2019
Movement in the Victorian Retail Leasing Space
Nicola Drakeford / 0 Comments /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).
2019
Recent reform to enable survivors of historical child abuse to reopen settlements
Nicola Drakeford / 0 Comments /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.
2019
Expanded Short Stay Powers for Owners Corporations
Nicola Drakeford / 0 Comments /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.
2019
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
Nicola Drakeford / 0 Comments /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.
2019
Water Leaks – Who is Liable, the OC or Lot Owner?
Nicola Drakeford / 0 Comments /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).
2019
Sweetening Shift Work: Changes to Sick Leave Entitlements
Nicola Drakeford / 0 Comments /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.
2019
Liquidators’ recovery actions and the statutory set-off
Nicola Drakeford / 0 Comments /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.