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MST Lawyers Federal Election Seminar

This morning, the MST Lawyers Employment Law team ran a seminar to discuss the workplace relations policies released by both the ALP and LNP ahead of the Federal Election.  We had a great turn out even though we had an early start time and the weather was not particularly pleasant.  Herb Fischbacher (Principal), James Sanders (Associate) and Renee Karakinos (Lawyer) presented on this issue.  We hope that all of those who joined us were able to take with them valuable learnings that can be employed within their businesses.

Food For Thought: Misleading Conduct In The Franchise Space

This article reports on a Queensland Court of Appeal decision which set aside a prior District Court judgment and approved a re-trial for a former Michel’s Patisserie franchisee against its franchisor, Retail Food Group (RFG). The matter involved allegations of misleading and deceptive conduct about the quality and frequency of product deliveries to the franchisee.

Continued Professional Development Key to MST Lawyers’ Success

18 Apr 2019

For lawyers and legal professionals CPD (Continuing Professional Development) is an important part of working in the legal industry. Developing skills, and keeping our knowledge relevant and up-to-date, is vital for our clients and career progression. This means making a commitment to continual learning and development within the field.

Debt or Damages? An Important Distinction in Debt Recovery Claims

In the recent decision of Yang v Finder Earth Pty Ltd [2019] VSCA 22, the Court of Appeal set aside a default judgment for recovery of an unpaid debt because the claim as pleaded was better characterised as a claim for the recovery of damages and not as a claim for the recovery of a debt.

The decision serves a timely reminder to ensure that, in debt recovery claims, the relief sought in the pleadings is expressed as a fixed sum owing and not as the recovery of damages suffered by reason of non-payment.