At Burke & Associates Lawyers, we take a straightforward approach to legal problems. We are dedicated to finding the most appropriate, timely and cost-effective solutions for our clients.
Our clients appreciate our straightforward approach to the complicated legal field. We endeavour to provide you with all the information that you require to comprehend all aspects of your legal problems.
Caveat The word caveat means ‘beware’ and lodging a caveat on a property warns anyone dealing with the property that someone has a priority interest in that property as the caveat is a notice on title. The caveat also restricts...
Do your commercial agreements provide a process for the parties to resolve a dispute that may arise? Dispute resolution clauses are often dismissed by parties as ‘standard wording’, contained at the end of an agreement and unlikely to be...
Superannuation will often form a large proportion of your wealth upon your passing. Due to mandatory employee contributions to superannuation funds over the last three decades now, even if you have minimal assets, you’ll generally have a fairly substantial...
Navigating the development of property into a purpose-built childcare facility can be a complex process. It includes obtaining planning approval for the use and development of the site, building approval for construction and service approval by the regulatory authority....
“Safe Harbour” legislation was introduced in Australia in 2017. This legislation provides that directors will not be personally liable for debts incurred after the date of a company’s insolvency if they can show such debts were incurred in connection with...
Choosing the right lender to suit your borrowing needs can be a tricky decision and it isn’t always as straightforward as it seems. Both options come with their own pros and cons that will very much depend on your individual...
Enforcing Foreign Judgments in Australia It has never been easier to conduct business internationally but when things go wrong, the question of which jurisdiction is most appropriate to determine a dispute is often hard fought. Once a judgment is obtained,...
Discussions about the status and future of the National Disability Insurance Scheme (NDIS) were prevalent in the lead up to the recent election, particularly in light of a reported increase in appeals against NDIS decisions by an estimated 400% between...
Do you own a medical practice, and you are considering bringing on a business partner? There can be many advantages to expanding your practice, like easing your workload, offering extra services to patients or growing profit. However, owning a business...
Shareholder oppression mostly commonly occurs when the majority shareholder(s) of a company misuse their majority power to oppress the minority shareholders or otherwise treat them unfairly. There is no one set of activities which defines this , however, this will...
What is adverse possession? Adverse possession allows a person to claim title to land that is not owned by them, in circumstances where they have had exclusive and continuous possession of the land for a period of at least 15...
Given the effect that recent pandemic events have had on businesses with some left struggling we thought it timely to cover the topic of disputes and litigation. A dispute is not a situation that individuals, companies or practices wanted to...
Entering contracts online is now a regular part of many commercial dealings. These contracts can be simple, such as the purchase of a pair of jeans by a consumer, or more complex, such as service agreements between sophisticated entities. In...
Arbitration agreements are often treated as a “one-size-fits-all” in commercial contracts without being given much thought. This approach has the potential to increase time, costs and complexity for the parties in resolving disputes. A well-drafted arbitration agreement mitigates the risk...
If you’re thinking of setting up a Dental or Medical Practice using an existing dwelling that you are going to renovate, remodel or demolish then read on. We have taken the liberty of putting together a ‘checklist’ for you. This...
It is common that off-the-plan contracts include special conditions noting that marketing materials and representations by a vendor and it’s agent are not to be relied upon, but it’s one of those special conditions that people often overlook or don’t...
Starting your own private lending business can be an exciting time. While it is not uncommon for investors to eventually expand into private money lending due to the benefits and given that legally almost anyone can be a private money...
The loss of a loved one is a challenging time, and it can be made even more so when disagreements arise about how to handle their final affairs. Perhaps you and your brother don’t really see eye to eye, but...
When buying off-the-plan there are advantages AND disadvantages but what are they and are what are some key factors you should consider? Buying off-the-plan generally means buying a property that hasn’t yet been built or is still under construction. It...
This is a question that our property lawyers are often asked so let’s explain what is involved. Once an off-the-plan contract is signed, unless there are conditional terms, purchasers are obligated to complete the contract and proceed with settlement. If...
Leasing a healthcare property requires the landlord, tenant and any sub-tenant to consider requirements and conditions that may not be familiar to landlords in traditional office leasing spaces. Signing a lease with unfavourable terms or terms that do not adequately...
Property Developers in Australia. Setting the scene. “No money, no project!” is a frequent issue for Property Developers in Australia. While the Government has introduced a number of initiatives to assist businesses, workers and home owners, the relationship between property...
Anyone who has purchased or sold real estate would be familiar with a Section 32 but it’s important to understand what ‘should’ be included in this document. When selling property or land, the vendor is required to disclose various matters...
When thinking about Property the two most common circumstances are either Buying or Selling. Selling a property is an important milestone in anyone’s life and could be a more stressful than necessary for those who aren’t familiar with the process....
With advancements in IT, the evolution of digital tools and COVID19, signing documents electronically has now become the norm but have you ever noticed how some electronic signatures look nothing like your handwritten one? So, what can you now sign...
Prior to my admission as lawyer, I worked as a Probate clerk, and when I would tell people my occupation the response was generally “what is that?” It’s a fair question, so let’s look at what exactly Probate is, and...
A guide to what to expect when someone passes away If you’ve lost a loved one, the grief can be overwhelming. On top of that, once you start to work through the complicated legal processes relating to Wills and Probate,...
When creating a website for your business for the first time there will always be some legal considerations that should form part of your website planning and design. Starting a new business can be an exciting time and sometimes a...
A recent hot topic in reality TV discussions has been the latest season of MAFS (Married At First Sight). I admit, perhaps not surprisingly, that dealing with Wills and Estates day-in, day-out has the side effect of drawing my mind...
There are circumstances, when a premises is not yet ready for the Tenant to move into however the parties (Landlord and Tenant) still wish to enter into an agreement for a future lease. When this is the case, the parties...
One of the best new year’s resolutions you can make (at any time during the year) is making sure you have a current will, whether preparing one for the first time or updating an existing will. With the new year...
Written agreements offer clarity and certainty. Verbal agreements, however, are often not accurate as memories fade, one party’s version may be different from the other’s and, as time lapses, circumstances change and parties’ intentions change too. When the terms of...
It is crucial to be clear at the outset about how a party (say, an employee, contractor or licensee) is entering into any relationship agreement with your business. Conducting relationships on “hand-shake” agreements or ignoring the differences in the different...
In our article Powers of Attorney for “Regular” People (link to the other article Luke wrote) Luke Palmer & Rohani Bixler identify what a Power of Attorney is and why you need one. The purpose of this document is all...
While there are plenty of reasons to have Powers of Attorney in place regardless of your specific circumstances, in circumstances where you have effective control and management of entities such as companies, self-managed superannuation funds and trusts, it is important...
Chances are you’ve heard of Powers of Attorney, and you might be broadly familiar with the concept, but do you have a Power of Attorney yourself? You may not think you need one, but like many legal documents, Powers of...
Buying your first property is one of life’s most significant milestones but can be stressful and overwhelming, especially if you are unfamiliar with the process. As a new home purchaser, you may have questions such as ‘what happens first’ and...
When you consider purchasing a property off-the-plan land to build, more than often you are purchasing into an estate. Below are some of things you may consider when purchasing vacant land to build. Timeframe of the land titling / titled...
In an increasingly global economy, the economic ties between Australia and the US are ever growing. There are an estimated 130,000 working age Americans living in Australia, and only a slightly lower number of Australians working in the US (primarily...
Melbourne is now the most locked down city in the world and is currently enduring lockdown 6.0. It has become increasingly difficult to predict the governments’ responses to the pandemic and restrictions that are ever evolving and changing. For vendors...
Despite the Melbourne lockdown and the restrictions on private inspections and in-person appointments with sales consultants, generally pre-sales of off-the-plan properties continued to be strong and have not been greatly impacted for property developers. This is because information such as...
This year’s Tax Institute’s conference was themed around Death & Taxes. While death is unavoidable (although interestingly, Australian statistics indicate the death rate for 2020 is actually lower than it was in either 2018 or 2019), there are certainly things...
It’s common for couples to get together in circumstances where one or both may have children from previous relationships, forming a ‘blended family’. This can lead to difficulties for estate planning, as there is likely to be some disagreement when...
Depending on the structure of your business, business decisions are ordinarily governed by your company’s constitution, owner agreements such as a shareholders agreement, unitholders agreement or partnership agreement and, where relevant, statute and common corporations law. Where your business is...
Company directors and shareholders are regularly required to vote on important matters of business that the company owns and operates. Issues can arise, however, if a matter is put to vote, there is a deadlock and there is no agreed...
On 24 August 2021, the Commercial Tenancy Relief Scheme Regulations 2021 (“the Regulations”) were released. These Regulations are different from the 2020 Regulations and are complex. We aim to break down some of the key provisions in this blog. When...
It is important that you review and understand the terms of a Lease. You should not sign a Lease that you do not understand. Some common terms that you should understand, are as follows: The rental amount, when it is...
The Building Regulations 2018 require landlords of certain types of commercial premises to have Essential Safety Measures installed and maintained in their premises. Landlords of retail leases were previously prevented from recovering these costs from the tenant. However, in September...
In “Starting a Startup? For Entrepreneurs and their Advisers“, we discuss a number of tips for embarking on the adventure of starting a new business. An exciting time for those involved however, common views of the “boring” or perceived “expensive...
Startups are not for the fainthearted. It takes talent, ambition and persistence to add value and to be successful, whilst navigating the legal and compliance which often threaten to suppress the innovation. Some quick tips below for advisers of startups...
Under the Victorian Radiation Act 2005 (Vic), a person or entity that conducts a radiation practice must hold a valid radiation management licence. From 6 September 2021, those parties must now also submit a Radiation Management Plan to the Department...
As a Wills & Estates lawyer in my early 30s, I often get asked “but surely I am too young to need a Will?” This perception seems to be based on two things; firstly, the idea that they “don’t have...
When you have your car serviced, while you may think you know what’s wrong or may even have a go at trying to fix it yourself, let’s face it: professionals, like mechanics, study so that they can diagnose and fix...
What is conveyancing? Conveyancing is the legal process of transferring property from one owner to another. What is the difference between a lawyer and a conveyancer? A Lawyer is a person who is trained to advise clients on their legal...
The building inspection report is a written account of the condition of a property, by a registered building practitioner. It should identify any significant building defects or problems. If there are significant defects or problems identified in the report, you...
Lenders, Borrowers and their Advisers, take note! (PART 2) When we first published an article on this matter it had been decided by the Court of Appeal that there was no unconscionable conduct on the part of Jams 2 Pty...
When parties enter into a contract, the parties often agree to ‘act in good faith’. But what does this mean? Below is a short summary of the position of ‘good faith’ in contracts in Australia. What businesses need to know...
When a landlord and a tenant enter into a lease of a retail premises (“Retail Lease“), the Retail Lease usually contains provisions that allow the tenant to assign the Retail Lease to a third party. Assignments often occur when a...
1. Rent relief request during initial “relevant period” valid to the extensions This case involved an assessment of rent relief under the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020(the Regulations). The key question was whether the request...
In the 2020-21 Budget, from 1 July 2021 the Victorian Government has announced that a $500 million Victorian HomeBuyer Fund, will operate as a new shared equity scheme. It will be an expansion on the HomesVic Shared Equity Initiative. To...
The Owners Corporations and Other Acts Amendment Act 2021 (‘the Act’) will take effect from 1 December 2021. The resulting amendments will significantly impact the organisation and operation of Owners Corporations (‘OC’) moving forward. A new tiered system will be...
There is a fear that a wave of claims could be pursued in Victorian courts as a result of the disruption to building, construction and development sites during Melbourne’s COVID-19 lockdowns. As a result of both restrictions and lockdowns imposed...
In Melbourne, there are the exclusive neighbourhoods of Elsternwick, Hawthorn, South Yarra and Toorak, to name a few, where the median house price is above $2 million. Where a property is acquired from 1 July 2021, those buyers will be...
When it comes to firsts in Australia, the state of South Australia is a pioneer as delegate, US Consul General Michael Klein reminded us, during this year’s AmCham Trade Mission held in Adelaide 28 & 29 April. This pioneer spirit...
Chances are you’ve heard about cryptocurrency; you might even own some already. Or perhaps you’re wondering what all the fuss is about and considering purchasing some yourself as an investment. Plenty of people will offer you advice on what to...
For those of us who lived through the ’80s (showing my age here), you may remember the big debates over the deregulation of marketing to children. Marketing started to target younger markets, as children were an advertising ‘goldmine’. Fast forward...
The Australian Taxation Office (‘ATO’) is set to release and implement new guidelines from 1 July 2021 which will set out how the ATO proposes to apply compliance resources in examining the way profits by professional services firms are allocated...
1. Offer to lease Ordinarily during pre-contractual negotiations, you may be presented with an “Offer to lease”, a “Terms sheet”, “Letter of offer” or “Heads of Agreement”. These are just some of the terms used that essentially refer to the...
A recent decision of the New South Wales Court of Appeal serves as a strong reminder to employers of the importance in both drafting and maintaining copies of their employees’ contracts of employment. In Agha v Devine Real Estate Concord...
What is Goods and Services Tax (GST) Withholding? GST Withholding can impact both Purchasers and Vendors, and it is important for all parties involved in a sale and purchase of land to understand their obligations. Since 1 July 2018, Purchasers...
Current duty exemptions, concessions and waivers for residential land If you are thinking of purchasing a residential property in Victoria, you may be eligible for certain stamp duty exemptions, concessions or waivers depending on your personal circumstances, including: First home...
What is a Notice of Acquisition (“NOA”)? The NOA is simply a document that tells authorities of any changes in ownership of land that has been purchased or transferred. What does it do? It lets the relevant authorities (e.g. Council,...
Your clients or customers regularly identify or associate your business with its branding, including its business name, logo or slogan. Therefore, whether you are starting a new business or running an established business, it is important that you protect your...
In a previous update on the Victorian Courts and Tribunals, we considered how disputes will continue to be managed and determined this year as State Government restrictions begin to ease in response to the COVID-19 pandemic. Generally, the Victorian Courts...
The objective of a new Director Identification Number (“DIN”) for company directors is to assist with identifying company conduct that involves dummy directors and phoenix transactions. Recently, the Treasury Laws Amendment Act 2020 (“the Act”) was passed with the aim...
Leases can have significant implications on your business from both an operational and financial perspective. Accordingly, we have considered key issues that tenant’s should contemplate before they sign their lease agreement. 1. Applicability of the retail leasing legislation Commercial leases...
As we get older, issues that may affect our capacity to make our own financial and personal decisions, such as a diagnosis of an intellectual disability like dementia, become increasingly common. It is safest to plan for such possibilities and...
Without an Enduring Power of Attorney, there can be a number of financial and legal implications as a result of the loss of capacity of a partner. Whether suffering personally or watching on as a family member or friend suffers,...
Although there are many ways people may lose decision making capacity, dementia is the most common – being the second leading cause of death of Australians. In 2021, there are an estimated 472,000 Australians living with dementia – around 1...
What is a Heads of Agreement? A ‘Heads of Agreement’ is a document that is commonly used in pre-contractual negotiations that provides a framework of the proposed terms of an agreement between the parties. It may be used, for example,...
Case Summary – Verraty Pty Ltd v Richmond Football Club Ltd [2020] VSCA 267 The case concerns an appeal from a decision made by Justice Croft in the Victorian Supreme Court The proceeding was heard before 3 Judicial Associates of...
Idameneo Pty Ltd (Idameneo) (otherwise known as Primary Health Care), a major medical centre operator has been found to have underpaid its employees in the amount of more than $15 million. Further, in late 2018, Idameneo’s parent company, Healius Limited,...
In February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Phoenixing Act) was passed by Parliament which introduces amendments to the Corporations Act 2001 (Cth). The Phoenixing Act is aimed at assisting regulators and liquidators to combat...
The State Government has elected to extend COVID-19 rent relief provisions for eligible commercial tenants to 28 March 2021. This sparks welcome relief for tenants that continue to suffer adverse effects of the COVID-19 pandemic on their business but has...
The Australian Federal Government has now enacted the Foreign Investment Reform (Protecting Australia’s National Security) Act 2020 (Act), Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 and the Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (together, the Regulations)...
In an effort to counteract the negative effect on the economy caused by the Coronavirus pandemic, the Victorian Government has announced a number of new measures to encourage prospective purchasers to buy property, stimulate the market and drive the economy....
If you are considering purchasing property for the purposes of development and you intend to nominate a purchaser after execution of the Contract of Sale, it is crucial that you make the nomination prior to conducting any ‘land development’. Regularly,...
As we approach a new year of new estate disputes emerging from the Court, it is interesting to observe the tendency for ‘trends’ in case law. Looking back on estate challenges in 2020, it could be described as ‘The Year...
As the New Year commences, it is a great opportunity to take stock of your affairs and make sure important tasks are complete. If not already on your list – add “Check Death Benefit Nomination” for your superannuation. For many...
What is the PPSR? The Personal Property Securities Register (“PPSR“) is the official government database of registered security interests over personal property in Australia. The PPSR is most commonly used by a party to: 1. Register a security interest to...
As the end of 2020 brought with it an easing of the State Government’s restrictions in response to the COVID-19 pandemic, Victorian Courts and Tribunals started to plan for their 2021 year. So, what will this look like and how...
In the recent case of Henclo Investments Pty Ltd v. MSB Capital Holdings Pty Ltd [2020] VSC 775, a wind up application was refused by the Supreme Court of Victoria on 25 November 2020 on the basis that an outstanding...
Retirement village contracts are notoriously complex and are governed by different legislation and regulations, depending on the structure. We have put together our top six factors you should consider when looking to reside in a retirement village. 1. Review the...
In December 2019, the Victorian government introduced new laws that require private swimming pools and spas to be registered with local councils. Why have the regulations changed? Since the year 2000, the coroner has found that in over 74% of...
No longer is the liability for a third party professional confined to losses flowing directly from their contractual relationship or dealings with a head contractor. So long as the developer can prove that the misrepresentation was causative of the loss...
Acquiring and developing land into a medical or healthcare practice Are you considering acquiring a new property with the intention to build or substantially renovate a medical or healthcare practice? Or, do you already own a property that you intend...
Due to the threat of COVID-19, in 2020, Australia has seen a rapid growth in the provision of telehealth services in the health care industry. What is telehealth? The Royal Australian College of General Practitioners defines telehealth as “a method...
Written By George Hanger The Federal Government has recently announced changes to how the Australian Consumer Law defines a ‘consumers’ in the legislation. Critically, this means that far more goods sold in Australia must now comply with this consumer protection...
In our role as VCAT appointed Administrators, we often deal with complex legal issues affecting a Represented Person. This can include complex estate matters, issues of severance of property or Family Law matters. However, earlier in the year our role...
Special Disability Trusts were established in 2006, primarily for the purpose of privately funding a person’s care and accommodation without impacting their eligibility for a Disability Support Pension. Various changes were made to these trusts between 2008 and 2011, but...
Thinking about your Will may seem hard enough for most of us, but for people who have a child with a disability or other vulnerability, it can be completely overwhelming. Who will make sure they are not taken advantage of? ...
Amendments to the Retail Leases Act 2003 (Vic) – What does this mean for Landlords? On 22 September 2020, The Retail Leases Amendment Act 2019 (Vic) (“Amendment Act”) received Royal Assent. The Amendment Act introduces amendments to the Retail Leases...
It is not uncommon for people to make Wills providing unequal distributions between adult children. There are many different reasons for doing so, but in most cases there is concern about whether an adult child who has been excluded from...
In the course of estate planning, it is not uncommon for people to have family circumstances giving rise to a desire to gift assets unequally between adult children. This may be due to an estrangement, or because one child has...
The 2020-21 Federal Budget was recently announced by the Morrison Government which predicted a $213.7 billion deficit. Treasurer, Josh Frydenberg, described the deficit to be a “monumental task” for Australia. Importantly, the medical and health sector related budget items announced...
Recent High Court Decision The High Court recently supported the judgment delivered in Commissioner of State Revenue v The Optical Superstore Pty Ltd [2019] VSCA 197 under which payroll tax was applied by the Victorian State Revenue Office (“SRO”) on...
In response to the COVID-19 crisis, the Australian Government (“the Government“) introduced the Coronavirus Economic Support Package Omnibus Act 2020 (Cth) back on 24 March 2020 which provides, amongst other things, for the temporary relief to both individuals and businesses...
In times of uncertainty, a well-known habit to promote wellbeing is to focus our attention on the things we can control, rather than what is happening around us that we cannot. To quote from Steve Maraboli (behavioural scientist and public...
Following issues raised by the business in Victoria, Premier Daniel Andrews recently announced a relief package with an aim to improve the State’s economy during the prolonged COVID-19 “lockdown”. Under the package, Victorian businesses will be able to access a...
The State Government has recently announced a once-off grant known as the ‘Homebuilder Grant’. The Grant is for 25K and is available for owner-occupiers of new homes and substantial renovations to existing homes. We have set out the eligibility requirements...
The Sale of Land Amendment Act 2019 (the Act) is in effect from 1 March 2020. Vendors and agents cannot knowingly conceal from a prospective buyer any ‘material facts’ about a property when selling land. The Sale of Land Act...
So many families of people with disabilities live with the ongoing and overwhelming worry of what will happen to their loved ones when they are no longer able to provide care and advocacy. “What will happen to them when I...
What is yours is mine – What are the applicable legal principles relating to adverse possession and boundary disputes What is Adverse Possession? Adverse possession is a legal principle that enables the occupier of a piece of land to obtain...
What is elder abuse? The World Health Organization (WHO) defines elder abuse as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to...
Victorians are currently facing significant restrictions which can make the traditional method of signing Wills and Powers of Attorney extremely difficult. Usually, a will needs to be signed by the testator in the presence of two independent adults (who are...
The Business Support Fund has been established to provide grants to small businesses in Victoria that have been impacted by the restrictions imposed by the Victorian Government as a result of the coronavirus (COVID-19). How much is the grant? On...
VCAT Administration Q & A Session When it comes to VCAT Administration there are many questions we are asked so we ran an internal Q&A session to uncover some relevant elements to share. What Is VCAT? VCAT is the acronym...
1. What is an off-the-plan Contract? Where you sign an ‘off-the-plan Contract’, you are purchasing a property that does not yet exist. You may be entering into a contract to acquire vacant land or, to purchase an apartment, townhouse or...
An Advanced Care Directive (“ACD”) is a legally binding document that helps an individual express his or her wishes about future medical treatments under the Medical Treatment Planning and Decisions Act 2016. It is important to note that an ACD...
Burke & Associates lawyers has a long history of being appointed by VCAT as Administrators to assist with the financial and / or personal affairs of persons suffering a disability or incapacity. Whether suffering personally or watching a family member...
Benefits of entering into a Deed of Variation of Lease Certainty: Creates more certainty for the parties, for example making it clear that mandatory obligations contained in the Regulations form part of the Lease and the Lease is so varied...
In our earlier update, we reported on the collaborative work of industry representative bodies, the establishment by the Victorian government of the Building Victoria’s Recovery Taskforce (Taskforce) and the introduction of temporary legislative measures to allow the continuation of planning...
What is the Security of Payment Act 2002 (VIC) (“SOPA”)? Cash flow is an important consideration for any business but particularly so, for businesses in an industry heavily reliant on one another down the contracting chain. SOPA is a legislative...
Our clients often assume that a ‘subject to finance’ clause is a standard matter whereby if the purchaser’s finance falls through, the purchaser can end the Contract of Sale. Unfortunately, it is not always as clear cut as this and...
The ACCC has revealed that Australians lose millions of dollars yearly to identity fraud. As a preventative measure, the Victorian State Government introduced the requirement that legal practitioners take reasonable steps to verify the identity of their clients in certain...
Scope of Section 1782 In the case of Intel Corp. v. Advanced Micro Devices, Inc. (“Intel”) the US Supreme Court clarified the scope of the US’ § 1782 such that there are no implied limitations regarding the Court’s power under...
The Victorian government was quick to pass new regulations following the introduction of the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) on 24 April 2020 (Act). The detail of the new leasing requirements is contained in the COVID-19 Omnibus (Emergency...
The international dispute landscape has undergone significant change in the past year. Being an integral part of the global economy, it is important for Australian business to consider these changes carefully in moving forward. In this article, we take a...
A Will is more than a simple document recording your last wishes. It is important that the Will is amended from time to time and kept up to date. We suggest that you consider making a new will in case...
Measures to address the implications of the COVID-19 pandemic (COVID-19) have been constantly evolving with government initiatives and legislative changes designed to assist the areas of planning and development and associated industries. In our earlier blog “COVID-19 Planning Law and...
The Victorian government passed the COVID-19 Omnibus (Emergency Measures) Bill 2020 (Act), on Thursday 23 April 2020, which includes measures addressing a number of industries and legislative schemes, including commercial tenancies. As noted in our earlier blog ‘COVID-19 Moratorium on...
Planning and Property Development Have you considered acquiring a property with a view to operating a medical or healthcare practice? If you are acquiring a property or intend leasing a premises with a view to operating a medical practice, there...
Planning practice notes were released in December 2019 by the Department of Environment Land Water and Planning (DELWP) to guide Councils on how to plan for population growth and use the residential zones to implement strategic work. These practice notes...
International and domestic governments are currently implementing a range of economic measures in an effort to mitigate the effects of COVID-19. There is no doubt that this virus has had, and will continue to have, an adverse impact on global...
The effects of the pandemic COVID – 19 are being felt across all sectors and residential as well as commercial tenancies are no exception to that. In a media statement yesterday, the Prime Minister announced that the National Cabinet agreed...
The recent decision of the Victorian Civil and Administrative Tribunal (VCAT) in Axicom Pty Ltd v Melton City Council (Red Dot) [2020] VCAT 190 (Axicom) provides helpful statements regarding factors to be considered in deciding whether proceedings lack planning merit...
Burke & Associates Lawyers remain open providing legal services in planning and property development law. We are keeping up to date with the implications of COVID-19 for our clients affected by legal planning and property issues. We have adapted our...
The business structure of any small or medium enterprise (“SMEs”) plays a critical role in successful succession planning. To the extent possible, the correct business structure should be chosen at the outset, taking into consideration factors such as: implementation and...
What is Coronavirus? It is alleged that Coronavirus was first reported in the Chinese city of Wuhan in December 2019 and was declared as a public health emergency of international concern by the World Health Organisation on 30 January 2020....
Facts In the recent decision in Namrood v Ebedeh-Ahvazi [2017] NSWCA 310, Mr Ebedeh-Ahvazi (Vendor) undertook earth works on a vacant lot he owned in Sydney. Council took issue and issued various notices requiring the Vendor to cease work and...
Medical technology (medical devices) consists mainly of instruments, articles, apparatus and machines to be used in medical treatment. Medical devices are used particularly in the prevention, diagnosis and treatment of illness and disease as well as for identifying, assessing, restoring,...
With rapidly increasing contract disputes, international arbitration is an effective resolution strategy in the life sciences sector. Identifying and carefully navigating the legal minefields early is key for professionals and businesses in life sciences when faced with such complex commercial...
The Victorian State Revenue Office (SRO) has introduced new provisions broadening the scope of which trusts are considered foreign. This could have serious implications if you are considering acquiring property in Victoria after 1 March 2020 through a discretionary trust. What is...
Melbourne Pathology has commenced uploading pathology results to the ‘My Health Record’ system. The process was recently established by Sullivan Nicolaides Pathology, a subsidiary of Sonic Healthcare. By using this new method of patient record collection, general practitioners can electronically...
Are you considering acquiring a new property with the intention to build a medical or healthcare practice? Taking the first step to develop a medical or allied health practice can be a daunting process. Where do you start? The first...
In Australia, termination of a contract can be carried out in the following ways: by performance of the parties’ obligations under the contract; by an agreement between the parties that they no longer wish to continue with the contract and...
The Victorian Government recently announced that property owners affected by the bushfires may be entitled to tax reliefs. If your property was destroyed or substantially damaged, no land tax will be payable for the 2020 assessment year. If your property...
HealthAide, a new Melbourne-based health technology firm, is developing a free online resource and tailored email newsletters to provide patients with reliable information on healthcare and health technology. Physiotherapist Barry Nguyen and GP Dr Khurram Akhter (who set up HealthAide...
The start of the bushfire season has devastated our country and pushed our resources, volunteers, communities and emergency services to the limit. Many hospitals and healthcare practices have been relocated and Australian Medical Assistance Team (AUSMAT) specialists have been deployed...
As Victoria leads in its implementation of voluntary assisted dying (“VAD”) laws, there is considerable political activity and interest in other Australian jurisdictions following suit. With Western Australia currently debating VAD legislation in the Upper House, whether this translates into...
Yesterday, our Wills & Estates Associate, Rosy Roberts attended the Aged Care and Elder Law Conference held by the Leo Cussen Institute and presented a paper on CCTV and Aged Care – Recording & Privacy Issues. Please find attached copy of our CCTV...
International arbitration is an approach to cross-border transactions requiring the use of alternative dispute resolution in the interests of avoiding litigation in court. An arbitration is a legally effective adjudication of a dispute otherwise than by the ordinary procedure of...
The United Nations Convention on International Settlement Agreements Resulting from Mediation – also known as the Singapore Convention on Mediation (“the Singapore Convention”) was held in Singapore on 7 August 2019. To date, 46 countries are signatories to the Singapore Convention...
In almost every legal proceeding, it is mandatory that the parties adhere to important rules regarding evidentiary standards. This principle applies to both Australian and United States jurisdictions. In this article, we discuss the types of evidence and rules relevant...
To be the best clinician you can be, it is critical that you have the business aspects of providing healthcare in order. In the ever-changing and competitive Australian medical and allied health market, how does your “practice fitness” fare? Take...
On 3 October 2019, Treasury released an exposure draft on proposed changes to the taxation of testamentary trusts. This follows on from the 2018-19 Federal Government budget announcement concerning such changes and the taxation of income distributed to minors through...
Have you ever found yourself in a contract and wondered how you got there? Felt like the agreement was unfair and you didn’t have any power in the situation? Australian Consumer Law regulates unfair contract terms. Recently, the ACCC enforced...
United States power in proceedings all over the world? Section 1782 of the United States Code allows an interested person in a non-US proceeding to request discovery of evidence from a US-based entity for use in a foreign legal proceeding....
Risk Checkers for Preventable Diseases A large component of the Australian population falls prey to various common (preventable) diseases which mainly occur as a result of poor lifestyle, obesity and lack of physical exercise. In the interests of that prevention,...
In recent years the acronym PEXA has become synonymous with conveyancing and property dealings, but what is it and what does it mean for you? PEXA stands for Property Exchange Australia and was originally formed in 2010 by the Council...
A recent decision in the Federal Court considers judicial discretion to order the winding up of a company in a situation where it is the only course of relief for an unfairly treated director. The case of Miao v I...
Digital platforms such as Health Engine are currently being strictly scrutinised for security breaches and other privacy violations by the Australian Competition and Consumer Commission (“ACCC”). The ACCC has instituted legal action against health IT firm Health Engine on two grounds...
A party to a legal proceeding outside the United States is now entitled to apply to a US court for the purpose of obtaining evidence to be used in that non-US proceeding. This encompasses both arbitration and court proceedings. Until...
There are various protections afforded to tenants when it comes to rentals. The Residential Tenancies Act provides, amongst other things, that a rented premise must be ‘maintained in good repair’. Mould can cause significant health issues and may even make...
A recent VCAT decision demonstrates the importance of a Landlord complying with its obligations pursuant to a commercial lease and the Retail Leases Act 2003 (Vic). The Facts: Tenant rents retail premises in Melbourne for use as pilates and barre...
Are you a business supplying goods and / or services to consumers? Effective as of Sunday 9 June 2019, new mandatory wording to be included in consumer contracts will come into effect. These new requirements aim to: Protect the consumer...
Dealing with the loss of a loved one is a difficult and emotional experience. It can be so much worse if you then discover you have been left out of their Will or excluded from provision in their Estate.You may...
Often health practitioners are called upon to provide a formal assessment of a patient’s capacity. This might be to determine whether or not a person has the requisite decision-making capacity to enter into legal documents such as Wills and Powers...
How can Landlords and Tenants Avoid ‘Make Good’ Disputes? Most leases contain what is known as a ‘make good’ clause which will specify what a tenant is obligated to do to the premises at the expiration of the lease or...
Limitations of Pre-Purchase Inspection Report A recent VCAT decision[1] highlights the significant limitations and implications of purchasing a property based on the findings of a pre-purchase inspection report. The Facts 1. The property was a 100-year-old timber house; 2. Prior...
On 1 February 2019, the Victorian Government enacted changes to the Owners Corporations Act 2006 by regulating short-stay letting arrangements. The amendments are only concerned with regulating short-stay arrangements that are leases or licenses for up to seven days and six...
The Australian Government’s flagship initiative, the Entrepreneurs’ Programme provides assistance to businesses to launch innovative products, processes and services into domestic and international markets through four elements: Commercialisation of novel products, services and processes; Business management by providing access to...
You have agreed to act as an Attorney pursuant to an Enduring Power of Attorney? What does this mean? Our response to some “frequently asked questions” gives some insight into your role: 1. How was I appointed? When does my...
Meghan Warren of Burke & Associates Lawyers recently attended the AICD’s Essential Director Update at the Melbourne Convention Centre. The essential update, led by Graham Bradley and Angus Armour, focused on directors’ key duties and responsibilities, key developments in focus,...
Reforms to the Sale of Land Act 1962 may result in sunset clauses in off-the-plan Contracts of Sale being unable to be invoked without a purchaser’s consent or Court order. What is a Sunset Date? The ‘Sunset Date’ is a...
Combustible cladding in apartment buildings has caused significant damage globally. In 2017, 72 people died in the Grenfell Tower tragedy in London sparking a global concern regarding the use of combustible cladding. The Building Amendment (Registration of Building Trades and...
The volume of work for Australian lawyers is likely to increase due to a recent memorandum of understanding (MoU) signed between the Australian Bar Association (ABA) and Chartered Institute of Arbitrators Australia (CIArb). The initiative looks to give shape to...
Changes to the Duties Act 2000 – Exemption from the foreign purchaser additional 7% stamp duty effective 1 July 2018 In 2015, the State Revenue Office introduced additional stamp duty of 3% which increased to 7% on 1 July 2017...
In summary From 1 July 2018, a party to a contract will no longer have an automatic right to terminate that contract if the other party suffers an insolvency event (“Reforms”). An “insolvency event” may include voluntary administration (that is,...
The classic Hollywood one-liner you will all be familiar with is, “we do not negotiate with terrorists!”. Unfortunately, the reality of that statement means that you have to negotiate with everyone else! In day to day business, negotiation is unavoidable...
In an article published by the Law Institute of Victoria today, the Victorian Small Business Commissioner, Judy O’Connell discusses IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd (in which we represented the successful tenant) and its consequences...
Under the Federal Government’s Entrepreneurs’ Program, eligible businesses can gain access to a business evaluation action plan written by an independent and skilled business advisor. The action plans are tailored to a business’ specific needs and informs business leaders about...
Illegal phoenix activity is defined as a step to establish a brand new company to continue operations of an already existing organisation purposely dissolved in order to avoid payment of that organisation’s debts (including taxes, credits and employee benefits). This...
Australian businesses are subject to stringent obligations of compliance under the Privacy Act 1988 (Cth) (‘the Act’). From 23 February of this year, all Australian businesses have a statutory obligation to report any data breach involving personal information to the...
When purchasing a property that forms part of a lot in either a proposed plan of subdivision (off-the-plan) or registered plan of subdivision, it is important to ask yourself ‘what am I actually buying? The boundaries of a property are...
The Vacant Residential Property Tax is the first of its kind in Australia and commences on 1 January 2018. It is intended to encourage owners to make their property available for rent or purchase. It is in addition to the...
On 15 December 2017 the High Court of Australia dismissed a landlord’s appeal against a decision in favour of our tenant client in the Court of Appeal in a leading case about retail leasing. Essentially we encouraged our tenant of...
Burke & Associates Lawyers completes a paperless transaction – Electronic Contracts through to Electronic Settlements Burke & Associates Lawyers pride itself in being on the cutting edge with technology and have embraced the technology to digitally exchange Contracts of Sale...
In the very recent decision of JP Property Services Pty Limited v Commissioner of State Revenue, the Court found that contracts entered into for the performance of incidental services to a business do not attract the employee agency payroll rules,...
Corporates are subject to increasing risk of being exposed to or otherwise dragged into unnecessary litigation in maintaining the same websites and sharing the same social media points with subsidiary companies based in foreign locations. Technically, these foreign located corporations...
We are pleased to announce that the Burke & Associates Lawyers’ property team also has a keen interest in keeping up to date with new and innovative ways to assist in the sale process of off the plan properties, keep...
When buying a business, it is critical to consider how to protect the worth of your investment. If the previous owner establishes the same business next door then the price you paid for any goodwill in the business is likely...
The Supreme Court of Victoria again recently considered the issue of whether a post-employment contractual restraint of trade is enforceable. It was held that such restraint of trade provisions will only be justified if they are reasonably necessary to protect an employer’s legitimate...
It is common practice to include dispute resolution terms in commercial agreements. Such terms provide parties with a road map to follow in the event a dispute arises under the agreement. In a decision of the Supreme Court of Queensland...
The Federal Government has recently announced that it will be targeting property developers to strengthen compliance with the GST law in a radical move to see purchasers remitting GST to the Australian Taxation Office (ATO) as part of the settlement...
Whilst a lease and a licence may appear to be very similar, there are several key and critical differences from a legal perspective. A lease allows for a proprietary interest in land and a tenant is accordingly entitled to exclusive...
In recent days a commercial tenant client was successful in an appeal to the Supreme Court of Victoria against a decision made by a Senior Member in the Retail Leases List at VCAT. On behalf of our client, the tenant...
