Articles

On 22 September 2020, the Retail Leases Amendment Act 2020 (Vic) came into force. The Amendment Act created new rights and obligations to important retail leasing processes governed by the Retail Leases Act 2003 (Vic) (“the Act”). It is imperative that both landlords and tenants are aware of these key changes to avoid any consequences and loss of entitlements regarding their existing leases and new leases. This article summarises these changes and will focus on the new process for further lease terms.

Generally, if a contract is entered into by a company and that company has breached the contract, then only the company will be liable and not its directors. in some circumstances, courts can ‘pierce’ or ‘lift’ this corporate veil. When this occurs, the separate legal personality of the company is disregarded and the directors and shareholders can become personally liable for breaches of contract and debts incurred by the company.

The person(s) who intend to apply for a Grant of Representation must advertise their intention to do so for a period of fourteen days, on the Supreme Court website. Our Wills & Estates team explains.

Bankruptcy is a process where a person (‘debtor’) who cannot afford to pay their debts, gives up their assets and control of their finances, either voluntarily or by court order, in exchange for protection from legal action by their creditors who are pursuing payment.

Litigation is generally costly, time-consuming and stressful, with no absolute certainty as to the outcome. In order to minimise the likelihood of being involved in a dispute, it pays to have your building contract reviewed, whether you are an owner, developer, builder or sub-contractor.

A Grant of Probate is a formal document issued by the Supreme Court of Victoria, which gives authority to the Executor of the estate to deal with the deceased’s assets once they have passed.

Yes, an Executor of a Will can also be a Beneficiary. In fact, it is very common for an Executor to be a Beneficiary. Most usually, spouses appoint one another as their sole Executor and Beneficiary. Circumstances may arise however, which make it best not to appoint an Executor who is also a Beneficiary.

Have you recently been asked to sign a contract and are wondering whether legal advice is necessary? If you are considering signing a contract, it is important to ensure that you understand exactly what you are agreeing to. Before you sign on the dotted line, you should take the time to carefully read through the contract as well as having the contract reviewed by a professional.

It is quite common for both the Landlord and the Tenant to enter into a Lease with the best of intentions, where both parties mutually can benefit. However, circumstances can change. What can a Landlord do if a Tenant stops paying rent or breaches other fundamental terms of the Lease? Andre Ong, Accredited Specialist (Property Law) summarises a Landlord's options.

When selling property in Victoria, many sellers may be used to terms such as ‘Section 32’ or ‘Vendor’s Statement’. Usually, your legal representative will assist you with the preparation of this document in anticipation of your sale. It is important to note however that the Contract may be rescinded by a Purchaser if an adequate Vendor’s Statement is not provided to them at the time of sale (noting the obligations under section 32K of the Sale of Land Act 1962 (Vic)).

Parties to domestic building work disputes are required to obtain a certificate of conciliation from the DBDRV prior to issuing proceedings in VCAT or a court. However, Section 134 of the Building Act 1993 (Vic) (‘the Building Act’) limits the time for building actions be brought to 10 years from the date of the occupancy permit, or, where no such permit has been issued, 10 years from the date of the certificate of final inspection.

Liquidation is the process of winding up and finalising a company’s affairs. The purpose of a voluntary liquidation is to bring the affairs of the company to an orderly end. Head of Litigation Caroline Callegari explains.