legal

Whistleblowing

Understanding Whistleblowing in Australia’s Legal Landscape

Speaking up should be simple. In a just system, exposing misconduct or abuse of power ought to be encouraged – not punished. Yet for many whistleblowers, doing the right thing can quickly become a stressful, risky, and costly ordeal.   What is whistleblowing?   Whistleblowing refers to a person who reports an individual or organisation […]

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Guardian 2

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

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Acnc

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

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Owners corp

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’

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Examining Security of Payments in Nasseri V Wellington

Case note: Nasseri v Wellington Builders Pty Ltd [2024] VSC 200 Featured in the Law Institute Jounal September Edition!   Background Facts   The plaintiff, Taraneh Nasseri, sought to redevelop her Kew East property into two townhouses for profit. To that end, she partnered with Ms Candice Hammer by way of a Memorandum of Understanding

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Confidential

Cantor v Audi Australia and the Laws of Legal Privilege

Cantor v Audi Australia Pty Ltd [2016] FCA 1391   Facts:   This case concerns the scope of legal professional privilege (LPP) in Australia. The privilege dispute arose during five parallel class actions by purchasers or lessees in Australia of various diesel engine models of Volkswagen, Audi or Skoda motor vehicles, alleging that there was

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