COVID-19: Important changes for debtors, creditors and company directors

Litigation [Courts & Tribunals]

COVID-19

In response to the current coronavirus pandemic, the Federal Government recently introduced a number of financial measures in its Coronavirus Economic Response Package Omnibus Act 2020 (Vic)(“the Act’). Much of the Act deals with economic stimulus measures, such as stimulus payments and superannuation draw-downs, however Schedule 12 is entitled “Temporary relief for financially distressed individuals and businesses” and deals with three key areas of temporary reform.

Oaths and Affirmations during COVID-19

Litigation [Courts & Tribunals]

COVID-19

The social distancing restrictions that have been introduced in response to the coronavirus pandemic have raised issues regarding the signing of legal documents that require a witness, including affidavits and statutory declarations.

Coronavirus and the Courts (Victoria)

Litigation [Courts & Tribunals]

COVID-19

Victoria’s Courts and Tribunals have adopted varying approaches to respond to coronavirus (COVID-19). Each Court has provided detailed statements regarding their approach which can be found on their respective websites. This article seeks to provide a brief overview of the measures that have been taken at this stage, and will focus solely on the response of the Courts and VCAT in relation to civil matters. For information regarding criminal matters or intervention orders, follow the links provided to the relevant court websites.

Misleading and Deceptive Conduct: what is it, and how can I avoid it?

Litigation [Courts & Tribunals]

Under section 18 of the ACL, persons involved in trade or commerce are prohibited from engaging in conduct that is misleading or deceptive. This includes a prohibition of conduct that is likely to mislead or deceive. Importantly, there is no requirement that the misleading conduct be intentional, or that anyone suffer any loss or damage as a result of the conduct. Claims of misleading and deceptive conduct can be made by the ACCC or by anyone to whom the misleading conduct was directed – though in the latter case, this would be unlikely to occur unless some loss or damage had been suffered.

What can I do if water from a neighbouring property causes damage?

Litigation [Courts & Tribunals]

When water causes damage to your property, it can be costly and time-consuming to fix. Where the water has come from a neighbouring property, this is not a cost that you should necessarily have to bear. The Water Act 1989 (Vic) sets out the legal position for those affected by water damage originating from a neighbouring property and provides an avenue through which legal action may be taken.

Part X Personal Insolvency Agreements

Litigation [Courts & Tribunals]

Part X Agreements provide an avenue for a person who is unable to pay their debts to reach an agreement with their creditor(s) for repayment, particularly where that person is ineligible for a Part IX Debt Agreement. They are a useful tool for debtors and creditors alike, providing debtors with a way in which to settle debts without becoming bankrupt, and creditors with the potential to receive more than they would if the debtor were to be made bankrupt.

Part 9 Debt Agreements

Litigation [Courts & Tribunals]

Part IX Agreements, also known as Part 9 Debt Agreements, provide an avenue for a person who is unable to pay their debts to reach an agreement with their creditor(s) for repayment. They are a useful tool for debtors and creditors alike, providing debtors with a way in which to settle debts without becoming bankrupt, and creditors with the potential to receive more than they would if the debtor were to be made bankrupt.

Is voluntary bankruptcy right for you?

Litigation [Courts & Tribunals]

Bankruptcy can be entered into either voluntarily or on application by a creditor. Approximately 90% of bankruptcies are entered into voluntarily by the individual declaring to the court that they do not have the means to pay off their debts. Whether or not entering into voluntary bankruptcy is the right decision for you depends on your unique circumstances.

Body Corporate Disputes: Leaking roofs

Litigation [Courts & Tribunals]

What can you do if water is leaking through the roof or ceiling of a property which has an Owners Corporation? Who is responsible for paying for the repairs? The answers to these questions depend on a number of factors.Generally, Owners Corporations are responsible for keeping the common property in good repair. Under typical circumstances, roofs form part of the common property in which case the Owners Corporation would be responsible for repairing a leaking roof.

Domestic Building Dispute Resolution Victoria (DBDRV)

Litigation [Courts & Tribunals]

Disputes often arise between builders and owners and, when they do, they are often difficult, expensive and time-consuming to resolve – especially if litigation is required. Domestic Dispute Resolution Victoria (‘DBDRV’) is a free service established to assist owners and builders with the resolution of their dispute prior to the instigation of VCAT proceedings. Where negotiations between parties have failed to reach a resolution, the DBDRV provides a venue for parties to air grievances and attempt to settle the matter with the assistance of an independent third party.

6 things to know about Affidavits

Litigation [Courts & Tribunals]

Litigation [Courts & Tribunals]

In this article, we answer 6 frequently asked questions about Affidavits. An Affidavit is a legal document that contains a true written and signed statement, which may be used as evidence in a court or tribunal. They are similar to statutory declarations or a witness statements, in that they all contain written and signed statements which are used as ways of giving evidence. However, each have different uses, formats and signing requirements. Read here for more information.

Can I legally be charged a cancellation fee for a service?

Litigation [Courts & Tribunals]

Generally speaking, agreeing to pay for a service (whether it be via booking an appointment or booking a service such as a hotel room) equates to entering into a verbal contract. As with any contract, these agreements come with terms and conditions to which you are bound, including any cancellation policy. Click here for more information.