Tenant’s risks when a landlord is in liquidation
December 18 2013 The High Court of Australia recently decided that when a landlord goes into liquidation, the liquidator may be able to disclaim a lease granted by…
Rights of beneficiaries of a Discretionary Trust to documents
August 4 2015 A beneficiary of a Discretionary Trust does not have a fixed interest in the Trust. A beneficiary only has a right to be considered by the Trustee…
Whose car is it anyway? Car parking on common property
July 10 2014 An owners corporation may make rules for vehicles and parking on common property. Clause 3.2 of the model rules provides: "An owner or occupier of a…
Misleading & deceptive conduct - contract declared void in court
April 21 2015 The client had been sued because she refused to pay for machines which she bought based on misleading and deceptive representations made to her by…
Warranty and indemnity insurance - a buyers and sellers panacea or "fools gold"
December 10 2013 While warranty and indemnity insurance has been available in Australia through specialist insurance brokers for a few years, many advisers in the…
Owners Corporation update: Short-stay accommodation arrangements soon to be regulated
November 1 2018 The long-awaited Owners Corporation Amendment (Short-Stay Accommodation) Bill 2016 was recently passed by the Victorian Parliament which will come…
Owners Corporation update: New Regulations to improve efficiency and effectiveness of owners corporations
October 30 2018 On 2 December 2018, the Owners Corporation Regulations 2018 will come into effect. The new Regulations give effect to the Owners Corporation Act 2006…
Estate Group update: New fees for probate applications now apply
October 11 2018 On 30 September 2018, the new Supreme Court (Fees) Regulations that set out the new fees and fee structure came into effect. What are the new fees for…
Commercial and Corporate case note: Court’s decision ‘shredz’ $2.25 million from Heinz for misleading or deceptive health claims
September 17 2018 In the recent case Australian Competition and Consumer Commission v H.J. Heinz Company Australia Limited [2018], the Federal Court determined that the…
Intellectual Property update: New IP Court list to provide affordable IP dispute resolution
August 29 2018 On 1 July 2018, a specialist intellectual property (IP) list was introduced to the Federal Circuit Court system with the objective of providing…
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