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RMH – Larapinta Trail Challenge and Make A Meal

19 Aug 2019

A huge congratulations to Alicia Hill and her fellow walkers who completed the 60km Outback Challenge for Ronald McDonald House Charities (Vic & Tas). Along the way, Alicia raised over $4,000, which will go to support the ever-changing needs of seriously ill children and their families. The 5-day walking challenge took place along the Larapinta…

Employment Law Update – Winter 2019

The Launch Of The Latest Review Into The Industrial Relations System In the wake of seeming radio silence on the liberal government’s IR policy leading to the federal election, Prime Minister Scott Morrison announced that Australia’s new minister for industrial relations, Christian Porter, will be undertaking a review into Australian workplace laws.  On 27 June…

Dealing With Unfair Contract Terms

Having just read an article about draft legislation to extend the unfair contract term regime to insurance contracts, I was reminded that laws relating to unfair contract terms in the Australian Consumer Law have been around since 2010 in respect of standard form consumer contracts and since November 2016 in respect of standard form small business contracts. Despite these laws applying to standard form small business contracts for nearly 3 years, there are still much confusion in this area of law.

Applying A Wider Restitutionary Basis To Equitable Liens Created Under The Universal Distributing Principle

In the recent decision of Re Australia’s Residential Builder Pty Ltd (in liq) [2019] VSC 115, the Victorian Supreme Court considered and extended the Universal Distributing equitable principle. This principle states that a secured creditor should not have the benefit of a fund created by a liquidator’s efforts during winding up, without the liquidator being reimbursed for their associated time and expense. On these facts, the Court was willing to extend this principle beyond the direct liquidator to a third-party liquidator.