Recent posts

Underquoting in Real Estate transactions

Property Law

Melbourne real estate agents have recently been penalised for false and misleading representations in residential property sales. Agents have underquoted prospective buyers about the expected selling price of properties. Changes to the Estate Agents Act 1980 (Vic) have introduced new obligations for agents to prevent underquoting. Furthermore, an underquoting taskforce has recently been established by Consumer Affairs Victoria to investigate instances of underquoting. It is important for agents to be aware of their legal obligations to avoid underquoting and the consequences of breaching the Act.

Avoiding teacher negligence or malpractice claims

Charities & Not For Profits

Schools should be aware of the kinds of teacher conduct which may be considered to be bullying or harassment, the circumstances in which schools may be held liable and ways to manage the legal risks involved.

What you need to know about confidentiality in Mediation

Mediation of Disputes

A Mediator facilitates the disputing parties to reach an agreement. To do this effectively, the Mediator needs to understand the position of both parties. Each party will enter a Mediation Agreement with the Mediator in which the Mediator promises to keep each party's information confidential. We list some things to keep in mind.

Committee Members: Do you know your duties?

Charities & Not For Profits

If you are on the committee of an Incorporated Association, you should familiarise yourself with the duties you have to your organisation and its stakeholders. For example, if you thought that only company directors have to worry about insolvent trading, you would be wrong. Many of the duties that apply to company directors also apply to the committee members of Incorporated Associations.

Family Law: Parenting arrangement myths

Family Law

It's often difficult to know who to listen to when well meaning family and friends offer to share their own story or experience or when venturing onto the internet (which can be a minefield leaving you with conflicting information). Below, we provide real answers to some of the most common 'myths' going around. Very often the facts are lost in translation, much like the children's game of 'telephone' or 'Chinese whispers'.

A checklist for buying a business

Commercial Law

Buying a business can be a risky investment. Care must be taken when determining how you will purchase the business (e.g. sole trader, partnership, trust or company). Factors to consider include your own personal liability, asset protection and the costs involved.

Stop what you're doing! A brief guide to Restraint of Trade clauses

Employment Law

Today's workers are more skilled and mobile than at any other time. No longer satisfied with a single job for life, the average worker will now have in excess of 12 different jobs during their lifetime, often changing jobs every three to five years. This increase in worker skill and mobility has been accompanied by a significant increase in the prevalence and complexity of Restraint of Trade clauses.

Are 'do it yourself' Wills legal?

Wills & Estate Planning

It can be more costly to prove a DIY Will to the court. When a Will maker passes away, the executor/s will have to make an application for a court order to confirm the validity of the will, which is called an application for a Grant of Probate. If a will has not been drafted or executed in the manner required by the law, executors may have to incur additional legal costs in attempting to prove the will and potentially making a court application for it to be recognised as an 'informal Will'.

Could your property purchasing trust have a foreign stamp duty time bomb?

Property Law

We recommend that trust deeds be carefully reviewed prior to purchasing a property in order to ensure that you are fully aware of your tax obligations. Disclosures to the SRO need to be made up front, where appropriate. If you think that you may have inadvertently breached your reporting obligations, we recommend that you seek immediate legal advice.

Terminating employment: Notice period and final pay

Employment Law

Are you thinking about terminating someone"s employment? Do you know how much notice, or warning, you must provide them or how much you must pay them? We outline some key considerations, including notice period and final pay. Read here for more information.

CEO's: Does your NFP value its values?

Charities & Not For Profits

This organisation either had no values or its values were well and truly buried such as to create deep systemic issues, resulting in fraud and theft. It is an extreme example of what can go wrong. Of greater prevalence and concern are the subtle weakening of like organisations where values are relatively unimportant and are not 'lived out', commonly resulting in ineffectiveness, low morale, poor productivity, conflict or dysfunction and delivering less than optimal outcomes.

Divorce: When a marriage goes south

Family Law

Australian law has 'no-fault' divorce, which means it does not matter whether one spouse, or both, have 'caused' the marriage breakdown. Under the Family Law Act 1975 (Cth), there is only one ground for divorce, being that the marriage has broken down irretrievably.

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Recent posts

Underquoting in Real Estate transactions

Property Law

Avoiding teacher negligence or malpractice claims

Charities & Not For Profits

What you need to know about confidentiality in Mediation

Mediation of Disputes

Committee Members: Do you know your duties?

Charities & Not For Profits

Family Law: Parenting arrangement myths

Family Law

A checklist for buying a business

Commercial Law

Stop what you're doing! A brief guide to Restraint of Trade clauses

Employment Law

Are 'do it yourself' Wills legal?

Wills & Estate Planning

Could your property purchasing trust have a foreign stamp duty time bomb?

Property Law

Terminating employment: Notice period and final pay

Employment Law

CEO's: Does your NFP value its values?

Charities & Not For Profits

Divorce: When a marriage goes south

Family Law

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