Receivership is a legal process in which a suitably qualified person, the receiver, acts as a custodian to safeguard a company’s assets should the company find itself in financial difficulty. Receivership occurs when one or more of the company’s secured creditors, who holds security over some or all of the company’s assets, appoints a receiver to take control over those company’s assets. There is no requirement for a court to approve the appointment of a receiver, however, in special circumstances, a court may do so.
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.
We provide a few practical steps that can be taken when attempting to resolve commercial disputes during the COVID-19 pandemic period. These disputes may stem from businesses becoming unable or unwilling to meet their contractual obligations or adjust to the disruption which may have come about though lockdown periods, business closures, reductions in staffing, cancellations of events and travel restrictions.
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.
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.
Engaging a builder to build your home can be daunting – you are committing a significant amount of time and money into developing a valuable asset. In such circumstances, the last thing you want is a dispute with your builder that will take significant time to resolve and extensive legal costs. We provide a guide of steps that can be taken to avoid domestic building disputes with your builder.
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.
Any simple steps that can be taken to avoid domestic building disputes are worthwhile – ideally to avoid a dispute or prevent it from escalating, but otherwise at least to provide you with some protection in the event of a dispute arising. In this article we list some key steps you can take to achieve these goals.
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.
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 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.
