ArticleValuer update: Does a tenant need to provide turnover figures to a valuer?A tenant is not required to provide its turnover figures to a valuer, unless specifically stated in the lease agreement.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer update: Provision of services now governed by the Retail Leases Act 2003 (Vic)A lease that provides for the provision of services in Victoria could now be governed by the Retail Leases Act 2003.AustraliaReal Estate and ConstructionMadgwicks
ArticleFood labelling – get it right or face penaltiesBusinesses must provide greater transparency and the country of origin of their packaged food, or face large penalties.AustraliaFood, Drugs, Healthcare, Life SciencesMadgwicks
ArticleLand tax relief & the Commercial and Retail Leasing Code in VictoriaThese Victorian legislative amendments are relief measures for landlords and tenants in light of the COVID-19 pandemic.AustraliaCoronavirus (COVID-19)Madgwicks
ArticleMisleading and deceptive conduct in franchise disputesDespite protections afforded by the Franchising Code, disputes involving misleading and deceptive conduct still arise. AustraliaCorporate/Commercial LawMadgwicks
ArticleNot-for-profit case study – potential conflict of interest of a board memberEven the perception of impropriety or conflict of interest can cause huge problems for a not-for-profit organisation.AustraliaCorporate/Commercial LawMadgwicks
ArticleOppression of a minority shareholder – a common company disputeIf directors and majority shareholders oppress minority shareholders, minority shareholders may have a claim against them.AustraliaCorporate/Commercial LawMadgwicks
ArticleWhat are the legal obligations of not-for-profit board or committee members?You have a duty to always act in the organisation's best interests, regardless of your own or another's interests.AustraliaCorporate/Commercial LawMadgwicks
ArticleCalling all retail, hospitality, restaurant, fast food and pharmacy employers – penalty rates have been reduced!The FWC has made a significant ruling in which it reduced Sunday and public holiday penalty rates in five modern awards.AustraliaEmployment and HRMadgwicks
ArticleNew Long Service Leave Act 2018 for Victorian employersThe 2018 Act unfortunately retains much of the antiquated language and many of the antiquated concepts of the 1992 Act.AustraliaEmployment and HRMadgwicks
ArticleInsolvent trading – Know your obligationsTemporary relief on insolvent trading for directors ends on 31 December 2020, so businesses must know their obligations.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleWarning for solicitors who serve documents via links (OneDrive/Dropbox etc)Why service may be considered to be invalid. How to effectively serve via a ‘link'.AustraliaLitigation, Mediation & ArbitrationMadgwicks
ArticleLand tax relief and Commercial and Retail Leasing Code passed in VictoriaThese government measures assist landlords and tenants impacted by the coronavirus (COVID-19) to manage their leases.AustraliaReal Estate and ConstructionMadgwicks
ArticleRepudiation reminder: Terminating a lease on the basis of repudiationIf you attempt to terminate on the basis of repudiation, it could be difficult to prove that repudiation has occurred.AustraliaReal Estate and ConstructionMadgwicks
ArticleRetail Leasing Update: Attention Landlords, be sure you have the right information brochureThe VSBC has put landlords on notice that failing to provide the information brochure can lead to fines of up to $8,000.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer and Retail Leases Update: Lease or Licence?VCAT held that, by a review of the agreement, the intention of the parties was to create a licence and not a lease.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer and Retail Leases Update – Premises deemed not to be retail premisesPremises producing health supplements were not retail premises, merely because the tenant sold the products online.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer and Retail Leases Update – Quarries in Victoria now retail leasesA recent VCAT decision determined that granting a lease for a quarry was governed by the Retail Leases Act 2003 (Vic).AustraliaReal Estate and ConstructionMadgwicks
ArticleCapital gains distributed to non residents by non fixed trusts – you have got a problemRecent decisions remind the extent which CGT applies where a non fixed trust distributes capital gains to a non resident.AustraliaTaxMadgwicks
ArticleLay of the Land Property Tax Update: Till debt do us partThe wife was recently allowed to assign her tax debt of $256,078.32 plus General Interest Charge (GIC) to her husband.AustraliaTaxMadgwicks