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.
2019
Beware of “doomed” unfair dismissal applications and costs risks
Nicola Drakeford / 0 Comments /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.
2019
Time to Act Promptly – Extension of time denied where sons delayed challenging a will for 40 years – because of their dead mother’s promise
Nicola Drakeford / 0 Comments /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.
2019
Liquidator Remuneration: Application of Universal Distributing principle in priority dispute between two liquidators
Nicola Drakeford / 0 Comments /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.
2019
Whistleblower Protection – Corporate Obligation Expanded
admin-mm / 0 Comments /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.