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Date posted: 06/12/2016
Partner Bill Hazlett and Associate Andrew Sinclair from our Melbourne office discuss what you need to know about estate and succession planning in Victoria. Read more
Date posted: 27/10/2016
In the District Court of NSW the plaintiff claimed damages for negligence having sustained significant injuries to her lower legs and left elbow when she fell at the defendant’s residential premises in 2013. The defendant was a deaf and partially blind 92-year-old woman who owned and occupied the house. The plaintiff was employed by the Clarence Valley Council Community Support Services as a support worker and was at the time undertaking a regular ‘safety check’ on the defendant. Read more
Date posted: 14/08/2016
The Victorian Court of Appeal has held in Timbercorp Finance Pty Ltd (In Liquation) (‘Timbercorp’) v Collins (‘Collins’) and Tomes (‘Tomes’) [2016] VSCA 128 that parties who participated in the unsuccessful class action against Timbercorp are not precluded from pleading their individual defences in response to recovery proceedings instituted by Timbercorp. The result is that Timbercorp now face the prospect of defending over 1000 individual claims. Read more
Date posted: 22/06/2016
At recent industry events the Australian Border Force (ABF) shared its customs compliance focus for the coming year. An area that has been earmarked for attention is customs valuation. The ABF are focusing on costs, in addition to the invoice price, which need to be included in the customs value. Below we set out what you as an importer can do to limit the risk of customs non-compliance. Read more
Date posted: 21/06/2016
In a decision [Mackenzie v Positive Concepts Pty Ltd & Anon [2016] VSC 259 (19 May 2016)] that graphically illustrates the apparent flexibility of the Limitation of Actions Act 1958 (Vic), at least as far as it applies to personal injury claims, the Supreme Court recently granted an extension of time to a plaintiff whose cause of action arose 13 years prior to the commencement of proceedings. Read more
Date posted: 20/06/2016
Over the last five-plus years, we've noticed an increasing trend towards international companies doing business in Australia via an Australian company which is primarily or wholly managed (as well as owned) offshore. It may well be the case that the Australian-resident director is not the CEO, CFO or COO of the Australian business – instead, they may be at the GM level (either by title or function). Read more
Date posted: 20/05/2016
In a recent email alert we commented on the ability of unfair contract terms legislation to change the basis upon which various industry sectors contract with their customers. Read more
Date posted: 12/05/2016
The Legal Background / What’s the fuss about / a legal fiction? Against a background of the High Court’s imprimatur of the contractualisation of leases, a lease variation agreed by the parties could be viewed simply as a variation of contract. Read more
Date posted: 12/05/2016
University not culpable for employee’s garden-path fall including recommendations about consumer leases VWA v Monash University [2016] VSC 178 (22 April 2016) Read more
Date posted: 10/05/2016
Electronic communications where consumer credit involved – potential reforms Some of the restrictions on communicating electronically where consumer credit is involved may soon be lifted. Read more
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