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Adverse Possession

Adverse Possession – How to Defend a Claim

TLFC Principal and Business Law Specialist, Phillip Leaman shares his expertise on Adverse Possession in an article featured in the March 2018 issue of Traverse, the News Bulletin of The Institution of Surveyors Victoria Phillip is a property and business lawyer with particular expertise in property development, adverse possession, compulsory acquisition and title issues such as easements, roads and restrictive covenants Phillip acted for the successful party in the leading Victorian Supreme...
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Leasing & Lease Disputes

Case Law Update: Retail Leases – Is your Lease In or Out of the Act?

A recent Victorian Civil and Administrative Tribunal case of William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd (2018) has decided whether a lease which is subject to the Retail Leases Act 2003 (Vic) can subsequently fall outside the definition of retail premises during the term of the lease. In 2006 the tenant entered into a lease in respect to premises in Hawthorn East for an initial term of 8 years with two further...
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Litigation & Dispute Resolution

Public Examinations – Inquisition or Corporate Karma?

Regardless of this clause, A2Z alleged that McDonalds terminated the cleaning contract with only one day’s notice, resulting in A2Z instituting proceedings against McDonalds for breach of contract. Before the proceeding could be determined A2Z went into liquidation. The decision to continue the proceeding then fell to the Liquidator, who, in order to assess the merit of continuing the proceeding, commenced a public examination. So what is the purpose of a public examination and who...
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Business Law / Commercial Contracts & Agreements / Intellectual Property

It Won’t Happen To Us! We Know Each Other – We Don’t Need an Agreement

The material considerations relevant to your interest, whether it be a property development, joint venture, partnership, firm, unit trust or Company are similar. For many small business owners, the importance of these factors are often not appreciated until it is too late – for example, when a joint business owner discovers there is no satisfactory solution to their dispute with their co-owner, other than to go down the path of often costly litigation, with no...
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