Articles
We aim to provide you with proactive and strategic legal and practical advice. Our articles provide a range of interesting and helpful insights on a vast array of topics.
Preventing Misrepresentation in Recruitment
Australian Consumer Law (ACL) contains protections for prospective employees against false or misleading representations made during the recruitment process. It is critical that employers are aware of this, and how to avoid falling foul of the law, as Anthony Sangster Robles explains.
Federal Court Overturns ATO Position on Trust Distributions: What It Means for Family Trusts
Mitchell Zadow, Managing Principal and Accredited Commercial Law Specialist, reviews a recent case where the Full Federal Court rejected the Australian Taxation Office's long-standing position on how unpaid trust distributions should be treated for tax purposes.
Wage Theft Laws: What Employers Need to Know
Administrative errors and dormant policies can no longer be blamed for the intentional underpayment of wages and other entitlements. Employment Lawyer Anthony Sangster Robles takes a look at Section 327A of the Fair Work Act which rings in serious legal consequences for directors, managers and shareholders found in breach.
Protecting Legal Professional Privilege - Tips and Tricks!
The final article in our three-part series on Legal Professional Privilege (“privilege”) provides some useful tips for ensuring that the privilege in your legal advice and in the material created for and by your lawyer for the purposes of providing legal advice, is protected from inadvertent or deliberate disclosure and thus waiver of the privilege.
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Understanding the 7.5% Short Stay Levy: Essential Insights for Accommodation Providers
A new 7.5% short stay levy applies to short-term accommodation bookings in Victoria — find out how this impacts you, who pays for the levy, and how to avoid penalties. Property Lawyer Coco Yu explains.
Recent articles
How can I protect the computer software I create as part of my business?
Copyright protection and patent protection can protect your rights of ownership of computer software.
Buying an existing business
Before agreeing to purchase the business, or even making an offer, it is prudent to make some enquiries about the business and the entity selling it. Mitchell Zadow, Accredited Specialist (Commercial Law) explains.
Overholding: New lease or old?
If a retail premises lease contains an overholding clause, its effect will depend on the conduct of both the Landlord and the Tenant once the original lease expires. However, where a Tenant exercises an option to renew, the circumstances will be different.
You've been served! (Or have you?)
What happens when both the Landlord and the Tenant are late in complying with their obligations for exercising an option for a further term? Accredited Property Law Specialist Andre Ong looks at the case of Xiao v Perpetual Trustee Company Limited [2008] VSC 412.
What should I look for when considering a new Retail Lease?
We list the key things to consider when looking at a new lease for retail premises, including your own legal obligations.
What is Mediation?
Prior to commencing court proceedings, a dispute should be mediated if at all possible, in order to save significant expense and worry. Even if you do commence legal proceedings, a Court will require you to attempt to resolve the dispute at mediation before proceeding to a final hearing.
Can the contracts I use in my business provide for a way of resolving disputes without going to Court?
Arbitration is increasing in popularity as a pathway to dispute resolution, and many business contracts include a clause which requires all disputes to be resolved by arbitration. Additionally, you can save thousands of dollars, as well as many days of valuable time by using arbitration instead of going to Court. Our Commercial Law Team explains.
Is duty now payable on leases?
The Duties Act 2000 ('the Act') has been amended to enable the State Revenue Office ('the SRO') to assess duty on Leases, which it believes are used as a mechanism to avoid duty. So how does this effect lease negotiations?
What happens when a commercial tenant goes broke?
Quite often commercial tenants are companies. What happens if your commercial tenant is experiencing financial difficulties or if they have a liquidator or administrator appointed? As a Landlord, you cannot simply terminate the lease. So what can you do? We outline three broad categories of insolvency that may be applicable to a commercial tenant as a company. Read here for more information.
Don't get caught out by an accidental terms contract
A terms contract can exist by operation of the Sale of Land Act regardless of the apparent intention of the parties and purchasers may take advantage of this to avoid a Contract.
Does it matter which Court I institute proceedings in?
It is important to remember that there are certain types of claims that can only be issued in a particular Court or Tribunal. If a claim is issued in the wrong place, it may be struck out, which would mean you would have to start again somewhere else. You would also commonly have to pay your opponent's costs. Our Litigation Team explains.
Can anyone challenge my Will? If so, why should I bother making one?
In Victoria, a Will can be challenged by any person who believes that the deceased had a responsibility to make adequate provision for them in their Will. However, the Courts will decide the validity of the claim.
