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Changes to the Retail Leases Act
Sarah Ward
The Retail Leases Amendment Act 2020 (Vic) came into effect on 23 September 2020 (except for Division 2 of Part 3). This Act changes the obligations of landlords and tenants of retail leases. Changes have been made to the provisions relating to: Essential Safety Measures: A…
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Proposed new family violence legislation for NSW: Coercive Control
Georgia Agar
The NSW opposition leader has proposed Australia's first coercive control legislation in an attempt to criminalize the behaviour that often surrounds domestic violence acts. Coercive control legislation was recently implemented in the UK and Scotland and has already seen excellent results. Coercive control is sometimes…
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Property Law Update » September 2020
Julie Maxfield
Below is a summary of issues related to Property Law in Victoria for September 2020. Foreign Investment Review From 29 March 2020, all monetary screening thresholds for any foreign investment have been temporarily reduced to $0. The Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations…
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Can an unrelated member of the household make a family provision claim against a person’s estate?
Linda Hart
The recent Victorian case of Re Meuleman; Quminakelo v Amidzic [2020] VSC 376 considered what it means to be a member of the household in a contested will case. The deceased died in 2017, leaving a Will dated 13 March 2008, and left no provision…
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The millionaire, the daughter and the crossbow (Joss v Joss)
Jack Conway
A recent Supreme Court case[1] saw the daughter of a wealthy conservative Jewish businessman successfully suing his estate for $3.225 million, around a quarter of the $12.4 million estate, after the daughter was left out of the will. The award was made despite the daughter…
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Yan Yean Road Upgrade – Stage 2 Update
Natasha Ozolins
An important phase in the Yan Yean Road Upgrade – Stage 2 Project has just commenced, with the Environment Effects Statement (EES) having been released. The EES is now on public exhibition until 5pm on Friday, 9 October 2020. The EES for the Yan Yean…
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North East Link Update
Natasha Ozolins
Despite delays to the compulsory acquisition process for the North East Link Project due to COVID-19, the formal compulsory acquisition process is now well underway. Impacted landowners, tenants and businesses are currently receiving Notices of Intention to Acquire (the first formal notices in the compulsory…
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Armstrong Creek Public Acquisition Overlay Update
Natasha Ozolins
In May 2020, the City of Greater Geelong decided to prepare and exhibit a proposed amendment (Amendment C410ggee) to the Planning Scheme in the Armstrong Creek growth area. The proposed Amendment seeks to apply a Public Acquisition Overlay (PAO) for the future compulsorily acquisition of…
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Barwon Heads Road Duplication Update
Natasha Ozolins
Last month the community consultation process concerning the Planning Scheme Amendment for the Barwon Heads Road Duplication Project came to a close. Major Roads Projects Victoria (MRPV) will now be assessing feedback from the community and stakeholders before submitting its final proposed Planning Scheme Amendment…
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Lighthouse Project Media Release
Jodylee Bartal
The Court has released a media statement regarding a new risk screening pilot being trialled by the Adelaide, Brisbane and Parramatta Registries of the Family Court and Federal Circuit Court. It is designed to assist the Court to identify, triage and case-manage matters involving family…
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Changes to the commercial tenancy relief scheme
Sarah Ward
The Victorian Government has announced changes to its commercial tenancy relief scheme in response to the coronavirus pandemic. These changes include: The existing prohibition on commercial tenancy evictions and rent increases has been extended from 29 September 2020 until 31 December 2020. It has been…
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Preparing for Separation & Divorce
Dylan Chaplin-Burch
If you are contemplating separation, or have recently separated, it can be difficult to know where to start. To help you plan for your first appointment and to ensure you make the best possible use of the time with your lawyer, we have put together…
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Options for those experiencing Family Violence during lockdown
Susan Ilias
New programs by the state government will see up to 1,500 perpetrators of family violence moved out of family homes to keep potential victims safe. There is, however, a decrease in calls during the lockdown and then surging when restrictions were relaxed. If you are…
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Family Courts operating through COVID lockdown
Susan Ilias
The Family Court and Federal Circuit Court continue to operate throughout the Stage 4 Lockdown and hear Family Law Cases. In particular, urgent Family Law cases will be triaged through a COVID-19 list at the Family Court and Federal Circuit Court. The case will be…
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Urgent Family Law Applications on the Rise
Susan Ilias
The Chief Justice of the Family Court and Federal Circuit on ABC Radio on 12 August 2020 said that there has been a 70% jump in urgent applications to the Federal Circuit Court and a 200% increase in 'more serious cases' since the Covid-19 restrictions…
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