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.
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? ...
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 Act 2003 (Vic) and the Building Act 1993 (Vic) (“Building Act”) and, as a result,...
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...
We are delighted to share that Meghan Warren has been nominated for a position on the Law Institute of Victoria’s (LIV) Council. Vote 1 here for Meghan Warren for LIV Council Vote Here Voting closes Wednesday 11 November, 5pm Continuing...
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...
Burke Feature Article in LIJ! We are pleased to announce that the Law Institute of Victoria’s October feature article, Flattening the Curve: Why the Law Should Allow for Compulsory Testing in a Pandemic, is co-written by Bill O’Shea AM, Stephen...
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...
It is with immense sadness that we inform you of the unexpected and tragic death of Annabel Viner, special counsel at Burke & Associates Lawyers. Annabel practised as an environment and planning lawyer for over 25 years. ...
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 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 an...
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...
Emma Dickens from our VCAT Administration Team is joined by Burke and Associates Principal, Rosy Roberts and Consultant, Tony Burke to discuss what VCAT Administration is, and the role lawyers play in the process.
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...
We are pleased and excited to announce that Rosy Roberts has been appointed as a director of Burke & Associates Lawyers, joining current directors Meghan Warren and Kristy Muhlhan. Rosy first started at the firm back in 2014 and was...
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...
Our firm 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. Consultant to the firm, Anthony Burke and Principal, Rosy Roberts...
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...
Tony Burke is joined by Burke and Associates Director, Meghan Warren to discuss the impacts COVID-19 is having on Mediation, and the methods Mediators are using to adapt during this period.
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...
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:...
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. Consideration of a new Will We suggest that you consider making...
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...
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...
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...
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 (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. Land tax If your property was destroyed or substantially damaged, no land tax will be payable for the 2020 assessment year. If...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
Business Law Specialist Tony Burke and Lawyer Rosy Roberts of our office appeared today in the Court of Appeal in Melbourne where an appeal by a Landlord against a decision of Supreme Court Justice Croft regarding the meaning of the...
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...
Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium When you have been a small business lawyer for decades, when you have run your own small business for decades, when you have helped resolve literally hundreds...
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...
