Neighbourhood Fencing Disputes
Imagine a crisp night around the middle of July. A storm is brewing and the phone does not stop buzzing with ‘damaging wind’ notifications from the Bureau of Meteorology. Usually, it would be nothing, but this time, you awaken to see a fallen fence. Fencing disputes are a common occurrence and can cause great stress […]
Self-Declared Not-for-Profit vs Charity
Under Australian law, not-for-profit organisations can take on various forms, including self-declared not-for-profits and registered charities. While both types of organizations operate with the aim of benefiting the community, there are significant differences between the two. A self-declared not-for-profit is an organisation that states it operates for the benefit of the community without seeking to […]
Krongold v Thurin: More Legal Implications for VCAT?
Background The recent decision from Krongold v Thurin[1], released on September 5th 2023, follows on from a lengthy case that first began in VCAT, and has progressed all the way to the Victorian Supreme Court of Appeal. This landmark case has set important precedents for VCAT’s jurisdiction, particularly in accordance with s 77 of the […]
Warlows Legal Rosh Hashana Editorial
Justice Legislation Amendment Bill 2023 – VCAT, Federal Jurisdiction, and More
What is the Justice Legislation Amendment Bill 2023? The Justice Legislation Amendment Bill 2023 was introduced into the Victorian Parliament in August 2023, and has just recently passed both houses. The Bill was enacted with the purpose of effecting significant amendments across various facets of the Victorian legal system, and clarifying procedural and jurisdictional issues […]
The JBWere NAB Charitable Giving Index (CGI) – August 2023
As one of our main areas of specialisations, Warlows Legal is constantly observing the changing landscape of charities, and charitable contributions. The JBWere NAB Charitable Giving Index is a pivotal source for insights into the world of philanthropy; offering concise updates on charitable organizations and in-depth analyses of sectoral shifts, this index serves as a […]
Statutory Declarations to transform in digital overhaul
In Australia, there are various procedures and rules you must comply with to make sure your documents are legally valid. For example, before the pandemic, statutory declarations had to be signed in person by an authorised witness, such as a Justice of the Peace. During Covid, the Australian Government introduced temporary measures allowing electronic execution […]
What Are Related Party Transactions?
From the 2023 Annual Information Statement onwards, charities are required to report on their related party transactions. What is this transaction though? What must charities report on? And why was this introduced? Why Have Related Party Transactions? A charity’s financial decisions must be made in its own best interests, and not in the interests of […]
Unfair Contract Terms Regime – Comprehensive Guide to Changes
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Act) was passed on 9 November 2022 and will come into effect on 9 November 2023. From this date, unfair contract terms (UCT) will be illegal, the UCT regime will be expanded under the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Securities […]
Outside VCAT’s Jurisdiction
VCAT was established to provide fair, efficient and affordable justice to the Victorian community. Recent decisions such as Thurin v Krongold Constructions 120221 VSCA 226 Thurin) and Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) 120231 VCAT 233 (Vaughan) have raised concerns about VCAT’s future viability as an effective forum for dispute […]