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
Valuer and Retail Leases Update: COVID-19 Update

Valuer and Retail Leases Update: COVID-19 Update

The Commercial Tenancy Relief Scheme Regulations 2021 (Regulations) were released on Tuesday. Basically, tenants (whose turnover is less than $50m, are not public companies, or a subsidiary of a public company and had turnover that declined by 30% or more...
26 August, 2021

Valuer and Retail Leases Update: Qualifications of a Valuer

In Australian Fast Foods Pty Ltd v Kameel Pty Ltd [2021] VCAT 921, VCAT determined that a Valuer nominated by the VSBC as a specialist retail valuer, is a specialist retail valuer and it is up to the party challenging...
19 August, 2021

Transfer of property gift between mother and son set aside

In a recent Supreme Court of Victoria proceeding[1] the Court has set aside a transaction transferring a property from mother to son as a gift. The Court treats matters involving undue influence and unconscionable conduct seriously as this case demonstrates....
10 August, 2021

First meeting of creditors in an administration and its importance

The first meeting of creditors in an administration, although procedural, is still important. This was highlighted in the recent case of Bluechain Pty Ltd (No 2) [2021] VSC 260. Facts The Court ordered that provisional liquidators be appointed to the...
26 July, 2021

Disqualification of superannuation fund trustees – not as easy as the ATO thinks

As the regulator of self managed super funds, the ATO may disqualify people as trustees, or as directors of corporate trustees, of self managed superannuation funds in certain circumstances.  Broadly, those circumstances are where the person is considered not to...
20 July, 2021