October 2009

  • Lost earnings may be covered during a compulsory acquisition

    19 Oct 2009 Posted by

    Generally compensation in land acquisition matters is governed in Victoria by the Land Acquisition & Compensation Act 1986. Under the Act, it is possible for a person holding an interest in land that is acquired under the Act, to claim compensation for lost future earnings from a business that has been impacted by the acquisition. 

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  • Different ways to run parenting cases

    5 Oct 2009 Posted by John McClelland

    If you are unable to resolve arrangements about your children with your former spouse or partner, since 1 July 2007 unless there are issues such as urgency, child abuse or family violence, you must first participate in family dispute resolution counseling.  You cannot go straight to Court.  If you do not settle your dispute in counselling (whether or not the other parent attends) you will receive a certificate to confirm your attendance.  This must be filed with your Court Application.  The next question is, which Court?

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  • Duty on Leases

    2 Oct 2009 Posted by John McKell

    Recent amendments to the Duties Act 2000 have now imposed duty on certain leasing transactions.  The amendments became law on 7 July 2009 with retrospective effect to 21 November 2008.

    Duty is now chargeable on the granting of any lease for which there is consideration other than rent and usual property outgoings.  If a tenant pays the landlord a premium to obtain the lease, a transfer of a lease, an option or right of first refusal to purchase the land, duty is chargeable on the amount paid or the market value of the property whichever is the greater. 

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