Marsh & Maher Richmond Bennison Lawyers

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Water Leaks – Who is Liable, the OC or Lot Owner?

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Water Leaks – Who is Liable, the OC or Lot Owner?

A recent decision in VCAT has dealt with an issue commonly faced by Owners Corporations throughout Victoria and their members – interpreting a plan of subdivision in the context of unreasonable flows of water into an apartment, so as to determine whether an Owners Corporation or an individual lot owner was liable for water damage pursuant to the Water Act 1989 (Vic).

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Sweetening Shift Work: Changes to Sick Leave Entitlements

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Sweetening Shift Work: Changes to Sick Leave Entitlements

A recent landmark Federal Court decision has serious and significant implications for both employers and employees – as the case changes how personal/carer’s leave is calculated and accrued.

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Liquidators’ recovery actions and the statutory set-off

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Liquidators’ recovery actions and the statutory set-off

An increasing line of authority suggests that a set-off under s. 553C of the Corporations Act 2001 (Cth) may be relied upon to resist a liquidator’s recovery action, such as an unfair preference claim or insolvent trading claim.

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Beware of “doomed” unfair dismissal applications and costs risks

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Beware of “doomed” unfair dismissal applications and costs risks

In the recent case of Charles Parletta Real Estate Pty Ltd v Ms Maria D’Ortenzio and Mr Nicola Minicozzi [2018] FWC 3286, the FWC awarded indemnity costs against a former HR Manager for having brought an unfair dismissal claim against her former employer, which was said to be “doomed” from the start.

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Time to Act Promptly – Extension of time denied where sons delayed challenging a will for 40 years – because of their dead mother’s promise

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Time to Act Promptly – Extension of time denied where sons delayed challenging a will for 40 years – because of their dead mother’s promise

A recent case in the Supreme Court of Victoria has emphasised the need to act promptly in disputing a will, and for fulsome legal advice on structuring – whilst all parties are still alive.

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Liquidator Remuneration: Application of Universal Distributing principle in priority dispute between two liquidators

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Liquidator Remuneration: Application of Universal Distributing principle in priority dispute between two liquidators

MMRB recently acted for the former liquidators of Bella Pastry House Pty Ltd (in Liq) in what was essentially a priority dispute between the liquidator and former liquidators, over funds recovered in the liquidation of the Company.

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Whistleblower Protection – Corporate Obligation Expanded

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Whistleblower Protection – Corporate Obligation Expanded

On 12 March 2019 the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (Cth) (“TLA Act”) was given Royal Assent and will significantly change the framework under which public and large proprietary companies will be required to operate in terms of providing protection for whistleblowers.

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