How To Effectively Set Off Entitlements: IFAs, Common Law Set-Off and Annualised Wages

The recent high-profile case involving underpayment of award entitlements by the Macquarie Bank gives a timely reminder of the importance (and legality) of written set-off clauses in common law contracts and other legitimate set-off options.

Which Owners Corporation Fees are Enforceable: VCAT Lessons

The recent Victorian Civil and Administrative Tribunal (the Tribunal) decision in Owners Corporation No. 1 PS511700W v St Marys Investments Pty Ltd dealt with a dispute over fees charged to a lot owner for services that were provided to a larger development within which the Owners Corporation land was a subdivision. The reasoning of the Tribunal provides insight into which fees charged by an Owners Corporation will be enforceable against Lot Owners. It serves as a reminder that fees are not limited to services relating solely to the land of the Owners Corporation,

Getting paid for work done (Quantum Meruit): the importance of expert evidence

In the recent case of Roude v Helwani [2020] NSWCA 310, the Court of Appeal of New South Wales considered an appeal from a judgment of a Local Court of New South Wales Magistrate regarding a claim for reasonable remuneration for electrical and plumbing work performed (quantum meruit). This case illustrates the complexities that can arise regarding claims for payment, the importance of expert evidence in showing what is fair and reasonable remuneration, and the need for a correct strategy in making a claim.

Trustees Beware – How to Avoid an Extra 8% in Stamp Duty

By Devin Elliott, Law Graduate As of March 2020, the Victorian State Revenue Office will treat all discretionary trusts (including family discretionary trusts) as foreign trusts if the discretionary trust has any potential foreign beneficiary. Trustees of discretionary trusts intending to acquire residential property for the trust may inadvertently find themselves being required to pay…