How to protect yourself during a building project

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A recent McKinnon survey showed that 50% of Australia’s workforce is covered by some form of a restraint of trade or non-compete clause.

But how airtight are these clauses and can they be enforced?

Types of restraints of trade

Common restrictions of trade include:

Confidentiality clauses Non-solicitation clauses Non-compete

How can I have a mortgage discharged if the lender has been wound up?

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noreply@blogger.com (William Stark)

In an unusual case, the Supreme Court of Victoria was called upon to order the discharge of 2 mortgages in circumstances where one of the mortgagees had been liquidated, and subsequently deregistered. The other mortgagee had become a bank but did not have records dating back over 30 years ago. 

Older

Are there any more recent cases about a mortgagee's duty of good faith in selling real estate?

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noreply@blogger.com (William Stark)

With interest rates continuing to rise in late 2023, it seems that we are likely to see more mortgagees taking steps to realise mortgaged property. 

On 2 June 2021, I posted about a Queensland decision (HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58) rejecting criticism of a mortgagee’s conduct of

Victoria Unveils Short-stay Levy

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Investors who rent their property out on short-stay accommodation platforms like Airbnb and Stayz will soon face an additional tax charge.

The Victorian government has announced it plans to introduce a 7.5% levy on short-stay rental platforms, effective from 1 January 2025. The fees collected will fund Homes Victoria, supporting

How to Protect Yourself during a Building Project

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Before starting construction or renovations, there are several legal aspects you should take note of. This will protect both you and your builder so that the project runs smoothly.

Signing a written contract

By law, you must have a written contract for work worth more than $10,000. This can include

New ACCC Regulations to Penalise Unfair Contract Terms

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You may need to look at the contracts you use in your business because, come 9 November, the Australian Competition and Consumer Commission (ACCC) will prohibit businesses from using unfair contract terms.

According to the new regulations, courts will have the authority to impose significant penalties on businesses using contracts

Chief Justice Susan Kiefel speaks to the Law Report

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Australian Broadcasting Corporation

In a wide-ranging interview, the outgoing High Court Chief Justice Susan Kiefel speaks to Damien Carrick about her unlikely journey to the top judicial job, women in the law, and her support for joint judgments.

If Victoria is short of land for housing, why do we still allow people to contract out of the planning system?

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Matthew D. Townsend

If the Victorian government wants to find land for additional housing, it should consider limiting people from contracting out of the planning system. At the moment, the provisions for removing restrictive covenants via the Planning and Environment Act 1987 barely … Continue reading →

Disability royal commission delivers findings; 'Fake nurse' jailed in Australian legal first

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Australian Broadcasting Corporation

What recommendations does the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability make in its final report to the federal government? And, in a legal first, a South Australian woman has been sent to jail for impersonating a registered health practitioner. 

The Hidden Risks of DIY Conveyancing

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As Australia’s spring selling season kicks off, some vendors might consider going down the do-it-yourself (DIY) conveyancing route to save money. But while it can be tempting, particularly given the current cost of living, there are many risks involved in managing your own conveyancing.

Providing legal protection

When using a

Navigating Privacy Versus AI in Business

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As artificial intelligence (AI) continues to develop, businesses and consumers are becoming more concerned about how to manage the relationship between privacy and AI.

For industry and the public sector, AI, machine learning and using big data has opened new avenues for growth and development. But this brings with it

Defamation on Social Media Sparks Legal Challenges

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Two cases in Australia in the last few months have once again highlighted the need to exercise caution when posting on social media. The two cases, one in Queensland and one in Western Australia, concern statements of defamation posted on Facebook, Instagram and Twitter.

In 2021, changes to Victorian defamation

Victorian government considering rent cap

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Melbourne might be Australia’s most affordable city to rent a house, with a median rent of $520 per week during the June quarter, according to Domain’s house price report.

But nonetheless, the state government recently indicated it’s considering rent controls as part of a new housing package. The rent controls

Australia’s corporate insolvency laws facing extensive reforms

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In July, the Parliamentary Joint Committee on Corporations and Financial Services handed down its long-awaited report into the effectiveness of Australia’s corporate insolvency laws.

The inquiry has been ten months in the making, during which the committee heard from insolvency and legal practitioners, government agencies, unions, creditors (both large and

ACT leads the way in assisting vulnerable people in court

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Australian Broadcasting Corporation

In recent years, a number of jurisdictions around Australia have introduced Vulnerable Witness Intermediary Services. These services assist complainants such as children and those with intellectual and cognitive disabilities to give evidence in court or answer questions in police interviews.  While this service in Australia is currently only offered to

02/ Justice, but not in my language

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Australian Broadcasting Corporation

Hundreds of thousands of Australian residents, a figure now approaching one million, don’t speak English well, or at all. The growing demand for interpreters and the shortfall in those who are suitably qualified to work in the legal sector is putting severe pressure on Australia’s busiest courts. 

02/ Justice, but not in my language

This post was originally published on this site

Australian Broadcasting Corporation

Hundreds of thousands of Australian residents, a figure now approaching one million, don’t speak English well, or at all. The growing demand for interpreters and the shortfall in those who are suitably qualified to work in the legal sector is putting severe pressure on Australia’s busiest courts. 

01/ Justice, but not in my language

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Australian Broadcasting Corporation

Lawyers in the Northern Territory say the shortage in Indigenous interpreters has become so critical that it’s contributing to the vast over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system.

01/ Justice, but not in my language

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Australian Broadcasting Corporation

Lawyers in the Northern Territory say the shortage in Indigenous interpreters has become so critical that it’s contributing to the vast over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system.

Are verbal agreements enforceable?

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You may have heard that former Socceroos coach Ange Postecoglou was appointed manager of prominent English soccer club Tottenham Hotspur. But what you might not know is that, before the two parties signed a contract, they reached a verbal agreement.

That begs the question: are verbal agreements enforceable in Australia?

Singing to the sea

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Australian Broadcasting Corporation

This episode revisits the historic Federal Court decision to confirm native title over more than 40,000 square kilometres of sea country in the Torres Strait region last year. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided

Singing to the sea

This post was originally published on this site

Australian Broadcasting Corporation

This episode revisits the historic Federal Court decision to confirm native title over more than 40,000 square kilometres of sea country in the Torres Strait region last year. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided

How to avoid business disputes

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UFC Gym Australia entered voluntary administration last month “after becoming embroiled in a messy $5 million court case with several disgruntled franchisee owners”, according to news.com.au.

What makes this story important is not the specifics of the company or court case but the lesson it teaches: when it comes to business

'Tsunami of suffering': Robodebt royal commission findings explained

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Australian Broadcasting Corporation

The Robodebt royal commission has made damning findings about government ministers and public servants who created and administered the automated debt recovery scheme from Centrelink recipients. And why is the technology company that created ChatGPT being sued in US courts? 

'Tsunami of suffering': Robodebt royal commission findings explained

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Australian Broadcasting Corporation

The Robodebt royal commission has made damning findings about government ministers and public servants who created and administered the automated debt recovery scheme from Centrelink recipients. And why is the technology company that created ChatGPT being sued in US courts? 

Criminals steal $300k in property scam

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Barely a month goes by without reports of a property scam making the news, including the recent example of a Western Australian real estate agency that had more than $300,000 of buyers’ money stolen from its trust account.

What these scams have in common is that criminals have developed incredibly

The Tribunal finds flavoured yoghurt product taxable and payment of 50% of the price was not a “deposit”

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The Tribunal has handed down two decisions relating to GST. One confirming the Commissioner’s view of the taxable treatment of a flavoured yoghurt product sold in a plastic tub which included a separate compartment containing a blend of cookie pieces and white chocolate chips which were intended to be “flipped”

Kids' book points refugee mums to legal help

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Australian Broadcasting Corporation

When refugees arrive in Australia, they face huge challenges. So, how do they access the support they need? Perhaps counterintuitively, a newly launched children’s book is designed to help refugees get legal assistance.

Kids' book points refugee mums to legal help

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Australian Broadcasting Corporation

When refugees arrive in Australia, they face huge challenges. So, how do they access the support they need? Perhaps counterintuitively, a newly launched children’s book is designed to help refugees get legal assistance.