This post was originally published on this site
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 →
This post was originally published on this site
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.
This post was originally published on this site
ABC Radio
A Sydney ugg boot maker says his 40-year-old business is at risk of bankruptcy following a trademark dispute in the United States courts. And can Australia deport a prison escapee, who surrendered after 30 years on the run, to a country that no longer exists?
This post was originally published on this site
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?
This post was originally published on this site
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?
This post was originally published on this site
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
This post was originally published on this site
If you’re like many Victorians, you’ve probably dreamed of owning a pub, whether for commercial or lifestyle reasons.
There are several reasons why it might make more sense to buy an established pub rather than starting one from scratch. You get a business with an existing customer base and can
This post was originally published on this site
It can be easy to see the attraction of selling a tenanted property. You get monthly rent rolling into your bank account right up until the deal goes through – which will likely come in handy paying the mortgage down.
But having tenants in the property can add another level
This post was originally published on this site
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?
This post was originally published on this site
Matthew Townsend
In approving the modification of a restrictive covenant over the objections of beneficiaries, a senior division of the Tribunal has criticized the processing of the application by the Responsible Authority. Senior Member Martin stated in Berecz v Casey CC [2021] … Continue reading →
This post was originally published on this site
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
This post was originally published on this site
Matthew Townsend
The Supreme Court has approved the use of section 84(1)(a) of the Property Law Act 1958 as a means of cleansing a title of a reference to a restrictive covenant with no further work to do. Practitioners have in the … Continue reading →
This post was originally published on this site
ABC Radio
Australia’s football codes are closely monitoring a class action brought by former rugby league players in Britain who allege the sport’s governing body failed to protect them from the risks of brain damage. And are judges best placed to decide when to recuse themselves from a court case?
This post was originally published on this site
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.
This post was originally published on this site
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
This post was originally published on this site
It’s not uncommon for customers to skip or gloss over a company’s terms and conditions. So you may think: “If customers don’t bother reading the fine print, why should I bother creating them?”
Well, there are good reasons not to overlook or minimise the importance of a detailed set
This post was originally published on this site
It’s natural to assume that since you own your property, you can do what you like with it – subject to planning, of course. But this might not necessarily be the case, particularly if there’s a restrictive covenant hiding in the small print of your certificate of title.
What’s a restrictive
This post was originally published on this site
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
This post was originally published on this site
ABC Radio
Should judges have social contact with lawyers who appear before them in court? The Australian Law Reform Commission is conducting an inquiry into judicial impartiality. Also, is there an obligation on prosecutors to provide defence lawyers with all the raw data downloaded from a confiscated mobile phone?
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
Buying a hospitality business can be a risky venture if you don’t have all the facts or miss a crucial piece of information.
To minimise the risk, it’s important to do your due diligence. Here are five issues you need to resolve buying a hospitality business.
Has the
This post was originally published on this site
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
This post was originally published on this site
noreply@blogger.com (William Stark)
1. In Price v Spoor, [2021] HCA 20, the High Court handed down a decision on 23 June 2021 about whether the parties to a mortgage could agree to contract out of the operation of the Queensland equivalent of the Limitation of Actions Act, 1958, and whether such an agreement
This post was originally published on this site
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
This post was originally published on this site
Matthew Townsend
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 →
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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.
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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,
This post was originally published on this site
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.
This post was originally published on this site
Matthew Townsend
In 2011, in Zwierlein v Baw Baw SC [2011] 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 post was originally published on this site
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?
This post was originally published on this site
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
This post was originally published on this site
ABC Radio
In the USA there is a growing number of legal disputes involving employees, consumers and university students who are challenging mandatory vaccination requirements. And new research suggests that virtual reality headsets could help jurors reach fairer verdicts in complex criminal trials.
This post was originally published on this site
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