Zoom meeting

Business interruption insurance – pandemic exclusion clauses to be tested

Announcement It was announced on 30 July 2020 that the Insurance Council of Australia (ICA) and the Australian Financial Complaints Authority (AFCA) have agreed to file a test case regarding the enforceability of pandemic and infectious disease exclusions in some business interruption insurance policies. Background While typical for business interruption policies to contain an exclusion…

Josiah Weiss TthKs4A7XMY Unsplash

Disappointed because reality failed to meet expectations? You could be entitled to compensation.

A recent High Court ruling has determined that compensation ought to be awarded for disappointment and distress if a party fails to meet their contractual obligations.    In Moore v Scenic Tours Pty Ltd [2020] HCA 17, Mr Moore booked a European river cruise with Scenic Tours which was marketed as being a luxurious trip…

Travel

Don’t let your dream holiday turn into a nightmare! Know your rights if your travel plans have been cancelled.

If your travel or holiday bookings can no longer proceed as planned as a result of the Covid-19 pandemic, it’s important that you know whether you’re entitled to a (full or partial) refund or a credit. Your rights will be influenced by a number of things including; – the terms and conditions of your booking…

Dairy

Dairy Industry Mandatory Code of Conduct

The region’s dairy industry will be aware that a mandatory Code of Conduct came into effect on 1 January 2020. The Code aims to improve the clarity and transparency of milk supply arrangements between dairy farmers and processors. Significantly, the Code prohibits retrospective price step-downs in all circumstances. The Code provides that all farmers and…

Commercial Lease

Re-negotiating your commercial lease due to covid-19? You must consider the leasing principles!

Most people will be aware of the various relief packages offered by the Federal and State Governments to assist businesses affected by the coronavirus pandemic. One of the areas the Government found most difficult to address is the question as to who should bear the risk of rental default? Tenants or landlords? Despite speculation that…

Rental Lease Agreement Form On An Office Desk.

Landlord: risk of non-payment of outgoings!

A lease once drawn is not simply a repository of the agreement between the parties; it must be managed throughout its currency to protect the rights and obligations of both landlord and tenant. It is a living document and must be managed in its accordance with its terms and in accordance with any applicable legislative…

Legal Costs2

Legal costs…what are they and how are they charged?

The most common question I’m asked as a lawyer in relation to legal costs is, “what percentage will you take?” The short answer is; law firms in Australia are prohibited from charging legal fees which are calculated based upon a percentage of the value of your claim or your recovery amount.   We can only charge…

Wills

Modern relationships and intestacy

We live in a world where many people have several significant relationships over their lifetime: some of which produce children and some of which introduce step-children; sometimes people marry; sometimes not. What happens with these complex family arrangements if you die intestate (ie. without a Will)? The intestacy rules are very complex and unfortunately many…

Conveyancing Image

Spotlight on Conveyancing: Why you need a conveyancer when buying or selling property

Conveyancing seems to be a word that many recognise but is a topic that is still clouded in some confusion.  General confusion comes in the form of the overall purpose and need for employing an experienced conveyancer when buying or selling a property. In simple terms, conveyancing is the legal process of transferring property from…

Blogfjgtrestraintoftrade

Restraints of trade – not worth the paper they are written on!

These are often the bullish words we hear when someone is planning to leave their employment to compete with their employer. Whilst it is true that restraints of trade are void at common law unless they can be proved to protect a legitimate business interest, many contractual restraints of trade have been carefully drafted and…

FarmingandAgribusiness

Are you an employer in the dairy, sheep, beef or cropping industry?

Following the classifications under the Pastoral Award can be confusing. Common problems employers face include: Knowing what classification your employee is, and therefore what the applicable minimum pay rate is. Determining whether your employee is casual or part time, and therefore how much they should be paid. Ensuring that all staff receive at least three…

EPOandBDM

EPOAs and BDNs – keyboard spasm?

No, this isn’t a case of having gone freestyle on the keyboard!! Most of us have (or at least should have!) appointed an Enduring Power of Attorney – someone who can deal with our financial and legal matters when we are no longer capable of doing so. Most of us will appoint our spouse or…