Update on Mandatory COVID-19 Vaccination

Update on Mandatory COVID-19 Vaccination

On 15 October 2021, the Chief Health Officer (CHO) issued the COVID-19 Mandatory Vaccination (Workers) Directions (No 3) (Directions) under the Public Health and Wellbeing Act 2008 (Vic). The Directions expand the workers-specific definitions under Schedule 1. This paper provides...
18 October, 2021

Can employers make the COVID-19 vaccination mandatory for staff?

There are many different issues raised by this question so there is no ‘one size fits all’ answer. Guidance on mandating COVID-19 vaccinations from the Fair Work Ombudsman[1] and Safe Work Australia[2] has evolved considerably and we expect that to...
11 October, 2021
Statutory demands and proving solvency

Statutory demands and proving solvency

The recent Victorian Supreme Court case is a reminder of the high threshold required to prove solvency when faced with a statutory demand.
8 October, 2021
Valuer and Retail Leases Update: Yet another Valuation set aside

Valuer and Retail Leases Update: Yet Another Valuation Set Aside

In 328 Hampshire Road Pty Ltd v Medical One Pty Ltd (Building and Property) [2021] VCAT 1117, another rental valuation was set aside for failing to provide detailed reasons in compliance with section 37 (6) of the Retail Leases Act...
30 September, 2021

Important changes to the construction industry in response to COVID-19

Under the Public Health and Wellbeing Act 2008, the Chief Health Officer has issued a COVID-19 Mandatory Vaccination Directions for the construction industry sectors to prevent the spread of COVID-19.
28 September, 2021
Practical tips to deal with the recent defamation judgment in the High Court

Practical tips to deal with the recent defamation judgment in the High Court

n a recent case the majority of the High Court held that news outlets can be considered publishers of comments posted by third parties (members of the public) and under articles on the news site’s Facebook page for the purpose...
21 September, 2021
Valuer and Retail Leases Update: Another Valuation set aside

Valuer and Retail Leases Update: Another Valuation set aside

In the decision of Steambrook Pty Ltd v Boulton (Building and Property) [2021] VCAT 996, the rental determination issued on 2 July 2020 was set aside for not complying with section 37 of the Retail Leases Act 2003 (Vic). The...
21 September, 2021
7-Eleven franchisee successful in obtaining an injunction against the franchisor

7-Eleven franchisee successful in obtaining an injunction against the franchisor

In a recent Supreme Court of Victoria case, a 7-Eleven franchisee was successful in obtaining an injunction proceeding against the franchisor. The Defendant leased the property for a store in Heathmont for a period of 10 years with an option...
21 September, 2021

Case update: Lodging caveats with no basis is an expensive mistake

Long gone are the days when businesses could get away with lodging caveats on a person’s property because they were owed money (without a specific agreement that gives rise to an interest in the land). We are often asked to...
26 August, 2021