ArticleValuer and retail leases update – outgoings estimate confirmedRecent case confirms that outgoings cannot be recovered from a tenant if the notice has not been given.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuer update: Do you know what to take into account when undertaking a market rent review?Valuers must strictly comply with the terms of the market rent review clause in a lease when undertaking a rent review.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuers update: Are all overseas listed companies excluded from the Retail Leases Act 2003 (Vic)?If you are conducting a market rent review for a period before 12 August 2016, the lease may not be governed by the Act.AustraliaReal Estate and ConstructionMadgwicks
ArticleInformal agreement with friend becomes a costly battleArticle warns: never sign any document that has been prepared by the other party without independent legal advice.AustraliaCorporate/Commercial LawMadgwicks
ArticleChanges to annual leaveEffective from 29 July 2016, most awards have been amended to incorporate new provisions as to annual leave.AustraliaEmployment and HRMadgwicks
ArticleUpdate on mandatory COVID-19 vaccination for staffEmployers can mandate COVID vaccinations for staff – pursuant to implied term to obey lawful & reasonable directions of employer.AustraliaEmployment and HRMadgwicks
ArticleValuer update: Supreme Court upholds CB Cold Storage decisionThe effect of this decision is that a warehouse or storage facility lease is likely to fall under the Retail Leases Act.AustraliaReal Estate and ConstructionMadgwicks
ArticleValuers update: Ministerial determination regarding overseas listed companiesOverseas listed companies, or the subsidiaries of such companies, are not covered by the Retail Leases Act 2003 (Vic).AustraliaReal Estate and ConstructionMadgwicks
ArticleLand Rich Duty to Land Holder Duty - Impact on trusts holding land in VictoriaThe requirement that land comprises at least 60% of the assets of a company or unit trust will be removed.AustraliaWealth ManagementMadgwicks
ArticleTransition period coming to an end for Commercial Building Energy Efficiency DisclosureDiscusses new obligations imposed on building owners under the Building Energy Efficiency Disclosure Act 2010.AustraliaReal Estate and ConstructionMadgwicks
ArticleUnpacking Unfair Preferences Series: Running account defenceWhen a liquidator brings a claim of unfair preference, the running account defence is another commonly used defence.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleReview of leave policies urged after changes to Paid Parental Leave ActRecent changes to employee leave entitlements make it timely for business to review leave policies to ensure compliance.AustraliaEmployment and HRMadgwicks
ArticleValuer update: Are you aware of land tax implications relating to listed public company leases?Tenants and landlords of listed public companies may have land tax considerations to consider when extending leases.AustraliaReal Estate and ConstructionMadgwicks
ArticleCoronavirus and the Law: Commercial leases and the coronavirusThe article explains force majeure - when unforeseen consequences prevent the fulfillment of obligations under a contract.AustraliaCoronavirus (COVID-19)Madgwicks
ArticleAnti-Money Laundering - Ongoing Customer Due Diligence Requirements Commencing 12 December 2008The "ongoing customer due diligence" component of the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) regime commences on 12 December 2008.AustraliaGovernment, Public SectorMadgwicks
ArticleCoronavirus and the Law: I am concerned about my customer not being able to pay meThese are some practical tips in light of the possible consequences of a customer becoming insolvent due to the pandemic.AustraliaInsolvency/Bankruptcy/Re-StructuringMadgwicks
ArticleFranchise agreement?: Rafferty v Madgwicks [2012] FCAFC 37A central issue for the Court was whether or not the trademark arrangement could be construed as a franchise agreement.AustraliaIntellectual PropertyMadgwicks
ArticleDisputes between directors and shareholders and the importance of taking proactive steps earlyStrategic opportunities to protect the business and assets or to pursue a recovery may be lost because of delay.AustraliaCorporate/Commercial LawMadgwicks
ArticleSpace travel - a tax deduction for Cirque de Soleil?This case highlights the importance of being aware of the primary purpose of the company or not-for-profit organisation.AustraliaCorporate/Commercial LawMadgwicks
ArticleDefamation case study: The case of a Not-for-profit (NFP) and defamation on social mediaThis case demonstrates that the Federal Court was willing to order damages in favour of a NFP defamed on social media.AustraliaLitigation, Mediation & ArbitrationMadgwicks