important to ensuring your business is compliant with …

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strata renovation approval

Strata Renovation Approval in NSW: When You Need Owners Corporation Consent

Renovating a strata-titled property in New South Wales often requires legal approval under the Strata Schemes Management Act 2015 (NSW). You cannot simply hire a tradesperson and begin. Lot owners must seek consent from the owners corporation if the works may affect common property or structural elements. The owners corporation is separate from the strata …

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cryptocurrency in family law

Lost the Ring, Kept the Crypto: Welcome to Modern Divorce

More Australians are investing in cryptocurrency. These assets now appear in separation disputes as volatile, anonymous, and often hidden. Bitcoin hoards stored in cold wallets and unexplained digital transfers are becoming common. Crypto is now a wildcard in family law. Courts have started paying attention to how cryptocurrency is used and disclosed in property settlement …

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setting aside a statutory demand

Setting Aside a Statutory Demand: What Companies Need to Know

When a company receives a statutory demand under section 459E of the Corporations Act 2001 (Cth), the clock starts ticking. This document, if left unanswered or unchallenged, can lead to the winding up of the company. However, Australian law provides strict mechanisms and deadlines for responding. This article explains how and when a company can …

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lottery winnings after separation

Do I Have to Share My Lottery Winnings After Separation?

Lessons from Farmer & Bramley (2000) FLC 93-060  Winning the lottery should be a life-changing moment, but what happens if you’re no longer with your partner when the windfall arrives? When it comes to lottery winnings after separation, are you entitled to keep it all, or could your ex have a claim? The answer isn’t …

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bankruptcy and deceased estates

Bankruptcy and Deceased Estates: Impact on Executors and Beneficiaries

The intersection of bankruptcy and deceased estates can create complex legal issues for executors and beneficiaries. In the administration of deceased estates, the financial status of executors and beneficiaries can have legal consequences. If an executor or beneficiary is bankrupt, complications may arise. Bankruptcy, whether it occurs before or after the grant of probate, introduces …

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psychiatric injury in employment contracts

Farewell Addis: High Court Recognises Psychiatric Injury in Employment Contracts

Introduction On 11 December 2024, the High Court of Australia delivered a landmark decision in Elisha v Vision Australia Ltd [2024] HCA 50. For the first time, the decision recognises that psychiatric injury in employment contracts can give rise to damages for breach. The judgment overturned more than a century of common law authority, rejecting …

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transition from AAT to ART

Beyond the Acronyms: Understanding the Transition from AAT to ART

The transition from AAT to ART marks a significant development in Australia’s federal administrative law framework. The Administrative Appeals Tribunal (“AAT”) was the primary merits review body at the Commonwealth level and allows for the review of decisions made by government departments and agencies or specialist merits review bodies under 400+ Commonwealth and Norfolk Island …

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doctrine of frustration in Australian contract law

Doctrine of Frustration in Australian Contract Law: Lessons from Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6

Introduction The COVID-19 pandemic created an unprecedented disruption across the commercial landscape, raising fundamental questions about the doctrine of frustration in Australian contract law. In particular, parties queried whether government-imposed restrictions could justify termination of a contract. In Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6, the High Court of …

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