October 29, 2018

As a litigator for more than twenty years, I have heard every excuse in the book for failing to comply with deadlines.

The problem is: if another party fails to meet a deadline, there is no penalty, unless you ask the Court to intervene.  This costs time and money.  And...

October 24, 2018

For many Australians a Self Managed Superannuation Fund is an integral part of their wealth creation and estate planning strategy.  Unfortunately, when an SMSF member dies there can be a legal battle over control of the fund and who should receive the death benefit pay...

October 24, 2018

A new planning scheme for the Redlands came into effect on 8 October 2018. As with any new planning scheme or amendment it is advisable that any land owner review the new scheme and be aware of any constraints and opportunities that the new scheme brings.

We quite often...

October 24, 2018

The standard REIQ contracts contain certain warranties by the seller, most of which have accompanying termination rights in favour of the buyer if the seller breaches a warranty.  For example, in clause 7.4(3)(a)(ii) of the REIQ contract for the sale of houses and land...

October 23, 2018

The New Law is contained in the Building and Other Legislation (Cladding) Amendment Regulation 2018

The New Law commenced on 1 October 2018. 

Who is affected by the New Law?

The New Law imposes obligations on private owners of buildings that:

  1. are class 2 to class...

October 22, 2018

I recently acted for a solar provider in an appeal by a customer to the Victorian Court of Appeal.

The customer asserted that the client’s solar system was not properly installed at its premises, such that it was entitled to:

  1. terminate the contract with my client;

  2. ...

October 16, 2018

Why is it so hard to estimate the costs of Court action?  There are any number of things that can (and probably will) go awry.

Have you ever suffered the inconvenience of the Amazing Disappearing Customer?  Just when you decide enough is enough, your Customer suddenly d...

October 15, 2018

What’s the first thing some lawyers do when they receive a Statement of Claim?  They ask for particulars.  Even if they are already aware of the answers they purportedly seek.

Often, you’ll get a few bona fide requests nestled in amongst several dozen unnecessary,...

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