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.
'Tis the party season: Navigating legal pitfalls at the office Christmas party
The end of year Christmas party can sometimes test the boundaries of acceptable behaviour and it is important for your team to remember that these are work events.
What happens when probate is granted in Victoria and assets are held interstate?
Wills & Estates Lawyer Julian Liu explains what happens when probate is granted in Victoria, where the deceased held assets interstate.
Litigation: The importance of being earnest...
Honesty is important in all areas of your life, but especially when it comes to your conduct in legal proceedings. Associate Principal Caroline Callegari outlines the importance of being earnest so that your actions don’t later come back to bite you.
Safeguarding your property after separation
For many, owning real estate will often be the most significant asset and the cornerstone of financial (and personal) security Therefore, when a relationship breaks down, it is critical that you take steps to ensure that on your death, your property will pass in accordance with your wishes. Binay Prasad, Accredited Specialist (Wills & Estates Law), explains.
Protecting your Superannuation following a separation
Superannuation is a unique asset which does not automatically pass according to your Will. When your relationship breaks down, it is important to ensure that your superannuation will be paid in accordance with your final wishes. Binay Prasad, Accredited Specialist (Wills & Estates Law), summarises the current situation in Victoria.
Recent articles
Can I refuse to act as an Executor?
You have been appointed as an Executor of a Will and don't want to act as one. What do you do?
Special Disability Trusts
When contemplating putting together an estate plan, an important aspect to consider is the personal circumstances of the prospective beneficiaries of your Will. Setting up a a Special Disabilty Trust can assist a beneficiary to manage their inheritance. Lawyer Sarah Slattery explains.
Getting rid of goods abandoned due to COVID-19 – what are a landlord’s options?
A carefully drafted lease is a landlord's key to mitigating risks and clarifying the steps to follow where goods have been abandoned or uncollected by a tenant.
Adverse Possession
A claim for adverse possession can have a lasting impact, both financial and personal, on the landowner and claimant alike. It is prudent to know where you stand in advance should a claim for adverse possession arise.
Passports to work? Vaccine passports in the workplace
The Victorian Government’s road map to re-opening has made it clear that vaccine passports are an integral part of the Government’s plan to re-open the economy, thus raising many questions for small and medium businesses.
Do businesses need to refund customers for cancelled bookings?
There is no blanket legal requirement on businesses to provide a full refund in the event of cancellation, including in the event of government-mandated lockdowns or other restrictions. This applies to all types of businesses including accommodation providers, event organisers, or any other business that takes bookings and deposits or payment up front. However, it is important to be aware of the Australian Consumer Law and the requirements it imposes on your business.
Can I get a refund for a cancelled booking due to COVID-19?
There is no legal requirement on businesses to provide a full refund in the event of cancellation. However, the Australian Consumer Law provides protection to consumers and requires that businesses must treat consumers fairly and, in the COVID-19 context, businesses must act in accordance with their terms and conditions at the time of booking. Therefore the terms and conditions of your booking are what will determine your rights to a refund or other compensation in the event of cancellation.
What is a Company Constitution?
A constitution is a legal document that governs the internal management of a company. Having a constitution is generally considered to be good business management practice.
Retirement Village Documents: Important Points to Consider Prior to Signing
Buying a house is often the most significant investment an individual will make. The decision to invest or buy into a Retirement Village should be taken with equal care and consideration as such a step can impact future lifestyle options and financial security.
Dealing with directors’ disputes: How to avoid pitfalls and resolve conflict
Disputes between directors of a company are, unfortunately, not uncommon. When there are several parties involved in a company as directors and shareholders, it is, perhaps, not surprising that disputes may arise from time to time.
CEO's: Does your Not-For-Profit value its values?
This organisation either had no values or its values were well and truly buried such as to create deep systemic issues, resulting in fraud and theft. It is an extreme example of what can go wrong. Of greater prevalence and concern are the subtle weakening of like organisations where values are relatively unimportant and are not 'lived out', commonly resulting in ineffectiveness, low morale, poor productivity, conflict or dysfunction and delivering less than optimal outcomes.
