News & Publications
An important lesson for apartment owners
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- Published on Thursday, 02 May 2013 12:25
- Written by Dominique Mavroyeni
The Owners Corporation Act 2006 (“the Act”) allows an OC to recover from lot owners the cost of works, repairs and maintenance that “wholly or substantially” benefit some lot owners over others, provided that their contributions are calculated on the basis that “whoever benefits more, pays more”.
The recent case of Mashane Pty Ltd v Owners Corporation RN328577 [2013] VCAT 118 demonstrates that in certain circumstances, lot owners may be required to contribute to the cost of works that do not necessarily benefit them directly.
Update: decision in Duic v Duic overturned
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- Published on Thursday, 02 May 2013 12:12
- Written by Steven Soldatos
In Duic v Duic [2012] NSWSC 76 the Supreme Court held that a father’s promise that his property would belong to his son was an irrevocable promise. Our summary of the trial decision for the case can be read here.
Requirement to provide blood samples to police officers
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- Published on Friday, 05 April 2013 05:29
- Written by Steven Soldatos
The Supreme Court of Victoria in DPP v Novakovic [2012] VSC 397 has upheld a decision of the Magistrate Court to acquit a person who refused to allow police to obtain a blood sample after having been suspected of drink-driving but for different reasons.
The Mental Health Act 1986 and the rights it provides involuntary patients
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- Published on Friday, 05 April 2013 05:00
- Written by Steven Soldatos
An involuntary patient is a person effectively detained and imprisoned in a psychiatric ward without their consent pursuant to an involuntary treatment order. They may be the only class of people in Victoria who have their freedom involuntarily restricted without a hearing or trial and without having broken any national or state laws.
Are you in the building and construction industry?
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- Published on Friday, 05 April 2013 03:59
- Written by Steven Soldatos
Know your rights and obligations under the Security of Payment Act
The Building and Construction Industry Security of Payment Act 2002 (‘the Act’) is an important piece of legislation that all builders and construction business owners should be aware of and understand. It can mean the difference between the quick recovery of debts and lengthy and expensive court proceedings.
When will your private life affect your job security?
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- Published on Wednesday, 03 April 2013 12:22
- Written by Dominique Mavroyeni & Magda Kron
An employer’s right to dismiss its employees for conduct engaged in outside of work hours is a contentious issue. Although it is generally accepted that an employer does not have the right to control its employees outside the workplace, there are certain circumstances where the conduct of an employee will constitute a breach of the employment contract, or offend the employment relationship to such an extent that the action will warrant termination of the employee’s employment.
Employers’ obligations to employees working from home
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- Published on Monday, 25 March 2013 22:12
- Written by Dominique Mavroyeni & Magda Kron
With the introduction of the national employment standards in 2009, an increasing number of employees are requesting flexible working arrangements, and in particular, the option of working from home or “telecommuting”. While the option of working from home has the potential to deliver benefits to both employees and employers, it can also expose employers to various legal risks that should be carefully considered by employers. However, like any working arrangement, such risks can be managed effectively, and to some extent minimized, by implementing policies and having proper protocols in place.
CCTV and Privacy: Challenges facing Owners Corporations and Strata Companies
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- Published on Sunday, 03 March 2013 00:00
- Written by Dominique Mavroyeni & Magda Kron
If you’re living in an apartment complex and sharing common property with other residents, you probably welcome the use of CCTV and surveillance systems to provide security. We saw recently the indispensable role that CCTV played in the investigation of the Jill Meagher case. Accordingly, CCTV has become an accepted means of deterring criminal behaviour, trespass and property damage. However, like many, you may also have concerns about people “watching” you, as you go about your daily business.
Rights of Owners Corporations against Builders for defective works
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- Published on Thursday, 17 January 2013 08:00
- Written by Dominique Mavroyeni & Magda Kron
Purchasers of residential property in Victoria are afforded significant protections against building defects pursuant to the statutory warranties contained in the Domestic Building Contracts Act 1995 (“the Victorian Act”). Similarly, purchasers of commercial property are often protected by the law of negligence pursuant to tort principles.
Tasmania’s same-sex marriage bill defeated by upper house
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- Published on Wednesday, 10 October 2012 08:39
- Written by Zelma Rudstein
Tasmania’s upper house of Parliament has voted against the Same-Sex Marriage Bill 2012 on 27 September 2012. Had the bill been passed it would have made Tasmania the first state to allow same-sex marriage.
Mortgage default solutions
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- Published on Thursday, 20 September 2012 03:09
- Written by Dominique Mavroyeni
In the current unstable economic climate, an increasing number of homeowners are struggling to meet their home loan repayments, with many finding themselves in mortgage default. If you are facing the threat of foreclosure and have been served with a notice to pay, seeing a lawyer might seem daunting, because of the fear of falling deeper into debt with legal fees. However, depending on your circumstances, and particularly if your financial hardship is temporary, seeking legal advice at the earliest possible time could help you realize a greater equity in your property and minimize your debt burden or even allow you to keep your home.
Defamation Laws Still Apply to Internet Publications
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- Published on Wednesday, 19 September 2012 23:06
- Written by Steven Soldatos
A recent case in the Queensland Supreme Court confirms that the common law application of defamation applies to internet publications including emails.
Fees charged by private companies that are deemed penalties can be avoided
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- Published on Tuesday, 18 September 2012 05:23
- Written by Steven Soldatos
A recent High Court Case appears to have widened the principle of relief against penalties for the benefit of the fee paying public.
Thinking of an informal property settlement? Think again…
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- Published on Monday, 17 September 2012 09:58
- Written by Zelma Rudstein
If you have reached an agreement with your former spouse or de facto partner as to how to divide property between you, you may believe that you have tied up all lose ends and that any financial relationship between you has been severed. Unfortunately, you are mistaken.
Tasmania’s same-sex marriage bill passes lower house
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- Published on Sunday, 09 September 2012 09:01
- Written by Zelma Rudstein
In all Australian states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same legal rights as heterosexual de facto couples. However, same-sex marriages are currently not permitted under Australian federal, state or territory law.
What to do if you are served with a subpoena
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- Published on Tuesday, 24 July 2012 08:58
- Written by Magda Kron and Dominique Mavroyeni
What is a subpoena*?
Central to any dispute resolution proceeding is the right of a party to gather evidence. A common method of gathering evidence is through subpoena, which is an order of the court used by a party to compel another party (in most instances an unrelated third party) to give evidence or produce a document, or both.
Swearing at your boss does not justify dismissal, says Fair Work Australia
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- Published on Friday, 13 July 2012 08:18
- Written by Magda Kron & Dominique Mavroyeni
In a recent Fair Work Australia decision, Symes v Linfox Armaguard Pty Ltd [2012] FWA 4789, Armaguard was ordered to reinstate one of its employees, Mr Symes, after he swore at his boss. The case is useful in demonstrating Fair Work Australia’s considerations in determining whether a dismissal is justified.
A lawyer or a do-it-yourself will kit?
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- Published on Friday, 13 July 2012 00:09
- Written by Kate Murphy
Do-it-yourself Will kits have become widely available in recent years. While they may seem like a cost effective alternative to the will drafting services provided by a lawyer, they sometimes lead to costly and protracted litigation that could have been avoided if the Will had been drafted by a lawyer.
Sale of property for $1000 deemed unlawful by the Supreme Court of Victoria
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- Published on Saturday, 23 June 2012 02:22
- Written by Steven Soldatos
A purchaser of property thought it was his lucky day when a two-storey Braybrook home valued at $630,000 was knocked down to him at auction following a successful bid of $1,000.00 subject to a mortgage of $457,345.50.
However, the owner (“Zhou”) succeeded in having the sale set aside on the basis the purchase price was “illusory, unfair and unreasonable in that it bore no relation to the worth of the property”.
Family Law - your options for dispute resolution
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- Published on Tuesday, 19 June 2012 10:26
- Written by Zelma Rudstein
There is a common misconception in family law that “getting a lawyer” means you are “going to Court”. This can unfortunately lead to separating couples waiting for months, or sometimes even years, before they meet with a lawyer for the first time. By such time, the separated couple are likely to have had many arguments over the division of property and children’s matters, which fuels hostility and distrust and makes it difficult to negotiate. This can make resolving your matter significantly more stressful and expensive.
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