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Cameron Charnley
A version of this case note originally featured in the Commercial Bar Association’s blog, ‘Commbar Matters’. A link to the original article can be found here. — — —
Harris v Harris involved a claim of proprietary estoppel arising from a series of promises made by a father to bestow land on his sons.[1]
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Bruce Provan
Once you have decided or you have come to the realisation there is no prospect of reconciliation, it is usually best to start the process of negotiating parenting and financial arrangements sooner rather than later. In most cases, the longer the process drags out, the more difficult it becomes. Especially
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Dharma Gan
In the lead up to separation, there is usually a fair bit of conflict between spouses. It is a stressful time for all involved, particularly where there are children in the relationship. In the midst of the parents’ separation, children can often get caught up in the conflict. For the
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Stephen Warne
The legendary foundation author of Quick on Costs, Roger Quick, has asked me to put this old workmanlike paper on my blog so that he can cite it and link to it in the second edition of that monumental text which he is kindly working on for all our benefits.
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Bruce Provan
If you haven’t already done so, the first decision you need to make is whether you want to separate. Separation is not only life-changing and emotionally taxing — it is also stressful, difficult, time-consuming and can be very expensive. In my experience, where one party has decided to separate, the
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Stephen Page
Life is grand. I am the luckiest man to live. Due to changes in the law, I have been allowed to marry- and to have a child with the person I love. While getting married and having a child seem self-evident truths, for LGBTIQ+ couples the law (and until 40
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ABC Radio
Some countries and states have introduced a Vaccine Passport, to allow more domestic and international movement and businesses to return. What are the technical and legal obstacles to a COVID-19 vaccine passport here in Australia? And in this Pride Month, while the LGBTQI community has a lot to celebrate
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Stephen Warne
The endangered greater glider, nearly a metre long, one of the biggest gliding mammals in the world, lives for 15 years, eats gum leaves, glides for 100 m between, ideally, tall old trees with hollows to bunk down in.
Today is World Environment Day. It prompted me
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noreply@blogger.com (William Stark)
Further to my post about the fall out from the Lacrosse Tower fire in VCAT (see: https://melbournepropertylaw.blogspot.com/2020/01/who-is-responsible-when-external.html), the Court of Appeal recently handed down its decision on the appeal from VCAT.
In Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 of PS631436T [2021] VSCA 72, Beach, Osborn JJA and Stynes AJA
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noreply@blogger.com (William Stark)
The Supreme Court of Queensland (Holmes CJ) has recently considered the duty of a mortgagee in selling a secured property in uncertain economic times (ie during a pandemic). In HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58, the Court considered an application to remove a caveat lodged by
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ABC Radio
Former Attorney General Christian Porter has discontinued his defamation litigation against the ABC. And power company AGL is taking Greenpeace to court arguing breach of trademark and copyright. AGL says the activist group should not have used its trademark in a series of parody advertisements that highlights its CO2
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To this day, no one knows what KFC’s 11 herbs and spices include, not even KFC’s head chef! It’s one of the most tightly guarded trade secrets in the food industry and, while many have tried, no one has succeeded in replicating the recipe.
Trade secrets are secrets for a
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The end of April marked five years since pop superstar Prince died suddenly at his Paisley Park home in Minnesota. Prince left behind an estate comprising largely of intellectual property and music rights worth an estimated US$150-$300 million.
However, he died without a will so his estate still hasn’t
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No matter your age, job or background, Victoria’s planning legislation has a big impact on your life. That’s because it governs the built and natural environment around us.
Councils use the legislation to develop planning schemes that affect how land can be used and developed within your local area. These
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ABC Radio
We speak to the Chair and one of other the four commissioners who will preside over Victoria’s ground breaking Yoo-rrook or Justice Commission. And new research has found that local court magistrates are the state-based judicial officers who suffer most from work-related stress.
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Liz Bodey
On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain provisions of the TMA, as detailed below. The proposed new and amended rules:
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noreply@blogger.com (Mike Terceiro)
Just completed the third and final independent review of Thermomix’s Australian Compliance Program.
It has been fantastic working with Thermomix over the last three years – a highly professional and innovative organisation with a very strong culture of compliance.
In particular, it was amazing to see how they quickly and effectively they
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noreply@blogger.com (Mike Terceiro)
I was having a look at this LPP privilege and waiver case and it reminded me of how we used to do things in my team at the ACCC.
We often had a designated note taker for meetings who was the only person who would take notes, particularly meetings with witnesses.
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noreply@blogger.com (Mike Terceiro)
Unfortunately, we lost our appeal to the US Court of Appeal for the Federal Circuit – see the attached article from the New York Times.
The strangest part was that after the argument and the Court saying it would reserve its decision, it then issued a decision without providing any reasons.
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noreply@blogger.com (Mike Terceiro)
I was talking to a former ACCC colleague Alex Malik on LinkedIn recently about this matter and whether $50m was going to achieve any specific deterrence.
I remember many years ago when I was at the ACCC I jumped in a
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noreply@blogger.com (Mike Terceiro)
I was having a look at the recent ACCC against Google about location data. There was an interesting quote from Professor List from the University of Chicago who gave evidence for Google.
In discussing the traditional economic models of decision making, List described the characterstics of the archetypal rational consumer in
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Cameron Charnley
The case of Baba v Sheehan involved a challenge to the validity of an exercise of power of removal and appointment of a trustee.[1] In dismissing a claim that the power had been exercised for a foreign or extraneous purpose, the New South Wales Court of Appeal has provided guidance
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Liz Bodey
A clear cut case of copyright infringement involving Twisted Sister’s hit song “We’re Not Gonna Take It” (WNGTI) has demonstrated the Court’s willingness to award significant financial penalties where intellectual property rights have been “flagrantly” infringed.
In Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434,
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ABC Radio
Many victim survivors of sexual assault say they found giving evidence at trial a harrowing and re-traumatising experience. The Victorian Law Reform Commission is currently conducting an inquiry into ways to improve the responses of the justice system to sexual offences.
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As a property developer in Victoria you will likely be required to navigate the process of Development Contributions. To help you navigate this system, it is essential to have an understanding of what Development Contributions are, how they work, and how and when they will apply to you.
What are
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ABC Radio
The Federal Court dismissed a challenge to the Morrison government’s ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?
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ABC Radio
The Federal Court dismissed a challenge to the Morrison government’s ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?
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ABC Radio
The Federal Court dismissed a challenge to the Morrison government’s ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?
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ABC Radio
Mohinda Singh, the truck driver responsible for the deaths of four Victorian police officers has been sentenced to a non parole period of 18 years. Richard Pusey, who callously filmed the tragedy has also been sentenced to 10 months jail after pleading guilty to a number of offences including
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In starting with a brief refresher, stamp duty is the land transfer tax. It’s calculated based on a home’s open market property value.
The number isn’t a set percentage or fixed rate but is calculated on a sliding scale. Stamp duty varies throughout Australia, but here are the standard costs
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ABC Radio
Australia’s whistle-blower laws will be in the spotlight when a long-running, high-profile prosecution involving former ATO officer Richard Boyle comes back before the courts. Also, if a vaccine causes an injury, many countries have a vaccine injury compensation scheme. Do we need one in Australia?
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Even before the pandemic, Australia was an attractive prospect for overseas investors. After all, our country has been blessed with a stable political environment, strong institutions, plentiful natural resources and a strong economy which, until only recently, had experienced 30 years of uninterrupted growth.
As a result, foreign money poured
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Starting a business from scratch is no easy task – but the potential rewards can make it all worthwhile. And one of the most important decisions you’ll have to make early on in the process is which business structure is right for you.
So, what are your options?
Sole trader
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Matthew Townsend
The attached paper is an updated presentation to the University of Melbourne’s undergraduate Property Law class in April 2021. It provides a relatively comprehensive overview of the law in relation to restrictive covenants in Victoria. Comments are welcome townsend@vicbar.com.au
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ABC Radio
NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating
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Matthew Townsend
For a restrictive covenant to be legally valid, the following elements are required: (a) the covenant must be negative;(b) the burden of the covenant must be intended to run with the land; and(c) the covenant must be given for the … Continue reading →
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With the Commonwealth Government deficit at its highest level since World War II and as the COVID-19 pandemic continues to cripple the Australian economy and stifle federal tax collections, we will inevitably see a significant increase in revenue collecting activity undertaken by the Australian Taxation Office (ATO).
One way it
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ABC Radio
The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries. *Note there are sexual references in this program
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Matthew Townsend
The Supreme Court is typically unwilling to exercise its power to discharge a restrictive covenant entirely, preferring instead to modify a covenant to allow an applicant’s stated intentions. The objective for applicants should therefore be to modify the restrictive covenant … Continue reading →
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New rental laws in Victoria that are part of long overdue reforms come into effect at the end of March. The reforms set minimum standards for rental properties, together with a host of other changes.
A total of 132 reforms were originally set to come into effect on 1 July
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ABC Radio
On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying ‘there are medical and scientific explanations for the
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Although businesses have the responsibility to keep their tax obligations up to date, it sometimes happens that, due to unforeseen circumstances, they are not able to pay the tax owed to the Australian Taxation Office (ATO).
The most important thing here is that businesses should not ignore the tax debt
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ABC Radio
For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.
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You love your small business and you may have even built it from nothing. What happens now that you have decided to move on to pastures new?
The question of whether the sole director of a company can resign their post, leaving their company without a director, is one which
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ABC Radio
Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner
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ABC Radio
Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner