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Subject to Finance Clauses – What’s it all about?

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...

What is a verification of identity?

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...

Section 1782: Discovery in the US for Foreign Proceedings

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...

COVID-19 and Child Support

As countless Australians face issues with their employment status amidst the COVID-19 pandemic, parent’s ability to pay child support and financial maintenance may be affected. This financial uncertainty can be even more challenging for separated families that are subject to...

COVID-19 Commercial tenancy relief scheme – regulations governing the variation of eligible leases in Victoria

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...

Commercial Leasing Issues and the Mandatory Code During Covid-19

Changes for Landlords and Tenants Tony Burke is joined by Burke and Associates Director, Meghan Warren and Special Counsel, Annabel Viner to discuss some issues facing both landlords and tenants during the Covid-19 Pandemic. Topics covered in this discussion include:...

Expected Trends in International Disputes

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...

Amendment of Wills

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. Consideration of a new Will We suggest that you consider making...

COVID-19 Planning and Development Update – the Building Recovery Taskforce, Courts and Tribunals go Online, Funding for VCAT

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...

Will my parenting orders remain binding after COVID-19?

There is currently a lot of discussion surrounding the obligations of parents and carers under existing parenting orders, in circumstances where they have been impacted by the COVID-19 pandemic. However, even during the existing climate, parents and carers need to...

COVID-19 – Commercial Tenancies – legislative implementation of the Mandatory Code of Conduct

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...

Family Law Matters During COVID-19

Amidst the outbreak of the COVID-19 pandemic, various businesses and professions have struggled to continue with running their business and continuing day-to-day activities. During COVID-19, Burke & Associates Lawyers are taking all steps to ensure the health, safety and wellbeing of...

Planning permit considerations when converting existing premises into a medical or healthcare practice

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...

Residential Zone Guidance: Applying Residential Planning Controls in the Context of Population Growth

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...

COVID-19: Relief for Directors

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...

COVID-19 Moratorium on Evictions of Residential and Commercial Tenants and Mandatory Code of Conduct

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...

What to consider if you are thinking about separating during COVID-19

If you’ve been thinking about separating, anxiety and fear are familiar emotions.  With the current state of affairs these emotions are heightened causing our mechanism for survival to shift gears. For many, this time of isolation and increased time inside...

Red Dot Decision Axicom v Melton City Council VCAT planning decision commercial competitor planning merit and maintaining commercial advantage

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...

COVID 19 Planning Law and Property Development Implications dated 27 March 2020

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...

Business Succession & Asset Protection

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...

Estate Planning and Coronavirus

The World Health Organisation has declared Coronavirus (COVID-19) to be a pandemic with more than 334,981 confirmed cases and over 14,652 deaths around the world as at today. Victoria has reposted 355 cases of COVID-19. The world is facing an unusual medical crisis and...

The Family Law Section Guide for Separated Parents during Covid19

Given the current state of affairs additional pressures and stresses such as those associated with the Covid19 Pandemic are currently being faced by Australian families. The Family Law Section of the Law Council of Australia has compiled suggestions to help separated...

Providing You With Continued Excellence in Advice and Service: COVID-19

As measures to contain Coronavirus (COVID-19) increase, it is important to us that we provide you with some further information about what we are doing, here at Burke & Associates Lawyers, to ensure our services are maintained effectively, consistently and...

Coronavirus & Your Business: Valuable Tips for Business Owners

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....

Medical Technology in the US

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,...

International Arbitration: A Way Forward For Patent Contract Dispute Resolution

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...

5 Things you need to know about the New Foreign Purchaser Stamp Duty Provisions

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’s use of ‘My Health Record’ to store patient test results

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...

Acquiring and developing land into a medical or healthcare practice

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...

Australian Contract Termination

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...

Tax relief for property owners affected by Victorian bushfires

The Victorian Government recently announced that property owners affected by the bushfires may be entitled to tax reliefs. Land tax If your property was destroyed or substantially damaged, no land tax will be payable for the 2020 assessment year. If...

When Family Law and Criminal Law Collide

An Intervention Order is a Court Order which is made by a Magistrate in the Magistrates Court of Victoria against a person known as the Respondent who has committed family violence against a family member. An Intervention Order can be...

Melbourne based start-up to personalise health information for patients

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...

Australian Association of Practice Management (AAPM) is providing assistance to bushfire affected healthcare practices

The start of the bushfire season has devastated our country and pushed our resources, volunteers, communities and emergency services to the limit.

Australian Association of Practice Management (AAPM) is providing assistance to bushfire affected healthcare practices

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...

Patient-centred End-of-Life Care: Victoria Leads Legalisation of Voluntary Assisted Dying in Australia

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...

Tips for Separating Families at Christmas

For separated families Christmas time is often an emotionally charged time of the year, troubled with practical challenges as parents try to agree on arrangements for Christmas events. Here are some tips on how best to prepare for the issues...

Financial Disclosure in Family Law

Parties involved in a family law matter have a duty to disclose to the court and to the other side certain financial information which is relevant to an issue in their case. This is called the “duty of disclosure” as...

Family Dispute Resolution and the recent Family Court of Australia case of Ellwood & Ravenhill 2019

Family Dispute Resolution, FDR for short, is a type of mediation in which a neutral and accredited practitioner assists parties to discuss issues around parenting following separation and assist them in developing a parenting plan for future parenting arrangements. The...

CCTV and Aged Care – Recording & Privacy Issues

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...

Enforcement of Foreign Arbitral Awards and the New York Convention: An International Commercial Dispute Resolution Method

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...

Meghan Warren, Principal of Burke & Associates Lawyers and Director of the Law Institute of Victoria attending the American Bar Association’s 2019 Women in Litigation Conference in Chicago

Dually qualified and admitted to practice in Australia and the US, Meghan is pleased to be attending the ABA’s Women in Litigation Conference in Chicago this week. Supporting the Law Institute of Victoria in her Council capacity and Burke & Associates Lawyers’ international...

American Bar Association – A New Dawn for Worldwide International Mediation

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...

Production of Evidence in the State of New York, USA

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...

Purchasing or Acquiring a Medical or Healthcare Practice?

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...

Proposed changes to the taxation of testamentary trusts

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...

Fair Contracts: Termination in Consumer Contracts

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...

Uncertainty: US Discovery of Evidence in International Commercial Arbitrations

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

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,...

What is PEXA?

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...

Federal Court discretion in ordering the wind up of a company – relief for unfairly treated director

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...

Grandparents rights in the Family Court

Often grandparents play a significant role in a child’s life, however sometimes find themselves in the middle of a family dispute and their role is broken up by the child’s parents. As a grandparent it is important to know your...

What is a de facto relationship?

A de facto relationship under the Family Law Act 1975 is defined as a relationship between two people who are not legally married or related by family who, having regard to all of the circumstances of their relationship, lived together on a genuine domestic...

Congratulations Rosy Roberts

We are pleased to announce that Rosy Roberts has been appointed as the Young Lawyer Representative for the Southern Solicitors Law Association. Rosy takes over this appointment from Rebecca Pugh. Burke & Associates Lawyers have a long-standing relationship with the Southern Solicitors...

Health Engine : Security of Patient Data and Reliability of Patient Reviews

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...

What is the SRO Duties Online form?

The most common of these past forms involved in the sale of land were the Goods Statement and the Purchaser Statement.Much like these old forms, the SRO use the information provided to assist in calculating duty payable. In practice, within...