by Tiffany Mechkaroff | Mar 20, 2024 | Dispute Resolution
Parties to civil court proceedings and their lawyers are bound by overarching obligations under sections 16 – 27 of the Civil Procedure Act 2010 (Vic) (Act). These obligations include a duty to act honestly, to ensure all claims and defences have a proper basis,...
by Tiffany Mechkaroff | Mar 12, 2024 | Dispute Resolution
The current economic challenges are causing an increase in companies across a range of industries entering administration or liquidation. If a company can no longer pay its debts, the directors may appoint an independent administrator to take control of the company,...
by Tiffany Mechkaroff | Feb 27, 2024 | Dispute Resolution, Uncategorized
Governing law and jurisdiction clauses give contracting parties certainty about their rights, obligations and, importantly, the jurisdiction in which they can enforce their contract. Governing Law Clauses A governing law clause sets out which law governs the...
by Tiffany Mechkaroff | Feb 19, 2024 | Building & Construction, Business & Private Advisory, Commercial Law, Dispute Resolution, Employment Law, Estate Planning & Wealth Protection, Family Law, Family Law Succession Planning, Motorsport, Private Wealth, Property Development, Property Law, Sport, Structured Finance and Investment
The International Lawyers Network (ILN) announces its continued distinction as a ‘Band 1 Leading Law Firm Network’ in the Global Market Leaders Guide for Chambers 2024 Global Guide. This esteemed recognition highlights the ILN’s unwavering dedication...
by Tiffany Mechkaroff | Mar 5, 2023 | Dispute Resolution
Explosions? Choking hazards? Contaminated food? Banned goods? If you supply products which have (or may) injure consumers, you should act fast to promote consumer safety, minimise risk, and preserve your brand’s image. However, you must also observe your Australian...
by Tiffany Mechkaroff | Feb 6, 2023 | Commercial Law, Dispute Resolution
Commercial contracts, such as for a business sale, share sale or shareholders agreements often include a ‘restraint of trade’ clause as a means of protecting the goodwill of the relevant business or company. What is it? A restraint of trade clause restricts a party...
by Tiffany Mechkaroff | Nov 29, 2022 | Dispute Resolution
From 30 November 2022, health services in Victoria are under a statutory duty of candour to patients who suffer a serious adverse patient safety event while receiving health services. The duty of candour was introduced under the Health Legislation Amendment (Quality...
by Tiffany Mechkaroff | Nov 20, 2022 | Dispute Resolution, Estate Planning & Wealth Protection, Family Law
It is common for discretionary trusts to be established for the benefit of a family. A discretionary trust is a popular structure, especially for families and for income streaming purposes. Standard trust deeds are used with a standard wide definition of who is a...
by Tiffany Mechkaroff | Nov 13, 2022 | Dispute Resolution
What is ‘Legal Professional Privilege’? Legal Professional Privilege (or client legal privilege) protects confidential communications between a lawyer and client under two main ‘dominant purpose’ categories: Legal advice privilege – protects confidential...
by Tiffany Mechkaroff | Sep 13, 2022 | Dispute Resolution
All participants in any Court or Tribunal proceedings, including the parties, legal representatives, witnesses or other third parties, give an implied undertaking to the Court or Tribunal to keep all documents and information in that proceeding confidential. This...
by Tiffany Mechkaroff | Aug 2, 2022 | Dispute Resolution, Estate Planning & Wealth Protection, Private Wealth
A discretionary family trust generally gives a trustee discretion to distribute the income or capital for the benefit of one or more beneficiaries at the exclusion of others. On 21 July 2022, the Supreme Court of Victoria Court of Appeal handed down its decision in...
by wunwabbit | Jun 21, 2022 | Commercial Law, Dispute Resolution
What is ‘without prejudice’? The term ‘without prejudice’ is frequently misused, often causing confusion when matters come before a court. Broadly speaking, ‘without prejudice’ communications are inadmissible (meaning they cannot be provided to a court) so long as...
