The Sale of Land Act 1962(Vic.) imposes significant requirements on a vendor – typically, a property developer - selling ‘off-the-plan’ under a ‘prescribed contract’[1] for sale of a lot on an unregistered plan of subdivision to notify a buyer of any works affecting the natural surface of the land in the lot or of any land abutting that[2].

A trade mark is a sign, mark, logo or image used or intended to be used to distinguish goods or services dealt with or provided in the course of trade by a person or organisation, from goods or services dealt with or provided by any other person or organisation. It may include any of the following or any combination of the following…

Liability for the costs of constructing a boundary fence is governed by the Fences Act 1968 (Vic) (‘the Act’). The general principle under the Act is that adjacent property owners are liable to contribute in equal proportions to a ‘sufficient dividing fence’. Where there is no dividing fence between the adjoining land, owners are liable….

A trader becomes entitled to an unregistered mark by trading in goods or services identified by that mark in Australia, thereby generating goodwill in the business connected with the mark. As the prior owner in the mark at common law, your commercial activities are likely to have caused you to obtain substantial and valuable goodwill and reputation attached to the trade mark…..

It can be a highly stressful and emotional time when a family member passes away however, it can be even more so if you discover that you were left out of or not adequately provided for under their Will. It may be that the deceased had not updated their Will for quite sometime and at the date of their death, their wishes have substantially….

Adverse possession permits a person who would otherwise be decried as a “trespasser”, who remains in possession of land for a period of at least 15 years to acquire ownership of that land. Registered owners of land are expected to be aware of the extent or proper boundaries of their land and if necessary to enforce their rights to exclusive possession of …

Prior to the introduction of the Personal Properties Securities Act 2010 (Cth) (‘PPSA’) and the regime is put in place taking effect on January 30, 2012, if a company was placed into administration, liquidation or receivership, or an individual bankrupted, suppliers of …….

The Covid-19 Omnibus (Emergency Measures) Act 2020 (Vic) took effect from 24 April 2020, reflecting and (together with regulations allowing for prompt responses on an ongoing basis to problems with implementation of the spirit of the law)…

Commercial build principals and contractors will be familiar with specific terms under certain standard form contracts allowing for payment for certified sums by the proprietor direct to subcontractors, with commensurate deduction of those amounts from the sums due to the builder.

Testamentary trusts created under a will provide the testator, in making her or his Will, with a significant degree of control over distribution of assets – including income – to be bequeathed to beneficiaries. It also offers tax effective estate planning.

You’re an architect, certifier or engineer – one of many contractors with input into a development. Following the delivery of the project, the owner brings proceedings against the builder for breach of contract as a result of construction failures. The builder insists that the problem is, at least in part, your responsibility.

Prior to the introduction of the Personal Properties Securities Act 2010 (Cth) (‘PPSA’) and the regime it put in place taking effect on January 30, 2012, if a company was placed into administration, liquidation or receivership, or an individual bankrupted, suppliers of goods to the company or individual, as the case may be….