What happens when both the Landlord and the Tenant are late in complying with their obligations for exercising an option for a further term? Accredited Property Law Specialist Andre Ong looks at the case of Xiao v Perpetual Trustee Company Limited [2008] VSC 412.
What is your liability to the Purchaser if your Vendor client has given you a diagram or content you use in your marketing that turns out to be wrong? Be aware of what representation you make when handing brochures or other documents to the Purchaser and ensure that you have suitable disclaimers in place to protect you.
An agent should be aware that, in the situation where the original purchaser has nominated an alternative purchaser, original purchaser continues to be bound by the contract and not the alternative or nominee purchaser. Read here for more information.
When can a Landlord reasonably withhold consent to a transfer of a Lease where the legal identity of the Tenant is to change? An example set out in this case explains when it is reasonable for a Landlord to withhold such consent, given the circumstances.
Difficulties can often arise in interpreting the special conditions of a Contract when things do not go to plan. Here is an example of what can go wrong. We provide some practical tips for how to avoid ending up in a similar situation. Read here for more details.
When interviewing potential new employees, employers need to be careful about the questions they ask. Although you might have a legitimate reason for not giving the job to a particular applicant, you don't want them to begin wondering if they have been the victim of discrimination. There is a range of Victorian and Federal legislation and case law which prohibits the unlawful discrimination of someone based on one or more of a series of factors. Even engaging in some friendly small talk during the job interview could potentially be used later against an unwitting employer.
It is important to remember that there are certain types of claims that can only be issued in a particular Court or Tribunal. If a claim is issued in the wrong place, it may be struck out, which would mean you would have to start again somewhere else. You would also commonly have to pay your opponent's costs. Our Litigation Team explains.
