Marsh & Maher Richmond Bennison Lawyers

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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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International Comparisons of Franchising Law

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International Comparisons of Franchising Law

Robert Toth, Partner at MMRB and Accredited Business Law Specialist, has written a chapter in the International Comparative Legal Guide to Franchise 2019. The Guide provides an overview of franchising from jurisdictions around the world, including Australia and New Zealand, the USA, Japan, Maaysia, China, England, Wales and throughout Europe.

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Parents and Playgrounds – a $1.3m+ Cautionary Tale

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Parents and Playgrounds – a $1.3m+ Cautionary Tale

Judge Morrish of the Victorian County Court recently awarded $1.37M in damages to a 39 year old father who fell approximately 3.5m when he was trying to help his daughter who had become stuck in a piece of the play equipment.

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Proposed Merger of the Family Courts – Good for Families?

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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.

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