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    26 Nov 2021

    From 1 April 2022, new laws will take effect to improve the visibility of superannuation assets in Family Law property proceedings. These are proceedings which deal with the division of property, including superannuation, between parties to a marriage or domestic (de facto) relationship.

    The Perils of Non-Use: Is your trade mark at risk?

    If you are the registered owner of a trade mark you should take care to ensure that you are using the trade mark within the meaning of the Trade Marks Act 1995 (Cth). Otherwise, your trade mark may be at risk of being removed from the register if someone succeeds in bringing a non-use application against you. Before initiating disputes or issuing letters of demand on the basis of your trade mark rights, you should ensure that you are not exposed to this risk, lest you quickly find yourself on the back foot, defending a non-use application brought by the recipient of your letter of demand!

    New Franchise Disclosure Register being introduced in 2022

    26 Nov 2021

    Following amendments made to the Franchising Code of Conduct (‘Code’) earlier this year, including the introduction of a Key Facts Sheet to accompany franchisor Disclosure Documents and the increasing of the cooling-off period from seven to 14 days, the Federal Government has remained focused on improving franchisee information and awareness. In September of this year, the Government released draft amendments to the Code setting out further changes to it, to come into effect in 2022. These amendments reflect the 2021-22 budget announcement of $4.3 million for the development of a new Franchise Disclosure Register, due to commence on 31 March 2022.

    Evicting a tenant where non-payment of rent for COVID-19 reason: Reversal of VCAT decision

    26 Nov 2021

    In RFY v ACV (Residential Tenancies) [2021] VCAT 865, VCAT allowed a tenant to be evicted after the protections afforded to tenants under section 542 of the Residential Tenancies Act 1997 were repealed. Regulation 14 of the COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 only prevented the landlord from seeking rental arrears and did not prevent eviction. The evicted tenant appealed. The Victorian Supreme court handed down its decision in Markiewicz v Crnjac [2021] VSCA 290.