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.
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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, 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...
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...
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...
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...
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...
