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 [...]
During 2022, the ATO issued almost 18,500 director penalty notices (DPNs) to directors of Australian companies. A further 52,000 directors received warnings, and the ATO has started referring certain debtors to credit reporting agencies. This is indicative of a significant uptick in collections activity following a period of relative leniency [...]
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 [...]
A recent VCAT decision[1] provides helpful guidance for landlords, tenants and developers about the ability of landlords to rely on demolition clauses to terminate retail leases. What is a ‘demolition clause’? A demolition clause is a clause permitting a landlord to terminate a lease prior to the expiry its term [...]
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 [...]
A decision of the Victorian Supreme Court[1] handed down on 9 August 2021 has highlighted the rights of off-the-plan purchasers to rescind contracts pursuant to s 9AC(2) of the Sale of Land Act 1962 (Act) when changes are made to the proposed plan of subdivision after the contract is signed and [...]
