Executors are often placed under pressure to settle Testator’s Family Maintenance (TFM) claims to avoid the cost and uncertainty of litigation. A recent Victorian Supreme Court decision shows that not all claims warrant compromise and that courts are willing to protect estates against opportunistic litigation. In Lennan v Chao (No [...]
When a loved one dies, disputes can arise not only about the distribution of their estate but also about the legal validity of their will. Unlike family provision claims which seek to alter the distribution of an estate by adjusting the entitlements set out in the will (discussed in our [...]
When a loved one passes away, disputes over their will can add further stress to an already emotional time. In Victoria, if you believe you’ve been unfairly left out of a will, or not adequately provided for, you may be eligible to make a Family Provision claim. Who can make [...]
With insolvencies surging by 43% in the quarter ending 29 September 2024, many small and medium businesses — and their owners — are feeling the financial strain. For directors and their families, the impact can be especially severe if personal guarantees are enforced and the family home is used as [...]
Disputes commonly arise between landlords and tenants in relation to obligations imposed on the tenant to repaint and recarpet the premises. A recent decision from the Victorian Civil and Administrative Tribunal (VCAT) sheds light on this issue, clarifying the relationship between lease obligations and the landlord's duty to maintain [...]
Who should read this article? Commercial landlords and tenants. The article will also be relevant to commercial property managers who are often the first port-of-call when these issues arise. In a nutshell: what do you need to know? Victoria’s highest Court has found that a landlord’s failure to investigate [...]
VCAT’s recent decision in Q St Kilda Tenancy Pty Ltd v Kane (Building and Property) [2023] 75 provides helpful guidance for retail landlords and tenants concerning rent reviews and the operation of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA). This case concerned the lease of a serviced [...]
A recent Queensland Court of Appeal decision shows the continuing utility of disclaimers on products despite legislative reforms narrowing the scope of their effectiveness. In Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd[1] a class action was brought on behalf of commercial farmers against the manufacturer of sorghum seed. [...]
Vendors in real estate transactions are motivated to have their deposits released as early as possible. This motivation is particularly strong in relation to sales of high-value development sites, which are often sold on terms where settlement may be scheduled many years into the future. A recent decision of the [...]
Buying a property can be one of the biggest and most important transactions you make during your lifetime and it is important you seek professional advice to protect your interests. A decision of the Victorian Supreme Court[1] handed down on 5 August 2021 demonstrates the potentially disastrous consequences when a subject [...]
