Should compensation be denied to a passenger in a stolen vehicle who was seriously injured when it crashed? And, a New South Wales Tribunal has ruled that a COVID-19 death can be classified as a work-related injury.
The dispute in Kennedy v Proctor involved, at its heart, a simple question: had a competition horse, purchased by one friend for another and claimed to have been a gift, in fact been a gift? Of greater significance to appellate practice, however, the case demonstrates the difficulty in seeking to
In the last post, Justice Quigley extended time in which to seek taxation under the Legal Profession Uniform Law (Vic) in unusual circumstances, by consent. Curiously, a funny little case from NSW provides an echo: Stoltz v Peter Skidmore of Phoenix Legal Consulting Pty Limited  NSWSC 1063 (funny choice of
Davey v Costanzo Lawyers Ltd  VSC 449 is episode # c. 898 in my series about suits for fees, ‘Many a Slip Twixt Cup and Lip’.
A family law firm whose website modestly explains that they are the ‘best family lawyers’ sued its former client for professional costs and barristers’
Over the last few days three decisions relating to GST have been handed down. One by the Full Federal Court on the GST treatment of gambling supplies (allowing the Commissioner’s appeal) and two by the Tribunal, one on development leases and whether excess GST has been “passed on” (partially in
In this video, Accredited Family Law Specialist and Multi-Award Winning Lawyer, Stephen Page discusses the inevitable dance of negotiation when it comes to effectively resolving family law disputes.
The benefits of an early offer of compromise in restrictive covenant proceedings were again shown in Manderson v Smith Anor (Costs) S ECI 2020 03378 when Efthim AsJ upheld an offer to walk away as being a genuine compromise in … Continue reading →
The Full Court of the Federal Court of Australia has reaffirmed that a registered trade mark can only be infringed by the primary user of a trade mark and there is no concept of authorisation of infringement recognised under Australian trade mark law.
PDP Capital manufactures and sells
The Board of Directors of the Dubai International Financial Centre (DIFC) Authority recently issued the DIFC Intellectual Property Regulations (IP Regulations). The IP Regulations took effect on 5 July 2021 and were issued pursuant to the DIFC Intellectual Property Law, DIFC Law No. of 2019 (IP Law).
How and why you have split-up is a very important question. In this video, Accredited Family Law Specialist, Stephen Page discusses the importance of the answer to this question on everything that follows!
The post How & Why You Split-Up appeared
The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It’s a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a
What’s in a name? Well, consider Marion Robert Morrison or Norma Jeane Mortenson. Neither has quite the same ring to it as John Wayne or Marilyn Monroe, right?
And while you’re not trying to make it in Hollywood, your choice of business name matters too. That’s because a business name
On 15 of April 2021, the Federal Court of Australia ordered two company directors to compensate their customers personally, a claim that has rarely been substantiated in Australian law. The pair were also ordered to pay a substantial fine and were disqualified from managing a company for three (3) years.
A rental guarantee can seem like the icing on the cake when you’re a property investor. You get guaranteed rental income for an agreed period if you can’t find a tenant for your off-the-plan apartment. What could possibly go wrong?
Unfortunately, the deal might not be quite as attractive as
If you’re involved in the Australian business world, you probably have already heard about the Director Identification Number scheme that is slowly coming into fruition. But what exactly is this scheme, and how does it affect directors of businesses? We’ll break down what the DIN scheme is, how it affects
Many contacts contain a clause, often called either a No Verbal Variations or No Oral Modifications (NOM) clause, intended to prevent future “nod and handshake” waivers of the terms of that contract, even when willingly entered into by both parties.
The intention behind such clauses is to protect both parties
In response to COVID-19, Parliament provided temporary relief measures through an amendment in the Corporations Act 2001 (Cth) (‘Corporations Act’).
The amendment allowed electronic signatures of documents, virtual meetings, and electronic notice of those meetings. It was expected that these amendments would be extended, but now the pre-COVID requirements of
It can be a seductive idea. Rather than starting a hospitality business from scratch, why not skip the start-up stage altogether by buying into a franchise?
And it’s a business model with a long illustrious history. Albert Singer developed the first franchise contract to help him sell more sewing machines
Signing the contract of sale isn’t the last stage of a home purchase. Rather, it’s the beginning of a process that only ends on settlement day. This is the day when the agreed purchase price is paid to the seller and the buyer takes legal possession of the property.
As the COVID19 pandemic grips NSW, how do we balance the rights of an individual with those of the broader community? And the Victorian Ombudsman has released a report detailing human rights breaches, many dealing with ensuring compliance with COVID 19 public orders.
In 2011, in Zwierlein v Baw Baw SC  VCAT 74, the Victorian Civil and Administrative Tribunal refused an application for a three lot subdivision on land in Warragul after finding it was “unable to say that a beneficiary of … Continue reading →
This week, the WA parliament is debating new child protection legislation. Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?