ArticleCoronavirus and the law: Temporary changes to the Foreign Investment Review Board (FIRB)Temporary changes to the foreign investment review framework will remain for the duration of the Coronavirus pandemic.AustraliaGovernment, Public SectorMadgwicks
ArticleA minor typo with major consequences for a statutory demandUsing an incorrectly spelt address when attempting to deliver a statutory demand proved to be a very expensive lesson.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleFreezing orders – a strategic move by a plaintiffPlaintiffs may need a court order that a defendant cannot deal with specific assets up to the amount claimed by him.AustraliaLitigation, Mediation & ArbitrationMadgwicks
ArticleA changing landscape: how the proposed new stamp duty regime could affect Victorian property developersProperty developers should reconsider business strategies with changes to affect off-the-plan investment properties.AustraliaReal Estate and ConstructionMadgwicks
ArticleProperty buyer beware: an expensive lesson in cooling off!Giving notice to the real estate agent to terminate their contract, during the cooling off period, was not sufficient.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer and Retail Leases Update – Can you make a lease a retail lease?Whether or not a lease is a retail lease is a matter of law and parties cannot make a lease retail simply by agreement.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer and Retail Leases Update – Farm leases excluded from the Retail Leases Act in VictoriaIf the lease is for agricultural land, it is important that the use is drafted appropriately so the Act does not apply.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer and retail update – another valuation set asideRecent decision highlights that a valuer must be very careful in reviewing the market rent review clause in a lease.AustraliaReal Estate and ConstructionMadgwicks
ArticleWho pays what? – The issue of ‘lot liabilities'A decision in a recent Supreme Court case has significant implications for Owners Corporations and property developers.AustraliaReal Estate and ConstructionMadgwicks
ArticleUnyielding tax obligations: Understanding tax debt write-offsWhen is a tax debt written off? When is it "uneconomical to pursue"? Who is at risk of historical tax debts?AustraliaTaxMadgwicks
ArticleE-Alert: Geothermal ActivityAustralia's efforts to become the first country to commercially develop electricity production from heat mining continue to gather pace.AustraliaEnergy and Natural ResourcesMadgwicks
ArticleUnion’s right of entry revisitedOn 10 January 2011, the Full Bench of Fair Work Australia overturned an earlier decision of Commissioner Roe which had found that representatives of the Australian Meat Industry Employees’ Union (AMIEU) were entitled to meet with employees of a meat processing company that supplies meat to a major Australian supermarket (Company) in the lunch room rather than the training room under the right of entry provisions of the Fair Work Act 2009 (Act).AustraliaEmployment and HRMadgwicks
ArticleWhat else should employers know about the new casual landscape?The new statutory definition of 'casual' employment in the Fair Work Act comes with a new regime for casual employees.AustraliaEmployment and HRMadgwicks
ArticleHow Australia Post delays might impact youBe aware of Australia Post delays if you are part of a business, owners corporation or have time sensitive obligations.AustraliaCorporate/Commercial LawMadgwicks
ArticleKnow your unfair preference defences. Do not pay!Discussion of the defences that are available for voidable unfair preference payments under the Corporations Act 2001.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleFirst meeting of creditors in an administration and its importanceCreditors should be given the opportunity to remove and replace the administrators at the first meeting of creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleUnpacking Unfair Preferences series: The good faith defenceWhen a liquidator brings a claim for an unfair preference against a company, the good faith defence may be available.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleLiquidator ordered to pay costs of appeal personally without recourse from the company in liquidationThe liquidators sought the guidance of the Court and then appealed it; therefore, took the appeal at their own risk.AustraliaLitigation, Mediation & ArbitrationMadgwicks
ArticleHolding a tenant's goods for failing to pay rent an expensive mistake for landlordThe Victorian County Court recently held that a landlord cannot hold a tenant's goods until outstanding rent is paid.AustraliaReal Estate and ConstructionMadgwicks
ArticleWatch this space: changes to the Retail Leases Act (Vic) coming soonAmong other changes, landlords will be pleased to be able to recover costs of essential safety measures from tenants.AustraliaReal Estate and ConstructionMadgwicks