QCAT Tools: The Form Number 40

By Danny Bycroft • In Law, LitigationComments Off on QCAT Tools: The Form Number 40

As they say “it comes with the territory.” The Queensland Civil and Administrative Tribunal (“QCAT”) is, in many of its jurisdictions including minor civil disputes, the jurisdiction with the lowest monetary limit and often the most accessible for self-represented litigants (and over-enthusiastic legal practitioners). Unfortunately, this leads to many Applications

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Statutory Consumer Guarantees for new motor vehicles

By Margaret Miller • In Consumer Law, LawComments Off on Statutory Consumer Guarantees for new motor vehicles

The ACCC has accepted a court enforceable undertaking offered by Holden to address the ACCC’s concerns about Holden’s compliance with the Australian Consumer Law (ACL) and the ACL’s consumer guarantees. By its undertaking, Holden has committed not only to comply with the ACL as it stands, but also to take

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Safeguarding your intellectual property

By Margaret Miller • In Commercial Law, Dispute Resolution, Intellectual Property, LawComments Off on Safeguarding your intellectual property

The value of your Intellectual Property (“IP”) could be worth more to you than your real property, business equipment or stock. You need to consider how you can safeguard the ownership of your IP and regularly monitor and control any threats to your ownership. Trademarks IP may be the most

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Effect of bankruptcy on superannuation

By Margaret Miller • In Bankruptcy Law, Insolvency Law, Law, NewsComments Off on Effect of bankruptcy on superannuation

Bankruptcy and superannuation  When an individual becomes bankrupt, the bankrupt’s property vests in the Bankruptcy Trustee with several exceptions. One exception applies to the bankrupt’s interest in a regulated superannuation fund, an approved deposit fund, or an exempt public sector superannuation scheme. Superannuation benefits of a bankrupt as at the

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Justice Michelle May retires from the Family Court of Australia

By Margaret Miller • In Family Law, Law, NewsComments Off on Justice Michelle May retires from the Family Court of Australia

In July 2017, Justice Michelle May is retiring as a judge of the Family Court of Australia, Appeal Division. Born in England and raised in Brisbane, Justice May attended primary school in Coorparoo and secondary college at St Margaret’s Anglican School. She was awarded a Commonwealth Scholarship to attend the

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Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

By Margaret Miller • In Bankruptcy Law, Commercial Law, Dispute Resolution, Insolvency Law, Law, Litigation, NewsComments Off on Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

After many failed attempts over the past 6 months to negotiate cuts in leasing charges, Luke Baylis, the chief executive and co-founder of SumoSalad put two of its companies, Sumo Westfield Leasing Pty Ltd and Sumo Leasing Pty Ltd, into voluntary administration to force several Westfield centres to the negotiating

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Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

By Tim Elliott • In Commercial Law, Dispute Resolution, Law, Litigation, Property LawComments Off on Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

The abovementioned appeal considered whether an unsigned deed or contact can in fact be binding. This issue is often a factual scenario faced by legal practitioners every day in advising their clients in circumstances where clients have not fully completed their paperwork. At first instance, the Respondent had succeeded and

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Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

By Tim Elliott • In Dispute Resolution, Insolvency Law, Law, Litigation, Property LawComments Off on Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

Majet v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall [2015] QSC 38, considered the impact of a bankruptcy trustee’s disclaimer upon the entitlement of a deposit paid in accordance with a contract for the purchase of a residential property. FACT In early February 2014, Mr Herbert

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Do you purge your contempt?

By Danny Bycroft • In Dispute Resolution, Law, LitigationComments Off on Do you purge your contempt?

The Supreme Court of Victoria has recently served notices to appear on Commonwealth Government Health Minister Greg Hunt, Assistant Treasurer Michael Sukkar and Human Services Minister Alan Tudge. The Ministers have been asked to appear before the Court to “make any submissions as to why they should not be referred

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