Year: 2017

social media defamation

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 […]
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Same sex marriage, LGBT, Just Married

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 […]
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Unfair Contract amended to Fair Contract

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 […]
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Closed Road

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 […]
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Stamp duty

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 […]
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Piggy bank

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 […]
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Land with restrictive covenant

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 […]
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Last Will & Testament

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 […]
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