Testimonials

Newhouse & Arnold Solicitors dealt with my franchise matter efficiently and with integrity. David Newhouse's experience in franchise law was exceptional. His service and fixed fee service approach was excellent. I will definitely recommend Newhouse & Arnold Solicitors to my family and friends, and I look forward to use his service again for my next franchise purchase.
Tom Rusli, Crust Franchisee


I take this opportunity to thank Newhouse and Arnold Solicitors Franchise Lawyers for your diligence during the whole franchise business purchase, especially when things started to go "wrong" pre-settlement. Your services have been excellent and extremely cost efficient. I will definitely recommend your services to friends and relations.
Ludovic Laporte


After engaging and dismissing numerous solicitors over the last ten years, we have finally found 'our solicitor' in David Newhouse. David is thorough, efficient and above all communicates freely in simple language. In a recent purchase of a franchise, we suddenly found a minefield of potential risks expose themselves. David calmly collected all the information and laid out our options clearly. He kept us fully informed of changes in the situation at all times.
Alan Popely & Janita Rankin, Howards Storage Franchisee


I would not hesitate to recommend your firm. Having been in a difficult situation with the Franchisor, your advice and guidance was instrumental in identifying an exit strategy and enabling me to execute it quickly and efficiently.
Nigel Hall


Your advice in preparing our plain english IT service contract has allowed our business greater protection and has allowed our customers to confidently engage our IT services and understand now exactly what they getting from us.
Francis McIntyre


Legal News

Billy Baxter Franchisee Provided Wrong Comparable Figures by Franchisor
The Franchisor, Billy Baxter, provided estimated sales figures/turnover/rent for a new greenfield café by using comparable figures from another café. The Franchisor quoted figures were higher than the actual turn-over from the other cafe.
read more...

NSW Land & Environment Court does not link termites, fire potential or leaf litter as a reason to remove neighbours trees under the Trees (Disputes Between Neighbours) Act 2006
In Class 2 proceedings, Fakes C in Sultana v Micallef [2012] NSWLEC 1078, the NSW Land & Environment Court dismissed the bulk of proceedings, save as to granting the removal of 1 tree out of 69 trees in Schofields, Sydney...
read more...

Big bust up at Sydney's SumoSalad
"In my experience, it is rare to see a franchisee thrown out of a store," Mr Newhouse said...
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NSW Land & Environment Court dismisses tree dispute claim that roots from a neighbours tree did not cause structural cracking of a neighbours wall
In proccedings, the NSW Land & Environment Court dismissed proceedings as the Applicants were unable to prove that a Blue Gum tree in Castle Cove, Sydney caused or is causing damage to a neighbours house...
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NSW Land and Environment Court refuses to subdivide two residential lots
In Class 1 proceedings, Tuor C in Tenhave v Wollongong Council [2010] NSWLEC 1361, the NSW Land & Environment Court disallowed an appeal to subdivide two residential lots at Cordeau Heights, Wollongong...
read more...

Location

McMahons Point (Head Office)
23A King George Street,
McMahons Point NSW 2060
Phone: 02 9922 1100
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Bondi Junction (Branch)
Suite 14, Level 2, 51-53 Spring Street
Bondi Junction NSW 2022
Phone: 02 9922 1100
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Mailing Correspondence
PO Box 7136
McMahons Point NSW 2060
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Federal Government Fails to Deliver Streamlining for Companies Reporting Energy and Greenhouse Gases

Companies have been hit with onerous energy and greenhouse reporting requirements, requiring companies to collect fuel data to meet the various Federal and State Government requirements.

“The Department of Climate Change and Energy collects fuel data under the National Greenhouse and Energy (NGER) Program and the same Department collects the same energy data from companies 3 months later under the Energy Efficiency Opportunities (EEO) Program” Mr David Newhouse, Partner of Newhouse & Arnold Solicitors, said.

Mr David Newhouse also said that “Companies are also required to report the same fuel data for other Federal and State Government programs, again and again and again and it seems that other Departments cannot access NGERS data reported by companies”.

“Not only is this causing a reporting burden for companies, the NGERS program requires companies to collect every bit of fuel data from a 7kg LPG gas BBQ bottle to 1000s of tonnes of coal, as there is no materiality threshold under the NGER scheme” according to Mr David Newhouse.

The requirements to slice and dice data to meet the Government mandatory NGERS reporting program is onerous and adds little benefit to the companies reporting.

17 months on from when Senator Wong announced in a press release “Government cuts emissions and energy reporting red tape for business”, Senator Wong claimed that:

“Streamlining the greenhouse energy reporting process into a single, national system will reduce the administrative burden for Australian business.”

The red tape continues, companies are reporting the same data that is available under NGERS many times to different Government Departments. Mr David Newhouse is aware that within the last 12 months, the same data has been requested 4-5 times under different Government programs which could have been accessed from the NGERS program.

Not only is the NGERS scheme complex, onerous and provides little benefit for companies reporting, CEOs and Managing Directors of companies can be held personally liable for their data. CEOs are requesting reviews of their program to protect them from being held personally liable.

As at 30 June 2010, 723 companies had registered for the NGERS Program and were required to report their energy and greenhouse gas emissions for FY2010. It is predicted that more than 3000 companies will be required to report on their FY2011 emissions with the mandatory threshold being reduced.

“It is simple, the Government should make the NGERS data available to all Departments, including its own Department of Climate Change, which would prevent Government Departments requesting similar information” Mr David Newhouse said, “and the Government could access data from electricity, gas and petroleum retailers and companies would then only need to report on fuel consumed on site (like coal, woodchip, fuel oils etc.), again reducing the reporting burden for companies”.

For more information, click here for complete NGERS paper by David Newhouse or contact David Newhouse on (02) 9389 3838.

/templates/newhouse/files/NGERS Paper 2 December 2010 David Newhouse.pdf

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