When a person dies in Victoria, it is necessary to ensure that his or her affairs are wound up as the deceased is unable to continue to hold property such as bank accounts, shares, real estate, cash or furniture. Superannuation must be paid to beneficiaries, employment must be terminated and pension payments ceased. Read More
In August 2011 we considered the implied term of ‘good faith’ in employment contracts. A recent decision in the Full Court of the Federal Court of Australia (Commonwealth Bank of Australia v Barker) confirms that special terms are implied into employment contracts. Employment contracts, unless otherwise agreed, contain an implied term that employers owe a duty of mutual trust and confidence to employees. Read More
Are you in your later years, already in, or looking forward to retirement? Have you lived in your family home for several decades, and feel it is now too large to live in and maintain? You may be considering moving into a retirement village. If so, it’s vital that you fully investigate your options and do your research prior to making a final decision. Read More
If you occupy a strip of land at the rear of your property that is not on your title you may have adversely possessed a disused laneway. You could perfect your title by becoming the registered proprietor, subject to satisfying all the usual relevant requirements of an adverse possession application. Read More
Many vendors do minor renovations prior to the sale of a property. Common examples are the refurbishment or updating of kitchens and bathrooms, or the construction of timber decking or a pergola; a permit may or may not be required for these projects. Read More
It’s possible, but there are no guarantees... What happens to the deposit paid? THE DEPOSIT paid by the purchaser is either held by the estate agent or solicitor in a trust account, as stakeholder: 1.until settlement, or 2.until the purchaser releases the deposit pursuant to Section 27 of the Sale of Land Act 1962 (Act). Read More