Admin Law

Review of decisions by statutory bodies.

Many decisions by statutory bodies are subject to review by a court or specialist tribunal. An example of this is the review of a decision by a council refusing planning consent. Most often the question is whether the decision is within the scope of the legislation under which it was made. In some cases the implementation or validity of the legislation itself may be challenged.

Companies

Regulation and management of companies.

Companies are regulated by the Corporations Act 2001. The Act deals with all aspects of company law including the incorporation of companies, directors' duties, shareholders' rights, the calling and holding of meetings and winding up of companies. Certain formalities must be complied with and changes to the company notified to the Australian Investments and Securities Commission.

Contracts

Binding agreements.

The law of contract enables two or more parties to enter into a binding agreement. Simple agreements may be verbal, but more complex agreements require writing. The preparation, execution, performance, interpretation, validity and enforcement of binding agreements are dealt with under contract law.

Consumers

Consumer protection, rights and remedies.

Prior to 31 December 2010 a considerable body of Federal and State legislation was enacted to protect consumers. On 1 January 2011 the Australian Consumer Law commenced. The ACL creates a single national consumer law and makes important changes in areas such as unfair business practices, consumer guarantees, product safety, unfair contracts and sales practices.

Debt Recovery

Recovery of debts

Debts fall within the law of contract although specific remedies exist through the courts to recover unpaid debts.

Employment

Employer and employee relations.

The law of employment is a mixture of contract law, common law and legislation. It is still open to an employer and employee to agree the terms of employment subject however to industry awards and applicable legislation. The remedies for unfair dismissal are part of employment law.

Equitable Relief

Discretionary remedies in support of legal rights.

Equitable rights and remedies are linked to the basic principle that "equity looks on as done what ought to be done". Those rights can be enforced by the courts which have a discretion to declare the legal rights of the parties, grant an injunction to restrain a party or impose an order for the doing of a specific thing. The way in which the courts exercise their discretion is based on case law.

Family Law

Legally married and de facto relationships.

The Family Law Act 1975 permits a husband or wife to seek orders for divorce, division of matrimonial property, spousal maintenance and parental rights in relation to children. Recent amendments to the Act have extended those rights to hetrosexual and same sex couples in a de facto relationship. The Act also allows the parties to enter into binding financial settlements before or during their relationship or after its breakdown.

Finance

Secured and unsecured loans.

Loans to companies and individuals fall within the area of contract law, although special rules have been developed to deal with the rights of secured and unsecured creditors. The law also recognises a wide range of securities. Common examples are bills of sale, liens, company charges and real property mortgages each of which constitutes a written contract that is supplemented by legislation.

Joint Ventures

Single business ventures.

A joint venture is an legal agreement to carry out a single business venture. The agreement may take any form, but other areas of commercial law are relevant and will generally apply such as company, contract and trust law.

Litigation

Legal action through courts and tribunals.

The courts have power to determine disputes and make binding orders and judgments in most areas of the law. The Magistrates' Court also plays a significant role in disputes arising out of consumer transactions, neighbour relations, debt recovery and traffic offences.

Partnerships

Ongoing business ventures.

A partnership is an agreement with others to carry on an ongoing business. The agreement may take any form, but is often reflected in a written partnership agreement. The Partnership Act will apply if there is no written agreement or it is deficient. The Act also deals with the rights and remedies of the partners and third parties. Like joint ventures, other areas of commercial law are relevant to the affairs and management of partnerships.

Real Property

Interests in land.

Interests in land are dealt with under legislation, common law and equity producing a complex legal mix. However, the Real Property Act 1886 introduced the "Torrens" system of ownership by registration providing much needed certainty in this area. Common transactions such as the sale of land, leases and mortgages are dealt with under both contract and property law.

Retirement

Regulation of retirement and superannuation funds.

Compulsory and industry based superannuation has resulted in detailed legislation regulating how funds must be held and invested and when and how benefits can be paid to retirees. In many instances the decision of the superannuation trustee may be subject to review or judicial supervision.

Torts

Common law rights and remedies developed by the courts.

The law of torts reflects the common law rights and remedies developed by the courts in cases. The most notable example is the tort of negligence which imposes on companies and individuals a duty to take reasonable care in their dealings with others.

Trusts

Splitting of the legal and beneficial ownership of property.

The law trusts enables a company or individual trustee to hold property for others. Trusts may be implied by law or expressly created by parties for business, investment, taxation or family reasons. The most common trusts are "discretionary" where the distribution of trust funds and the beneficiaries are determined by the trustee and "fixed" where the beneficiaires are known and entitled to a fixed portion of the trust funds.