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Leasing & Lease Disputes / Property & Development / Real Estate Agents

COVID-19 and the New Changes to Leasing

Additional measures are being introduced in relation to commercial tenancies, including the following: An extension to the prohibition on commercial lease terminations from the current sunset date of 29 September 2020 until the end of this year, 31 December 2020. The ban will apply except in specific circumstances, however it remains to be seen what those ‘specific circumstances’ will be; An extension to the prohibition on rent increases for commercial tenancies from the current sunset...
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Owners Corporations / Owners Corporations & Strata

Owners Corporation legal case review- Air Conditioners and Owners Corporations Consent

Legal arguments not enough to get around the requirement to get your Owners Corporation’s consent to install air-conditioners on common property… In May 2013, VCAT issued a decision ordering lot owners to remove an air-conditioner and pay for repairs to common property after they installed it on common property without Owners Corporation approval   The lot owners argued they didn’t need Owners Corporation approval for the installation because there was an implied easement allowing...
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Family Law / Family Law Advice

Electronic Hearings – Are they fair to parties in family law proceedings?

The Family Law Courts (the Family Court and the Federal Circuit Court) have considered this in a handful of cases (Justice Baumann in Phelps & Phelps [2020] FamCA 285 and Judge Brown in Candeler & Candeler (No. 2) [2020] FCCA 1095 applying the reasoning of Justice Perram in Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486). In these cases, the Court has concluded that although electronic hearings pose practical difficulties to...
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Family Law

Separation and Divorce- Your Priorities

We believe that in your separation or divorce, particularly if you are a professional or business person, your priorities should be to: Protect your wealth and future financial security and secure a favourable division of assets and superannuation (consistent with a Court based outcome) after separation, or negotiate a pre/post-nuptial or de facto financial agreement at the outset of your relationship, or before separation;   Minimise the impact of your separation on your children and...
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