May 2016


Latest Legal Updates

Employment – Accessory to a murder... still requires procedural fairness to be observed

A common issue for employers is whether they can discipline an employee for their out of hours conduct.

We note that there is no prescribed list in determining whether an employee’s poor behaviour out of hours is grounds for an employer to initiate disciplinary proceedings. However, if a situation arises, it is important for employers to remember to provide fair process and natural justice to the employee no matter the circumstances.

Property, Infrastructure & Development – Electronic Conveyancing Changes

South Australia will soon be moving into the electronic conveyancing world with the Real Property (Electronic Conveyancing) Amendment Bill 2015 expected to receive assent in the next month.

The commencement of the Bill will bring with it a number of major changes to align requirements for paper and electronic transactions in South Australia.  It will be important for parties dealing with land to understand these changes and the process their transaction will go through moving forward.

Real Property - Contracts for the sale and purchase of land: When will a deposit be a penalty?

A recent decision in the New South Wales Supreme Court (Sydney Developments Pty Ltd v Perry Properties Pty Ltd [2016] NSWSC 515 (28 April 2016)) has affirmed the commonly held position that a deposit paid under a land contract and that is able to be forfeited under that contract (i.e. for reason of breach or otherwise) cannot generally be greater than 10% of the purchase price under the contract. 


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