General

MST Lawyers Finalist in 14th Victorian Legal Awards – Law Firm of the Year (Medium)

5 Apr 2018

It is with great pride that for the second successive year, I announce that MST Lawyers is a finalist in the LIV’s Victorian Legal Awards under the category of the Law Firm of the Year – Medium sized firm.

Financial Settlements In “Short” Relationships

Where a relationship of fewer than seven years breaks down, the Australian Family Law Courts usually place significant weight on the financial contributions made by the parties in the short time they spent together.

For a fair decision to prevail, Family Law Courts weigh up factors including the financial and non-financial contributions of the parties, their future needs and considerations to achieve a just and equitable outcome.

A Tale Of Two Beers: Passing Off And Misleading And Deceptive Conduct

This month the Full Federal Court considered the case of a producer who claimed that their competitor had been passing off a product that was similar to their own.

The Court found that merely taking advantage of a market created by another producer was not enough for passing off. Misrepresentation and damage to goodwill are also required.

Insolvency Disclaimer As Priority Over Conflicting State Law

Insolvency practitioners and company directors will be relieved to learn that in general circumstances disclaimers of onerous obligations by a liquidator will have priority over conflicting state laws.

The recent case of Longley & Ors v Chief Executive, Department of Environment and Heritage Protection and Anor [2018] QCA 32 (Longley) overturned a contentious decision of the Brisbane Supreme Court and reiterated the general priority of the Corporations Act (Cth) over State laws.