Publications

Proposed Merger of the Family Courts – Good for Families?

Anyone who has had any experience with the family law system can tell you of the extensive delays which place a further burden on the parties involved, both emotionally and with increased costs. These delays also had a huge impact on children in parenting disputes.

Real Estate Agents’ Commission at Risk in Victoria

Real estate agents who have used REIV Exclusive Sales Authority forms are exposed to claims by vendors that they are not entitled to any commission following the decision of the Court of Appeal of the Supreme Court of Victoria in Advisory Services Pty Ltd (t/a/ Ray White St Albans) v Augustin & Anor [2018] VSCA 95.

Victorian Safety Standards and changes to Crimes Act 1958 (Vic)

In addition to mandatory reporting of suspected abuse for certain classes of person, the State Government of Victoria has commenced rolling out new Child Safe Standards (‘the Standards’) in response to the Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations and the resulting ‘Betrayal of Trust’ report.

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 (the Act)

How quickly can we resolve this?

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014 (the Act).

An Act to amend the Civil Procedure Act 2010 to provide for further case management powers in relation to discovery and disclosure.

This article will focus on the amendments to the Civil Procedure Act 2010 and the impact on civil matters and how parties (with the help of the Court) can resolve disputes more efficiently.

Important statutory changes relating to claims brought in Victoria under the Wrongs Act 1958

Important statutory changes relating to claims brought in Victoria under the Wrongs Act 1958

In November 2015, following a review by the Victorian Competition and Efficiency Commission (VCEC), the Wrongs Amendment Act 2015 (‘the 2015 Act’) was passed by the Victorian Parliament and received Royal Assent.

The 2015 Act amends parts of Wrongs Act 1958 governing the assessment and limitations on certain types of damages for injured claimants in Victoria.

Claims under the Wrongs Act 1958 are founded in negligence or where there is an allegation of fault against a respondent, other than WorkCover or Transport Accident claims.

The recent changes may have implications for respondents to those liability claims.

Overseas / Foreign Franchisors and the new Australian Franchising Code 2015

Australia is open for business! Franchising is well established in Australia and there are continuing opportunities in the market for overseas Companies and Franchisors in the areas of retail, food, health and beauty, fitness, mobile franchises and business to business services. The new Franchise Code commenced on 1 January 2015 and has introduced some significant changes for overseas franchisors.

Widening the Net on Unfair Contract Terms

An exposure draft of new legislation was released by the Federal Government on 28 April 2015 which will extend the unfair contract terms currently contained in the Australian Consumer Law (“ACL”) to small businesses if introduced. Presently, only consumers have protection under the ACL.