What are the consequences of bankruptcy?

Litigation [Courts & Tribunals]

Business Law

Personal Insolvency occurs when a person is unable to pay their debts as and when they fall due. Bankruptcy is the legal process that follows. Our Litigation team outlines some of the consequences of being declared bankrupt.

Who owns the Tenant’s installations? And how can this impact a market rent review? - A Case Study

Property Law

Litigation [Courts & Tribunals]

Case Note: Are fixtures installed by a Tenant on leased premises the personal property of the Tenant? Our Property Law team reviews a recent case with relevance to AWF Prop Co 2 Pty Ltd v Ararat Wind Farm Pty Ltd [2020] VSC 853.

Your Will should be as unique as you. Take the time to properly look after your loved ones.

Wills & Estate Planning

Wills and Estates

Your Will should be as unique as you. Careful estate planning is required to ensure that your assets pass to your intended beneficiaries in the most advantageous manner. Binay Prasad, Accredited Specialist (Wills & Estates) explains.

My loved one has died without a Will. What should I do?

Probate & Estates

Wills and Estates

Losing a loved one is a very challenging and emotional time. If the deceased person did not leave a Will, you may be wondering where to start.

New Defamation Laws and the High Court’s decision in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27

Litigation [Courts & Tribunals]

Business Law

Hold that thought! Our Litigation team reviews the new Defamation laws following the High Court’s decision in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27.

Director Identification Numbers - What you need to know?

Commercial Law

Recently introduced legislation requires company directors and those considering a directorship to provide proof of identity. Lawyer Ignatius Suwanto explains.

Can I refuse to act as an Executor?

Probate & Estates

You have been appointed as an Executor of a Will and don't want to act as one. What do you do?

Special Disability Trusts

Wills & Estate Planning

When contemplating putting together an estate plan, an important aspect to consider is the personal circumstances of the prospective beneficiaries of your Will. Setting up a a Special Disabilty Trust can assist a beneficiary to manage their inheritance. Lawyer Sarah Slattery explains.

Getting rid of goods abandoned due to COVID-19 – what are a landlord’s options?

Property Law

A carefully drafted lease is a landlord's key to mitigating risks and clarifying the steps to follow where goods have been abandoned or uncollected by a tenant.

Adverse Possession

Property Law

Litigation [Courts & Tribunals]

A claim for adverse possession can have a lasting impact, both financial and personal, on the landowner and claimant alike. It is prudent to know where you stand in advance should a claim for adverse possession arise.

Do businesses need to refund customers for cancelled bookings?

Commercial Law

There is no blanket legal requirement on businesses to provide a full refund in the event of cancellation, including in the event of government-mandated lockdowns or other restrictions. This applies to all types of businesses including accommodation providers, event organisers, or any other business that takes bookings and deposits or payment up front. However, it is important to be aware of the Australian Consumer Law and the requirements it imposes on your business.

What is a Company Constitution?

Commercial Law

Litigation [Courts & Tribunals]

A constitution is a legal document that governs the internal management of a company. Having a constitution is generally considered to be good business management practice.