Long Saad Woodbridge

14/10/2024

Recently, in July 2024, the Federal Court declared a term in PayPal Australia Pty Limited’s standard small business contracts as unfair.

Both the Australian Consumer Law (ACL) and Australian Securities and Investments Commission Act 2001 (ASIC Act) regulate unfair contract terms in standard form contracts.

With recent legal changes and this case as a spotlight, it’s more important than ever for businesses to avoid unfair terms.

In September 2023, the Australian Securities and Investments Commission (ASIC) challenged a clause in PayPal’s contracts allowing it to retain fees

23/09/2024

On 23 September 2024, the Australian Competition and Consumer Commission (ACCC) commenced Federal Court proceedings against Woolworths and Coles for allegedly misleading consumers through their “Prices Dropped” and “Down Down” campaigns. The ACCC claims that both companies inflated prices briefly before launching these promotions, giving the false impression of significant savings.

This high-profile case serves as a reminder to industries across the board, particularly the automotive sector, that transparency and compliance with Australian Consumer Law (ACL) are non-negotiable when it comes to pricing and promotional campaigns.

Keep reading:

The automotive sector, like many others, heavily relies on discounts and advertising to drive sales. However, misleading claims can lead to severe legal and reputational consequences.

23/09/2024

This is Part 3 in our 3 part series about death benefit nominations.

A non-exhaustive list of situations in which a binding death benefit nomination might be appropriate is:

1) At any time if the member can’t be assured of a fair outcome without it.

2) If the fund consists of more than a husband and wife.

3) A nomination ensures that the death benefits end up where the deceased wants them to go, without the need to get trustee consensus.

4) In a husband and wife fund where there is a lack of trust between them.
.. to continue reading, visit:

A non-exhaustive list of situations in which a binding death benefit nomination might be appropriate is:

16/09/2024

This is Part 2 in our 3 part series about death benefit nominations.

Just because a person has superannuation benefits does not mean that they must have a binding death benefit nomination. It is their choice about whether they will or will not have a nomination.

Our view is that members of a SMSF only need to leave a binding death benefit nomination if they cannot be certain that their death benefits will pass in the way that they want them to pass if they don’t leave one.

In an appropriately structured will and given a harmonious family unit, the absence of a nomination can actually leave the family with greater flexibility in managing the tax effective passing of wealth on death.

Keep reading to learn more.

Just because a person has superannuation benefits does not mean that they must have a binding death benefit nomination.  It is their choice about whether

12/09/2024

This is Part 1 in our 3 part series about death benefit nominations.

The case of Katz v Grossman [2005] NSWSC 934 (16 September 2005) was an early highlight of the need for members of a self-managed superannuation fund (SMSF) to either:

have left a binding nomination as to how they want their superannuation benefits to be paid on their death (death benefits)

~or~

to have considered it, but have total trust that those controlling the trustee of the SMSF after their death will do the right thing.

Keep reading to learn more about whether you need a Binding Death Benefit Nomination (BDBN)

The case of Katz v Grossman NSWSC 934 (16 September 2005) was an early highlight of the need for members of a self-managed superannuation fund (SMSF) to

04/09/2024

Succession law provides that probate validates all prior actions of an executor. Think again.

Particular care needs to be taken by an executor when dealing with a sole director / sole shareholder company prior to a grant of probate.

Day to day decisions of the company cannot be made in that period between the date of death and the grant of probate.

There are various things that can be done to manage this issue. Here are some of them.

Succession law provides that probate validates all prior actions of an executor.  Think again.

25/08/2024

Our commercial leasing team frequently supports both landlords and tenants in negotiating and formalising lease incentives. These incentives are crucial in enticing tenants to commit to leases, especially for extended terms.

A “clawback provision,” requires tenants to repay a proportionate amount of the incentive if they default and fail to complete the lease term.

Read more:

Common lease incentives include:

20/08/2024

Our property law team often assists with exchanging contracts for a client to purchase a property in their name only, but before settlement the client asks if they can add their partner or spouse on the title.

Although this may seem simple, unfortunately that is not always the case.

Keep reading to learn more

Although this may seem simple, unfortunately that is not always the case.

21/05/2024

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.

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

16/05/2024

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.

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.

07/12/2023

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.

The annual office Christmas party is an occasion to unwind, bond with colleagues, and reflect on the year's accomplishments. However, as media reports

11/10/2023

📣 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.