Proportionality – the word that haunts employers with reinstatement orders

A major factor that repeatedly trips up employers in making decisions to dismiss employees for misconduct is proportionality – i.e. whether the punishment fits the crime. To their peril, many employers mistakenly believe that...

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Building Orders – a limitation on Municipal Building Surveyor powers

When a Victorian Council undertakes an inspection of a property, it may discover building works that do not comply with the Building Act 1993 (Vic) (the Act) and Building Regulations 2018  (Vic) (the Regulations) and issue a buil...

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Property Gifted in Will Sold Prior to Death

Every so often a Will maker leaves a specific gift in their Will and at the time of death it is no longer owned by the Will maker. This specific gift fails for “ademption”. What is ademption? Ademption occurs when property (...

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Winds of Change – Victorian Government introduces new Windfall Gains Tax

Windfall Gains Tax is a new Victorian State Government tax on land set to be introduced from 1 July 2023. The tax will be triggered where the value of land increases 'due to the actions of government'. In this context, the 'action...

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Overcharge! Rethinking charging clauses under standard form contracts

A recent decision of the Federal Court of Australia in Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204 provides a reminder to rethink the inclusion of 'general charging clauses' in businesses' standard trading terms. A general...

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Unsigned lease? Beware the legal grey zone

It's very common in commercial and retail leasing transactions for the landlord and tenant to sign a preliminary document, such as a Letter of Offer, a Terms Sheet or Heads of Agreement, before signing the formal lease document. ...

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