This post was originally published on this site
ABC Radio
Climate change is increasingly being raised in courtrooms around the world. The latest was brought by eight Australian school students and a nun who argued that the government owed a duty of care to protect children from the harmful effects of climate change. As journalist Greg Muller reports, climate
This post was originally published on this site
ABC Radio
Could we soon see the creation of a brand new country immediately to Australia’s north? PNG’s Prime Minister and the President of the Autonomous Bougainville Government are negotiating Bougainville’s future. Also, what are the most important factors that judges weigh up when sentencing sex offenders? And are judges out
This post was originally published on this site
Matthew Townsend
It is important to remember that the Supreme Court will not enforce each and every breach of a restrictive covenant. A plaintiff discovered this, to his detriment, in Manderson v Smith S ECI 2020 03378. This case concerned a resident … Continue reading →
This post was originally published on this site
ABC Radio
The Uluru Statement from the Heart called for a constitutionally enshrined indigenous voice to parliament. In response, the federal government created a co-design process, which produced an interim report outlining what form this voice might take. A new report has found that 90% of the 2500 submissions received following
This post was originally published on this site
There’s about to be an important change to the Australian Consumer Law (ACL).
Since 1986, a person has been considered a ‘consumer’ under ACL if they:
Bought goods or services under $40,000 Bought goods or services normally used for personal, domestic or household use or consumption (irrespective of price)
This post was originally published on this site
For many foodies, starting a restaurant, cafe or food truck is the ultimate dream. After all, what could be more satisfying than earning a living from doing what you love?
But don’t forget that many businesses require licenses before they can get off the ground in Victoria, with hospitality laws
This post was originally published on this site
Your home might be your castle. But that doesn’t necessarily mean you can do whatever you want with your property.
There may be planning restrictions that set out conditions or restrictions on the use or development of your land. In Victoria, these restrictions are commonly known as a section 173
This post was originally published on this site
Sometimes, suppliers will let you down, whether through supplying you with faulty products or failing to deliver their goods in time. The knock-on effects of this can be extremely disruptive to your business. So what are your legal rights when this happens?
What does the contract say?
The first step
This post was originally published on this site
ABC Radio
Can revealing Australia’s security operations ever be in the public interest? A former spy, Witness K received a three-month suspended sentence for revealing the Australian government spied on the Timor Leste government during negotiations over oil and gas resources in the Timor Strait. And, since the 1970s, over 300,000
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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.
This post was originally published on this site
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.
This post was originally published on this site
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
This post was originally published on this site
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?
This post was originally published on this site
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?
This post was originally published on this site
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?
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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?
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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 →
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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 →
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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.
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
In Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 the High Court has unanimously allowed the appeal brought by the Commissioner against the decision of the Full Federal Court in Commissioner of Taxation v Travelex Limited [2020] FCAFC 10. This is the second case to reach the High Court,
This post was originally published on this site
ABC Radio
Ron Sackville QC, AO, the chair of The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been hearing harrowing accounts of the experiences of people with cognitive disability in the criminal justice system. In a legal first, the Kaurareg people of Muralug island obtained