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Recent News


Complex Regulation and New Venture Projects

Regulation is a critical element of the external setting for new venture projects. Many developers of new projects face an enormous initial work package simply to prepare and maintain a consents pathway to navigate a range of statutory consents and […]

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Ports, Environment and Directors

Today’s ABC News item concerning Board members of the Great Barrier Reef Marine Park Authority provides a salutary reminder of the personal and corporate due diligence obligations of corporation directors. Port developments affecting the Great Barrier Reef World Heritage area are at […]

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Anticipatory Breach

Anticipatory Breach arises where a contract exists but, prior to its completion date, it becomes clear that one party cannot, or will not, complete its part of the agreement. This is a most complex and technical area of law but […]

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Compensation Arising from Caveat

Serious consequences arise where a Caveat is lodged over property without reasonable cause. Any person who suffers loss arising from a caveat being lodged unreasonably has a right to compensation under s 118 of the Transfer of Land Act 1958 […]

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Self Help

Generally, before seeking legal advice, most people try to solve the problem themselves.  A practical solution is invariably better than ‘lawyering up’.  Self help is a legal remedy, recognised by the Courts, which permits a person to take his or […]

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Substituted Service

Substituted service is a form of serving legal proceedings in circumstances where a defendant cannot be located. Careful evidence is needed showing not only the impossibility of serving the proceedings, but also alternative means by which they can be brought […]

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Surrogacy Checklist

Surrogacy is not an easy path to choose. It is invariably an emotional option for many couples. Kellehers Australia, through the work of Nicolas Walker, developed a checklist for persons involved with surrogacy. It is now widely in use. The […]

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Legal Obligation

Lawyers in Victoria are bound by strict professional ethical codes of conduct set out in the Legal Profession Act 2004 (Vic). These obligations fall not only upon lawyers, but also upon staff at any level within a legal practice. These […]

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Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) involves any method, other than litigation for seeking agreement over disputed matters. It includes adjudication, arbitration & conciliation. Robert Forrester recently returned from Berlin, where he examined emerging methods of conflict management and resolution, working with […]

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Contaminated Sites & Nuisance Law

Contaminated land raises complex, highly technical legal issues in the event that emissions occur beyond the site. Possible causes of action include private nuisance and negligence, as well as public nuisance and breach of statutory duty. Determining nuisance requires demonstration […]

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