Australian Consumer Law
Your rights as a Consumer - Motor Vehicles and other products and services Under the Australian Consumer Law, you have rights if you are a consumer. These are statutory consumer rights that the supplier and/or manufacturer cannot contract out of, an
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Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48 – Last Director Rule
Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48, is an important case in Australian corporate and insolvency law. It is best known for being the first significant judicial interpretation of section 203AB of the Corporations Act
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When Is a Deed Binding? Key Lessons from Monaco Solicitors v Prolend Solutions
In commercial and property transactions, deeds are a common legal tool used to formalise agreements. But when exactly is a deed legally binding? A recent decision by the Supreme Court of Queensland, Monaco Solicitors Pty Ltd v Prolend Solutions No 50
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Assistance Animals - Know a Handler’s Rights!
by Madeleine Harling Assistance animals are a key part of everyday living for their handlers, as they provide independence, confidence, and connection for people with disability—supporting not just physical tasks, but emotional wellbeing, social par
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Unfair Contract Terms (UCT) - Building and Infrastructure
by Drazen Kozaric Overview of the Updated UCT Laws Businesses in construction and infrastructure must now take greater care to ensure their standard form contracts do not contain unfair terms under the Australian Consumer Law. These terms are now i
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Enactment of Stringent Anti-Vilification and Social Cohesion Laws in Victoria
by Drazen Kozaric Victoria has introduced tough new anti-vilification and social cohesion laws, expanding protections against hate speech to encompass disability, gender identity, sex and sexual orientation. The legislation imposes penalties of up t
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Corporate Governance Reforms: The Modern Slavery Act Review
by Drazen Kozaric The Modern Slavery Act 2018 has been under review, with key recommendations for reform emerging in 2021. In December 2024, the Australian government issued its response to the independent review of the Act. The government has agree
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Understanding Constructive and Resulting Trusts: Key Differences and Legal Implications
by Drazen Kozaric In the realm of trusts and property law, two types of trusts often arise in legal disputes: constructive trusts and resulting trusts. Understanding the nuances between these two concepts is essential for anyone navigating property
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Cryptocurrency Law in Australia: Navigating the Legal Landscape
by Drazen Kozaric Cryptocurrency has been a game-changer in the world of finance, revolutionising how people transfer and store value. However, its rapid growth and decentralised nature have posed unique challenges for governments and regulators wor
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Changes to Defamation Law in Australia: What You Need to Know
by Drazen Kozaric Over the last few years, Australia's defamation law has been subjected to a major overhaul, with significant reforms poised to reshape how defamation cases are handled across the country. These changes are designed to balance the r
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Important Changes to the Fair Work Act: changes to the definitions of “employment” and “casual employee”
by Ben Schefe You may be aware that a number of significant changes have recently been made to the Fair Work Act 2009 (Cth) (“the Act”) with a number of those changes becoming effective as of Monday 26 August 2024. At a high level, this article foc
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Queensland Measures to Support Modern Home Standards: Enhancing Safety, Sustainability, and Comfort
By Drazen Kozaric In 2024, several key measures have been introduced to support the development of modern homes across the state. These updates reflect Queensland's commitment to creating sustainable, resilient, and high-quality living environments.
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Understanding Directors Penalty Notices and Eight (8) Steps to Avoid Them
by Drazen Kozaric Directors Penalty Notices (DPNs) issued by the Australian Taxation Office (ATO) are serious matters that can have significant implications for company directors in Australia. These notices are used by the ATO to recover unpaid Pay
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Expert Witness Obligations to the Court
The recent decision of Judge Kefford in Cannon Hill Investments et al v. Brisbane City Council and Rivermakers Wellness & Research Centre [2022] QPEC 16 (“Rivermaker’s case”) provides a salutary warning to those engaged as experts in the P&E jurisdic
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NSW Land and Environment Court Prosecution Judgment
Prosecution by the Environment Protection Authority leads to company and its director being fined, ordered to pay costs & publish notice in Quarry Magazine, Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the Area and Northern Rivers Time
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Outstanding Debt: Avenues to Recovery by Statutory Demand
Article by Ben Schefe, Michael Mapp, Conor Harvey, Debt recovery can often be a tricky exercise, as debtors are adept at avoiding and/or delaying payment where there is a debt outstanding. A cost-effective avenue for debt recovery, where the debtor
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Environmental nuisance and your rights
More than 150mm of rain fell on Brisbane in the month of February followed by more than 300mm in March. While wet conditions are not unusual for South East Queensland, the volume and constancy of rain can create aggravation for home owners suffering
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Debt Recovery Update 2021
DEBT RECOVERY UPDATE 2021As you may know, due to the significant impact of COVID on the business community, temporary laws were introduced in March 2020 to attempt to help businesses and individuals stay afloat during that very difficult period.In su
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DEBT RECOVERY DURING A PANDEMIC
During these unprecedented times, cashflow may be prompting you to act on any outstanding debts owing to you, or that are owed to you. Perhaps you have noticed that clients or customers are slower to pay during their own cashflow problems. Regardless
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