Articles

A grant of representation made by a court outside of Victoria does not automatically carry the same authority to deal with assets situated in Victoria compared to a grant that is made in Victoria. However, the Administration and Probate Act 1958 (Vic) (‘Act’) provides for the acceptance of grants of representation made interstate and in specific overseas jurisdictions. This process is known as resealing.

A restrictive covenant is an agreement between parties which restricts the use and benefit of one parcel of land for the benefit of other parcels of land. In most cases, once these agreements are entered into, they are registered on Title. They are not removed once you purchase the property. If you are looking sell your current property, you are required to disclose any existing covenants in your Vendor’s Statement.

Under section 18 of the ACL, persons involved in trade or commerce are prohibited from engaging in conduct that is misleading or deceptive. This includes a prohibition of conduct that is likely to mislead or deceive. Importantly, there is no requirement that the misleading conduct be intentional, or that anyone suffer any loss or damage as a result of the conduct. Claims of misleading and deceptive conduct can be made by the ACCC or by anyone to whom the misleading conduct was directed – though in the latter case, this would be unlikely to occur unless some loss or damage had been suffered.

Businesses are generally aware that they need to obtain Workers Compensation insurance for their employees. But did you know that you may have to obtain Workers Compensation insurance for your independent contractors? Workers Compensation insurance is required in circumstances where contractors are classified as workers of an employer.

What do you do when your property is damaged by water from a neighbouring property? The Water Act 1989 (Vic) sets out the legal position for those affected by water damage originating from a neighbouring property and provides an avenue through which legal action may be taken. Our Litigation Team explains.

Mediation is a voluntary, confidential process whereby two or more parties agree to sit down and attempt to resolve their differences in an informal setting. Attempting to resolve a dispute between and employer and employee through mediation, is no different!

Taking a proactive approach to workplace health and safety is essential for any business. The consequences – both in ethical and legal terms – of businesses failing to provide a safe workplace is simply too high to be ignored.

‍

If you are considering purchasing or investing in property as part of your business, these stamp duty tips and traps are key factors of which to be aware when making decisions. Recently, the State Government has been finding additional means to raise revenue through stamp duty in Victoria.Below we consider important legislative changes that the State Government has made to the Duties Act 2000 (Vic) and previous exemptions which are now being closely scrutinised by the State Revenue Office (‘the SRO’).

A Part IX Debt Agreement is a useful tool for debtors and creditors alike, providing debtors with a way in which to settle debts without becoming bankrupt, and creditors with the potential to receive more than they would if the debtor were to be made bankrupt, as our Litigation team explain.

Part IX Agreements, also known as Part 9 Debt Agreements, provide an avenue for a person who is unable to pay their debts to reach an agreement with their creditor(s) for repayment, as our Litigation team explain.

The Fair Work Act 2009 (Cth) provides that an employer can only make a deduction from an employee’s pay in certain circumstances.

‍

Bankruptcy can be entered into either voluntarily or on application by a creditor. Approximately 90% of bankruptcies are entered into voluntarily by the individual declaring to the court that they do not have the means to pay off their debts. Whether or not entering into voluntary bankruptcy is the right decision for you depends on your unique circumstances.