Can a Solicitor Also Be a Litigation Guardian? Exploring the Exception to the Rule in Victoria
In Victoria, the general rule is that a litigation guardian must act through a separate solicitor, to avoid any conflict of interest. However, in limited cases, such as where it’s cost-effective or no one else is available, the court may allow the same person to act as both solicitor and litigation guardian, provided there’s no […]
Don’t Get Caught Out: Common ACNC Compliance Mistakes (and How to Avoid Them)
For many small charities in Australia, compliance with regulatory obligations can feel like an overwhelming burden. Between chasing funding, managing volunteers, and delivering community programs, administration and record-keeping can easily slip down the priority list. But failing to comply with ACNC requirements can lead to serious consequences, including loss of registration, reputational damage, and even […]
Owners Corporation Disputes in Victoria: A Reconfigured Jurisdiction
Over the past year, a series of Magistrates’ Court decisions has upended common practice in owners corporation levy recovery. These rulings confirm that such disputes must now be brought exclusively in VCAT, reshaping the jurisdictional landscape in Victoria. Background Over the past twelve months, a sequence of significant decisions[1] rendered by the Magistrates’ Court of […]
When Construction Goes Wrong, Insurance Can Step In
Building a home is meant to be one of the most rewarding experiences of your life. It’s where savings, ideas, and emotions come together to create something meaningful – a place to live, grow, and feel safe. But sometimes, the process doesn’t go to plan. Defective work, delays, or even a builder who walks off […]
The Hidden Promises in Your Building Contract
When you sign a domestic building contract, you might assume that everything you’re agreeing to is written on the page. But what if we told you that, under Victorian law, you’re also agreeing to a series of promises outlined in legislation? These promises are known as implied warranties – non-negotiable obligations that apply by law […]
What’s in Your Building Contract?
Building or renovating your home can be one of the most exciting times in your life – but it can also be one of the most stressful. Between the plans, the costs, and the endless decisions, it’s easy to overlook one of the most important parts of the process: the building contract. If you’re planning […]
Can a Director Be Personally Liable for a Company’s Debts?
This is a common concern for small business owners and directors. The short answer is: usually no – but in some situations, yes. We will provide a short overview of this area of law. The General Rule: No Personal Liability Under Australian law, a company is treated as a separate legal entity; i.e., its own […]
Murray Review and Recent Government Response
In the world of construction, getting paid on time isn’t always a given, especially for subcontractors. Small businesses often find themselves chasing payments or bearing the financial fallout from delays further up the contracting chain. It’s a long-standing problem, and in 2016, the Australian Government decided it was time to step in and seek a […]
Victoria Strengthens Insurance Rights for High-Rise Apartment Owners
Are you a new homeowner in a residential complex over three storeys high? Do you worry that your builder may have cut corners – leaving you with defects, stress, and little recourse to make things right? This time, the government has your back. With new legislation, you’re no longer left powerless. No longer will you […]
Finally, Real Protection for Homeowners in Low-Rise Buildings
You’ve just moved into your dream home – a place you saved for, hoped for, and imagined for years. But within months, the dream begins to crack – literally. A leaky roof. Warped floorboards. A builder who won’t return your calls. And a system that tells you there’s little it can do unless your builder […]