Recent articles

What do Victoria’s recent rental laws mean for landlords?

Property Law

The new rental laws aim to set minimum standards for rental properties in Victoria and clarify the rights and responsibilities of both tenants and landlords. The new residential tenancy laws will encapsulate all stages of the end to end rental process, from before the rental agreement is signed, right until the agreement comes to an end. This includes repairs and modification to rooming houses, long term leases, notices to vacate and pet ownership.

Checklist for starting a Charity or Not-For-Profit Organisation

Charities & Not For Profits

Setting up a not-for-profit organisation can be a complex and rather daunting process. We have compiled a checklist of key matters that you will need to consider when setting up a not-for-profit organisation.

Changes to casual employment in Australia

Employment Law

The law concerning casual employment in Australia has changed as a result of recent amendments to the Fair Work Act 2009 (Cth) by the Federal Parliament. These changes will affect all employers who employ casual employees, and will often require employers to take immediate action to ensure compliance with the updated legislation.

What is Probate? Do I need it?

Probate & Estates

A Grant of Probate is a certificate given by the Supreme Court of Victoria to the effect that the Will of a deceased person has been proved and administration of that person's estate has been granted to the executor proving the Will. Where the deceased did not leave a Will, a Grant of Letters of Administration is the equivalent certificate given by the Supreme Court of Victoria.

I owe someone money - how can I negotiate a settlement for a debt recovery matter?

Litigation [Courts & Tribunals]

If a creditor believes you owe money and you have not paid, chances are the creditor will want to recover the money and, in doing so, may serve you with a letter of demand or a court complaint. The biggest mistake you can make is to ignore it! Here are some effective tips on how to negotiate a settlement.

Can I challenge a Will?

Probate & Estates

If you have been left out of a Will in Victoria, there are two key claims that can be made: a claim to invalidate the Will, or a Part IV claim, which claims that the Will Maker (Testator) has not made adequate provision for a person whom they had an obligation to provide.

ACNC Governance Standards for Charities

Charities & Not For Profits

The Governance Standards are a set of core, minimum standards that provide a framework for governance and compliance for those running a charity. An organisation must meet the Australian Charities and Not-for-profits Commission (ACNC) Governance Standards to be registered and remain registered as a charity. Compliance with these standards is monitored by the ACNC.

Key changes to the Retail Leases Act (2003)

Property Law

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.

Directors liability for breach of contract

Litigation [Courts & Tribunals]

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. Directors are not generally liable, because the company is regarded as a separate legal entity or ‘person’, distinct from its directors and members. The protection of directors against liability is commonly referred to as the ‘corporate veil’, as courts do not generally look behind the ‘veil’ to ascertain who is liable.

What is the procedure to obtain a Grant of Representation?

Probate & Estates

The person(s) who intend to apply for a Grant must advertise their intention to do so for a period of fourteen days, on the Supreme Court website. At the end of this fourteen day period, an application for a Grant can then be submitted to the Supreme Court via their electronic filing system, RedCrest Probate.

A Guide to Bankruptcy Proceedings

Litigation [Courts & Tribunals]

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.

The benefits of having your building contract reviewed

Litigation [Courts & Tribunals]

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.

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Recent articles

What do Victoria’s recent rental laws mean for landlords?

Property Law

Checklist for starting a Charity or Not-For-Profit Organisation

Charities & Not For Profits

Changes to casual employment in Australia

Employment Law

What is Probate? Do I need it?

Probate & Estates

I owe someone money - how can I negotiate a settlement for a debt recovery matter?

Litigation [Courts & Tribunals]

Can I challenge a Will?

Probate & Estates

ACNC Governance Standards for Charities

Charities & Not For Profits

Key changes to the Retail Leases Act (2003)

Property Law

Directors liability for breach of contract

Litigation [Courts & Tribunals]

What is the procedure to obtain a Grant of Representation?

Probate & Estates

A Guide to Bankruptcy Proceedings

Litigation [Courts & Tribunals]

The benefits of having your building contract reviewed

Litigation [Courts & Tribunals]

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