Published in Corporate & Commercial on 20th Apr 2016
Accessing Preferential Tariffs Only those goods which “originate” in either China or Australia will be able to qualify for preferential tariff treatment under the ChAFTA. Goods will be considered “originating” if: they are wholly obtained or produced from wholly obtained goods in China or Australia; or they are produced entirely in China or Australia from materials classified as ‘originating’; or they are produced in China or Australia using inputs from other countries which meet the Product Specific Rules. Wholly obtained goods typically include goods that are sourced directly from natural resources including live plant and animal products, minerals and naturally o...
Published in Corporate & Commercial on 13th Apr 2016
Is the Foreign Company ‘Carrying on Business’? Foreign companies that do not meet the ‘carrying on business’ threshold in section 21(2) of the Act may not need to register. It is therefore necessary to consider the specific nature of your intended Australian business activities. At common law, courts have interpreted the threshold as a ‘systematic and regular carrying on of business with a view to profit.’ Foreign companies that merely seek to invest funds, collect debts or hold property will generally not be required to register. Registration If a foreign company is deemed to be ‘carrying on business,’ it is required to register with ASIC in the prosc...
Published in Corporate & Commercial on 10th Aug 2015
Can a binding agreement be created over email? In the recent decision of Stellard Pty Ltd v North Queensland Fuel Pty Ltd, The Supreme Court of Queensland held that a binding contract of sale existed where parties had communicated via email and intended to later enter into a written agreement. Stellard Pty Ltd v North Queensland Fuel Pty Ltd North Queensland Fuel (NQF) and Stellard negotiated via email for the purchase of a petrol station. Stellard sent an email to NQF containing the terms of their purchase offer. Notably, a follow up email from Stellard stated “this offer is of course subject to contract” and “[we] need acceptance of our offer immediately so we are in a pos...
Published in Corporate & Commercial on 26th Sep 2011
Background Luxottica Retail Australia Pty Ltd (“Luxottica”) owns subsidiaries such as OPSM and Budget Eyewear and deals in eye-wear and eye-care. Luxottica, and its subsidiaries, promoted the sale of frames for glasses at a discount on the condition that the customers purchase the lenses that fit the frames at full price. Under the Act the supply of lenses is considered a GST-free supply while the supply of a frame is considered a taxable supply. A dispute arose as to the correct application of GST on the promotion. The inherent circularity of section 9-80 Section 9-80 of the Act contains the equation used to determine the GST payable on mixed-supplies; that is supplies that contai...
Published in Commercial Agreements on 21st Nov 2021
What constitutes a small business? The legislation defines a small business as a business that employs less than 20 employees. The definition includes all full-time, part-time and even casual employees if they are engaged on a regular basis. What is a standard form contract? Several factors need to be taken into account in determining if a contract is standard form. Generally, standard form contracts are those which contain standardised and non-negotiated terms, are prepared by one party prior to entering into the transaction and are offered on a ‘take it or leave it’ basis. Contracts will be presumed to be standard form unless a party proves otherwise. Examples of comm...
Subcategories
Legal Services
We have the legal experience and resources to assist you with a vast range of legal and business matters. If your matter does not fall within the practice areas below, please contact us to discuss it further.
Property Law & Conveyancing
We practice in the following areas:
- Conveyancing
- Property Development Services
- Owner corporations
- Building Disputes
- Review, preparation and negotiation of commercial, retail and industrial leases including subleases and licences
- Commercial lease disputes
- Property management
- Adverse possession claims
- Zoning, planning and environment advice
- Land and property valuations
- Removal of restrictive covenants and easements
- General law land conversions
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Conveyancing
We assist clients in the following areas:
- Subdivisions and Off the plan sales and purchases
- Commercial property sales and purchases
- Residential property sales and purchases
- Due diligence
- Related parties’ transactions
- Retirement village units and houses
- Caveats
- Stamp duty issues
- Nomination issues
- Mortgages and securities
Property Development Services
Our services include:
- Site acquisition
- Planning disputes
- Plan of subdivision
- Registration
- Sale of lots
Owners Corporation Law
RKL has acted for and advised owners corporations, managers, lot owners, and property developers, and can assist you with the following areas:
- establishment and formation of owners corporations
- management obligations
- fee/debt recovery
- dispute resolution process
- drafting and registration of owners corporation rules
- procedures and requirements for meetings
- advising on obligations regarding common property (including repair and maintenance obligations, leasing/licensing, etc)
- matters relating to subdivision
- conversion from strata/stratum to subdivision (with owners corporation)
Building Disputes
RKL can assist clients with contractual issues and workmanship issues, including:
- Contract interpretation
- Faulty or unsatisfactory workmanship
- Incomplete building works
- Non-compliance with Australian Building Codes and Standards
- Domestic building disputes under the Domestic Building Contracts Act 1995 (Vic)
- Fencing Disputes
- Matters under the House Contracts Guarantee Act 1987 (Vic)
- Injunctions sought in relation to building work
- Representation in Victorian Civil and Administrative Tribunal (VCAT), Buildings Appeal Board and all court jurisdictions
- Professional liability and negligence
- Insurance claims advice
Our clients’ Property Developments
We are proud to be working with our clients on the following exciting developments...
Pure42 Wilson St, South Yarra
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Milla Apartments290 Hawthorn Rd, Caulfield
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Made111 - 113 Inkerman St, St Kilda
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Camden Apartments681 Inkerman Rd, Caulfield North
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Husk16 Hughenden Rd, St Kilda East
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Amber41 Mavho Street, Bentleigh
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Onyx669 – 673 Centre Road Bentleigh
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Dispute Resolution & Litigation
We practice in the following areas of dispute reolsution and litigation:
- Negotiation and Mediation
- Arbitration
- Litigation in all Jurisdictions
- Corporate and Commercial law including white collar crime
- Family Law
- Criminal Law
- VCAT
- Employment Law including the Fair Work Commission
- Council and Neighbour disputes
- Administrative Law
- Collaborative Law
Collaborative Law
Collaborative law is a relatively new way of resolving family and other legal disputes. Instead of the traditional adversarial process, collaborative law uses a dispute resolution process in which the parties agree not to go to Court and commit to resolving their issues and achieving an outcome that meets the needs of all parties.
Collaborative law is particularly suitable for the resolution of financial and parenting issues arising from separation and divorce. The collaborative process is designed to achieve equitable outcomes and foster cooperative relationships between the parties, both during the collaborative process and after, which is in the best interests of the parties and their children.
- Clients, their lawyers and other professionals work together, in collaboration, over a series of joint meetings;
- Lawyers and clients focus on settling the dispute instead of preparing for Court;
- Private communications between lawyers is kept to a minimum;
- The involvement of clients gives them control over the process;
- If the parties are cooperative and willing to comply with their disclosure obligations, communicate and compromise, the collaborative process is a more cost-effective and efficient means of dispute resolution in family law matters than the alternative of litigation; and
- The skills parties learn to apply during the collaborative process can assist them to communicate and cooperate even after the dispute is resolved. This is especially valuable if the parties have children and wish to retain a post-separation relationship for the benefit of the children.
Importantly, collaborative law is not for everyone or for every dispute. If discussions between the parties break down and a settlement cannot be reached, the lawyers for both parties are disqualified and no longer able to continue acting for their clients.
RKL’s Magda Kron is a Collaborative Law Practitioner and a Member of the International Academy of Collaborative Professionals. She can assist you in determining if the collaborative process is suitable for you.
Administrative Law
RKL provides advice on many aspects of administrative law, including:
- Advice on the consequences of administrative decisions
- Judicial review of administrative decisions - Federal Court and Supreme Court
- Merits review of administrative decisions - Commonwealth Administrative Appeals Tribunal and State Tribunals
- Prerogative relief in the High Court of Australia
- Licensing requirements – fit and proper person test
- Statutory interpretation
- Freedom of information
- Privacy
Wills & Estates
RKL practices in the following areas:
- Wills and Estate planning
- Preparing Powers of Attorney
- Grants of probate and letters of administration
- Administration of deceased estates
- Inheritance and superannuation disputes
- Estate litigation
- Contesting Wills under Part IV of the Administration and Probate Act 1958 (Vic)
Elder Law
Australia's population, as in most developed countries, is ageing as a result of sustained low fertility and increasing life expectancy. Elder law is a legal term for the area of legal practice that covers the issues affecting the aging population.
At RKL, we assist clients in all aspects of elder law, including:
- Preparing Powers of Attorney
- Advising on issues of Guardianship
- Health and personal care planning
- Retirement planning
- Guardianship and administration disputes under the Guardianship and Administration Act 1986 (Vic)
- Advice concerning retirement villages and aged care facilities
- Wills and Estates
- Government benefits and pensions
- Trusts
- Inheritance planning
- Quality of life and independence
- Elder abuse
For more information on how Rudstein Kron Lawyers can assist you with Elder Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Corporate & Commercial
RKL’s areas of expertise include:
- Commercial Leasing
- Negotiation and Preparation of Commercial Agreements
- Franchising Arrangements
- Corporate Insolvency
- Terms and Conditions of Trade
- Competition and Consumer Law
- Technology and Intellectual Property
- Building and Development
Commercial Agreements
We are experienced in the drafting of:
- Sale of Business Contracts
- Commercial Leases
- Supplier Agreements
- Equipment Rental Agreements
- Shareholder Agreements
- Loan Agreements and Mortgages
- Trust Deeds and Variations
- Tenders
- Joint Venture Agreements
- Franchise and Licensing Agreements
Franchising
RKL assists clients with the following franchising issues:
- Franchising Code Compliance
- Franchise Agreements, Disclosure Documents and ancillary documentation
- Sales and purchases of franchised businesses
- Trade Practices Law compliance
- Capital fundraising
For more information on how Rudstein Kron Lawyers can assist you with Franchising Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Corporate Insolvency
RKL provides timely and commercially-minded advice regarding:
- Administrations, receiverships and liquidations
- Advice regarding rights and obligations
- Applications to wind up companies
- ASIC enquiries
- Bankruptcy Applications
- Claims against directors
- Recovering debts
- Creditor's Statutory Demands
- Insolvency litigation
- Securities
- Voidable preferences
- Disputes between lenders and borrowers
- Voluntary administrations
For more information on how Rudstein Kron Lawyers can assist you with Bankruptcy & Insolvency Matters please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Terms and Conditions of Trade
For more information on how Rudstein Kron Lawyers can assist you with Trade Practices Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Competition and Consumer Law
RKL advises on the following aspects of competition and consumer law:
- ACCC investigations
- Commercial disputes
- Consumer protection
- Misleading and deceptive conduct under the Australian Consumer Law
- Restraints of trade
- Unconscionable conduct
- Undue influence
- Unfair contracts
For more information on how Rudstein Kron Lawyers can assist you with Competition and Consumer Law please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Employment and Workplace advice
RKL advises employers and employees in relation to some aspects of employment and occupational health and safety laws:
- Recruitment
- Review, preparation and advice on employment and contractor agreements
- Discrimination and equal opportunity advice and disputes under the Equal Opportunity Act 1995 (Vic)
- Workplace bullying and harassment
- Confidential information and intellectual property
- Workplace training and policies and procedures
- Defamation in the workplace
- Occupational Health and Safety
- Restraint of trade
- Unfair dismissal
- Risk management
- Advice and representation in WorkSafe investigations and prosecutions
Technology and Intellectual Property
RKL can assist you with the following intellectual property law matters and related disputes:
- Assignments and licensing
- Commercialisation of intellectual property
- Confidentiality and non-disclosure agreements
- Copyright
- Designs
- Mediation and litigation
- Moral rights
- Trade marks
- Passing off
- Patents
- Performers’ rights
For more information on how Rudstein Kron Lawyers can assist you with any of the above please contact us, request an appointment with one of our staff or give us a call on {addressdetail telephone}.
Migration
RKL assists clients who are considering migrating to Australia. We have the legal expertise and in-depth understanding of the complexities of the Australian migration laws and procedures.
Our key areas of expertise are:
- Employer sponsored visas
- Skilled and business visas
- Visitor visas
- Student visas
- Family visas
Zelma Rudstein is a registered migration agent and as such adheres to the Migration Agents Registration Authority's Code of Conduct.
Family Law
RKL practices in the following areas:
- Children’s issues inlcluding: Adoption, Child abduction and Hague Convention matters, Child maintenance and support, IVF and surrogacy arrangements, Relocation and Specialist medical procedures.
- De facto/domestic relationships
- Domestic violence and intervention orders
- Financial agreements
- International family law
- Mediation and litigation
- Protection of assets
- Same sex relationships
- Separation and divorce
- Spousal maintenance
- Property settlements
- Superannuation splitting
RKL also has signifiant experience in Migration Law.
Magda Kron is a Collaborative Law Practitioner and a Member of the International Academy of Collaborative Professionals.
Migration Law
Zelma Rudstein is a registered migration agent who adheres to the Code of Conduct of the Australian Migration Agents' Registration Authority (OMARA). The Agent's Code of Conduct can be found here.
Animal Law
RKL provides advice on the following animal law issues:
- Laws concerning animal cruelty
- Requirements and responsibilities of pet ownership
- Complaints about animals in the community
- Dangerous and restricted dogs
- Injuries caused by animals
- Injured animals
Employment and Workplace Law
RKL advises employers and employees in relation to all aspects of employment law including:
- Recruitment
- Review, preparation and advice on employment and contractor agreements
- Discrimination and equal opportunity advice and disputes under the Equal Opportunity Act 1995 (Vic)
- Workplace bullying and harassment
- Confidential information and intellectual property
- Workplace training and policies and procedures
- Defamation in the workplace
- Occupational Health and Safety
- Restraint of trade
- Unfair dismissal and matters before the Fair Work Commission
- Risk management
RKL also has extensive experience advising in relation to occupational health & safety laws including:
- Workplace safety risk and liability
- Risk management
- Policies and procedures and training in workplace safety
- Advice and representation in WorkSafe investigations and prosecutions
- Insurance advice
- WorkCover claims
- Advice and representation in WorkSafe investigations and prosecutions