MST is excited to announce that our new address from July 11, 2022 will be Level 3, 545 Blackburn Road, Mount Waverley.

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    Why so serious? Requirement of serious harm in defamation

    Recent Australian developments in the law of defamation have imposed increased evidentiary burdens on plaintiffs. Does this mean it is harder for plaintiffs to make a claim for defamation? Or is it now also easier for publishers of defamatory material to get away with it? This article addresses the changes and considers the implications for those wanting to bring a defamation claim.

    Purpose over prescription? The Supreme Court’s interpretation of the Rental Leases Act in Krajcar v Eastern Central Real Estate

    The Supreme Court recently allowed a method of rent review which assessed the total value of a subdivided property and then split that amount between the multiple lot owners. While this appeared to sit outside the bases for rent review allowed by legislation, the Court found that it was permissible.

    A review into the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) is underway

    The Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (the CT Act) is currently subject to review in accordance with section 31, which requires a review of the operation and effectiveness of the legislation to be carried out every five years.

    Recovery of costs by franchisors: Dymocks v Chapter Three

    23 Jun 2022

    The New South Wales Supreme Court was asked to decide in Dymocks Franchise Systems (NSW) Pty Ltd v Chapter Three Pty Ltd [2022] NSWSC 35, what costs should be awarded, where there was no actual judgement on the merits of the case but the franchise agreement contained clauses which provided the franchisee was to pay the franchisor’s costs.