Recent releases

Recent releases include:


Coming soon

Soon to be published are:

  • Business / Franchise Sale and Purchase, WA
  • Conveyancing, WA
  • Enforcement, QLD
  • Estates, WA
  • Motor Vehicle Accident, VIC


Product purchase

Our products are available for purchase via Smokeball.

Smokeball - Connecting Lawyers with Authors


Our products are included with subscriptions to LEAP.



Follow us

Follow us on LinkedIn

Helping the practice of law become a little easier

General practitioners are always short of time, carry a great deal of responsibility and have ever present intellectual challenges.

By Lawyers For Lawyers commentaries and precedents ease this burden by removing the need for practitioners to keep abreast of the law and practice and forms and precedents.

This task is undertaken on a daily basis by the By Lawyers authors and research staff.

Our commentaries and precedents are presented in the sequence in which they are needed from getting a matter underway through to finalisation.

As further support a Mentor subscription sees a person who is considered to have sufficient experience or expertise to be able to assist others less experienced available to provide assistance.


Read this weeks top 3

Questions & Answers

11 July 2014

Question 1

Hi, I act for the vendor in the sale of a small business. There are several casual employees, two of whom have greater than 5 years of service.

Is it correct that any casual employee with greater than 5 years service has a long service leave entitlement irrespective of the consistency or regularity of their hours (provided they have not had a break of greater than 3 months). As a consequence an adjustment has to be made at settlement if the employee is continuing with the new owner.

If the employee is not continuing with the new owner a payment needs to be made as the employee is being terminated. (NSW question)


It is a matter for agreement. If you use the Law Society contract without amendment, I agree with you in relation to the adjustment.

I also agree with you in relation to the obligation to terminating employees. Casuals are entitled to long service leave.

Continuity of service may be broken by a shorter break than 3 months and may not necessarily be broken by 3 months. You need to review the circumstances against s4(11) Long Service Leave Act.

Question 2

Are you able to nominate a trustee of your self-managed super fund as a substitute buyer under the contract for the sale (prior to settlement)?

Presumably this will not be deemed as a 'sale' to your SMSF and will be okay from the SIS act & conveyancing perspective
(VICTORIAN question)


Correct, you can nominate.

Question 3

We have a client who has an outstanding account from a customer. The customer ("Debtor Company") has sold all its assets to a separate Company ("Company A").

Company A now operates from the offices of the debtor company. What right of claim does our client have against Company A? The Debtor Company is currently at court defending claims by other creditors. There is a high likelihood that the company will be put into administration.


There are a number of possible outcomes. If the company goes into liquidation then the transaction by which it sold its assets may be voidable by the liquidator for instance for uncommercial transactions or unfair preferences.

If the company has been engaged in insolvent trading then the directors may be personally liable.

If these factors do not apply and the transactions have not in effect been done to defeat creditors then there is no recourse against the new company or its directors.
Remedies for phoenix activities exist in relation to employee entitlements but not third party debts.

View Mentor Knowledge Base in full.

Mentor Knowledge Base is a collection of questions and answers that have been raised through Mentor Q & A on the Smokeball site.






Areas of law

For specific publications, see guides. Our products cover the following areas of law on a state and federal basis, as appropriate:

  • 1001 Conveyancing Answers
  • Bankruptcy and Liquidation
  • Business Conveyancing
  • Companies, Trusts, Partnerships and Superannuation
  • Continuing Professional Development
  • Conveyancing
  • County Court
  • Criminal
  • De Facto
  • Disputes
  • District Court
  • Employment Law
  • Enduring Guardianships
  • Enforcement
  • Estates
  • Family Provision Claims
  • Family Law
  • Insolvency
  • Leases
  • Local Court
  • Magistrates Court
  • Mortgages
  • Motor Vehicle Accident
  • Neighbourhood Disputes
  • Personal Injury
  • Personal Property Securities
  • Powers of Attorney
  • Supreme Court
  • TAC Claims
  • Traffic
  • Victims Compensation
  • Wills
  • Workers Compensation