2017 | PETER SPEAKMAN & CO LAWYERS

October 20, 2017
By alex
Business Law, Practice Area, Sale/Purchase of Business
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Restraint of Trade

All restraint of trade clauses are void because they are contrary to public policy unless the restraining party can establish that the restraint is reasonable (in the interests of the parties and the public) in all the circumstances and necessary to protect a legitimate interest of that party. Restraint of trade provisions often relate to […]

Intestacy, Dying without a Will, Intestate

October 11, 2017
By alex
Wills & Probate
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Planning to Die without a Will – New Intestacy Laws

Unlike Egyptian Pharaohs, you’re probably not planning to take it all with you, so you probably don’t plan to die without a Will (intestate). However, you might be like many of us and haven’t got around to making one yet, or your Will may be out of date and it no longer disposes of the whole […]

September 20, 2017
By alex
Torts
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Think before you Tweet

Defamation is probably the last thing on your mind when you post a quick comment on Facebook or Twitter or post an online review – but be mindful ill-considered posts may well constitute defamatory publications. Re-tweeting a defamatory tweet or sharing a defamatory Facebook post may also constitute publication of the defamatory material so care […]

Property law act, boundaries, margin of error

September 13, 2017
By alex
Property
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Margin of Error & the Application of s272 of the Property Law Act

There is a common misconception that s272 of the Property Law Act acts to prevent a landowner’s right to sue for actual physical infringement or encroachment of their property boundary when the infringement or encroachment is less than 50mm (50mm where the boundary is less than 40.3m, or 1/500 of the boundary length where it […]

September 7, 2017
By alex
Family Law
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Same Sex Marriage, Revisited

Same sex marriage, it’s the issue that simply won’t go away. Now that the High Court has ruled, allowing the postal ‘vote’ to go ahead, we’re inching that much closer to closure. One way or another. Though we haven’t yet reviewed the High Court’s decision (coincidentally, its site is down for maintenance), the Court’s decision […]

Unfair Contract amended to Fair Contract

September 5, 2017
By alex
Consumer Law
No Comments

Unfair Contract Terms – A recent VCAT case

In November 2016 the protections under the unfair term provisions of the Australian Consumer Law, previously only available to consumers, were extended to apply to small businesses. In a decision handed down on 9 August 2017, Deputy President I. Lulham of the Victorian Civil and Administrative Tribunal (VCAT) held that the contract term in question […]

August 3, 2017
By alex
Property
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Bonnie Doone – A disruption to the serenity (Council’s discontinuance of a Public Road held invalid)

In the recent decision by His Honour Justice Garde in Pulitano Pastoral Pty Ltd v Mansfield Shire Council [2017] VSC 421 (27 July 2017) (Pulitano) His Honour held that the Council’s deregistration decision, insofar as it affected Fridays Lane in Bonnie Doone, and its subsequent discontinuance decision were invalid and of no effect, and should […]

June 28, 2017
By alex
Taxation
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Stamp Duty & Land Tax Changes – 1 July 2017

STAMP DUTY Spouse/Domestic partner Transfers of Real Estate From 1 July 2017, the stamp duty exemption for transfers between spouses/domestic partners will no longer apply to transfers of investment or commercial properties between spouses/domestic partners. The exemption will still apply for the transfer between spouses/domestic partners of a principal place of residence. The exemption will […]

June 28, 2017
By alex
Taxation
No Comments

Changes to Foreign Resident Capital Gains Withholding Payments

On 9 May 2017 the Federal Government announced proposed changes to the foreign resident capital gains withholding payments (FRCGW) threshold and withholding rate. These changes will apply to contracts entered into on or after 1 July 2017: for real property disposals where the contract price is $750,000 and above (previously $2 million) the FRCGW withholding tax rate will be 12.5% (previously […]

May 17, 2017
By alex
Practice Area
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Restrictive Covenant – Removal or Modification

A restrictive covenant is an agreement restricting the way the covenantor can use his or her land. Restrictive covenants are usually used as a way to regulate land use and their purpose is aimed at preserving the value, character and amenity of the land. Examples of restrictive covenants include: limiting the number of dwellings, limiting […]

March 23, 2017
By alex
Wills & Probate
No Comments

Stepchild – Will Challenges

In the case of Bail v Scott-Mackenzie [2016] VSC 563 Associate Justice Derham confirmed that a “stepchild” is eligible to challenge a Will under the 2015 amendments to the Administration and Probate Act 1958 (“the Act”) where that stepchild is a child of a deceased’s former domestic partner. His Honour also confirmed that a child […]

Year: 2017

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