Court of Appeal eschews recourse to the Planning and Environment Act 1987 when construing a restriction on a plan

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Matthew Townsend

It’s long been established that equitable restrictive covenants or restrictive covenants inter partes should be construed in a common sense and non-technical way, with the objective being to ascertain the intention of the parties by reference to the words in … Continue reading →

'Squatters' rights', and UK health laws

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ABC Radio

The Law Report revisits a New South Wales Supreme Court ruling against a retirement village developer that claimed ‘squatters’ rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in Britain’s health laws.

Sue Neill-Fraser loses appeal against murder conviction

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ABC Radio

Tasmanian woman Sue Neill-Fraser’s latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?

Sue Neill-Fraser loses appeal against murder conviction

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ABC Radio

Tasmanian woman Sue Neill-Fraser’s latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?

4 reasons why a company should have a shareholder agreement

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Despite your best intentions, business relationships can deteriorate for any number of reasons.

So while it’s not a legal requirement to have a formal shareholders’ agreement, every company with more than one shareholder would be well advised to have one.

Read on to find out what a shareholder agreement is

'Body modification' on trial

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ABC Radio

In a precedent-setting case, a New South Wales judge has found self-proclaimed extreme body modification artist Brendan Leigh Russell guilty of female genital mutilation, grievous bodily harm, and manslaughter. Is consent a valid legal defence when cosmetic ‘body modification’ procedures go wrong?

Adriana Rivas mounts new appeal against Chile extradition

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ABC Radio

Should Sydney woman Adriana Rivas, who is accused of being a Pinochet-era intelligence agent, be extradited to Chile over alleged crimes against humanity? The full bench of the Federal Court is set to hear her latest appeal this week. And calls for Australia to investigate allegations of war crimes

Assange extradition appeal, WikiLeaks and journalism

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ABC Radio

Britain’s High Court is set to hear the United States government’s appeal against a ruling blocking the extradition of Julian Assange on mental health grounds. And warnings that US attempts to prosecute the WikiLeaks founder for publishing classified government documents could have devastating implications for press freedom.

Climate science dismissal case sparks academic freedom debate, High Court quashes Palmer $30bn WA compensation challenge

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ABC Radio

A long-running unfair dismissal case involving Queensland university professor Peter Ridd has sparked intense debate around questions of academic freedom. Also in the program: the High Court has quashed a legal challenge by mining magnate-turned-politician Clive Palmer against laws designed to ban his company from suing the West Australian

Your legal obligations when you’re a liquor licencee

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Australian businesses that sell liquor have to follow a strict set of regulations. These rules are in place for a reason – to keep patrons and staff safe. Should you not comply, you could face stiff fines or lose your licence.

To avoid this, make sure you adhere to the

'Squatters' rights', and UK health laws

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ABC Radio

The New South Wales Supreme Court has ruled against a retirement village developer claiming ‘squatters’ rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in UK health law: the legality of severe disability as a reason for late-term abortions and access to puberty-suppressing

3 things you need to know about building contracts

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Your building contract is an important document that you shouldn’t sign blindly. Doing so could lead to messy legal wrangles and costly project delays.

But what should you look out for in a building contract?

Here are three common questions that come up with regards to building contracts. Make sure

What’s sham-contracting – and how do you avoid it?

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As the saying goes, if something looks like a duck, swims like a duck, and quacks like a duck … then it probably is a duck.

So even if your worker signs a contractor agreement, they may still be considered an employee under Australian law.

That’s why it’s critical for

Britain’s offshore detention plans, and investigating human rights violations

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ABC Radio

Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France.  How to investigate human rights violations when on-the-ground access becomes impossible? And, the dangers facing human rights investigators in Afghanistan. Guests: Madeline Gleeson, Senior Research Fellow, Andrew & Renata

Three GST decisions handed down in recent days

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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

Victorian tenant evicted after COVID19 moratorium ends. Also, can you sue over negative online reviews?

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ABC Radio

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

3 things you need to know before choosing a business name

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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

Are rental guarantees worth the paper they’re written on?

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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

Director Identification Number Scheme is nearly here

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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

Is Your No Verbal Variations Clause Enforceable?

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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

Temporary relief allowing electronic signatures and virtual meetings lapses

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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

The pros and cons of buying a hospitality franchise

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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

Your legal rights when settlement is delayed

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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.

Unfortunately,

Balancing individual and community rights in a pandemic

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ABC Radio

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.  

WA Parliament debates new child protection laws

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ABC Radio

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?

Amendment Demands – updated process/forms

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noreply@blogger.com (Paul Miller)

 I published a guide to issuing amendment/discharge demands in May 2017 – you can read that article HERE.  

The PPSR has now issued a sample amendment guide themselves (available HERE) as well as a guide to its dispute process (available HERE).

They have also launched a new amendment statement form “to help

Proceeds of crime

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ABC Radio

If you earn a million dollars from selling drugs and are convicted under proceeds of crime legislation, you don’t get to keep it. But what if that conviction is quashed years later? Some of the most notorious figures in the gangland era are heading back to courts to appeal their