Seller Beware – Increasing disclosure obligations and risk when selling real estate in Victoria

Recent changes to the law affecting Victorian real estate transactions have increased the disclosure obligations on sellers and continued the slow march of growing consumer type protections for buyers of real estate. Traditiona...

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School ordered to withdraw stand down direction – Employees not to be stood down to alleviate financial strains of employers

A recent decision on 29 September 2020 by Commissioner Bissett of the Fair Work Commission has highlighted the expectation for employers to allocate work to employees rather than relying on stand down directions to manage its fina...

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Case Note: Murray Valley Aboriginal Cooperative Ltd v. Havea (2020) VSCA 243

In a decision delivered by the Court of Appeal on 18 September 2020 an appeal by the plaintiff based upon a miscarriage of justice caused by evidence being improperly admitted to the jury and against the jury’s assessment of dam...

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Extension of COVID-19 rent relief scheme in Victoria – Update

Background On 20 August 2020 the Premier announced that the Victorian COVID-19 rent relief scheme for retail and commercial leases (which was to expire on 29 September 2020) would be extended to 31 December 2020.  Enabling legis...

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Insolvency Reforms: for better or for worse?

On 24 September 2020, the Australian Federal Government announced what it called the most significant reforms to Australia's insolvency framework in over 30 years. "The reforms, which draw on key features from Chapter 11 of the...

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Case Note: Court of Appeal again finds against worker

In Schembri v State of Victoria, the Court of Appeal rejected the appellant's claim that the jury's verdict for the defendant both in relation to his claim for negligence and breach of statutory duty was against the evidence and t...

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