Marsh & Maher Richmond Bennison Lawyers

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Movement in the Victorian Retail Leasing Space

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Movement in the Victorian Retail Leasing Space

The Retail Leases Amendment Bill 2019 (VIC) was introduced into parliament at the end of October, which aims to provide further clarity and certainty around tenant and landlord obligations under the Retail Leases Act 2003 (VIC).

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Recent reform to enable survivors of historical child abuse to reopen settlements

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Recent reform to enable survivors of historical child abuse to reopen settlements

The latest in a suite of legal reforms in Victoria to enable survivors of historical child abuse to seek justice through claims for compensation came into effect recently. By amendment of the Limitation of Actions Act 1958, survivors may apply to the Supreme Court to overturn previous judgments and re-open past settlements.

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Expanded Short Stay Powers for Owners Corporations

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Expanded Short Stay Powers for Owners Corporations

With the increase in the popularity of Air BNB and other short stay providers, new legislation has sought to clarify Owners Corporations’ rights and powers against Short Stay Occupants and Short Stay Providers.

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The Court of Appeal has dismissed an appeal by the State of Victoria which will open up access to general damages for survivors of intentional acts

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The Court of Appeal has dismissed an appeal by the State of Victoria which will open up access to general damages for survivors of intentional acts

The decision has significant implications, including that people who have experienced an injury as a result of an intentional act by another person at a premises can bring a claim in negligence against the occupier of that premises without the need to comply with Part VBA of the Wrongs Act 1958 to be eligible for an award of general damages.

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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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