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 […]
Continue reading...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 […]
Continue reading...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 […]
Continue reading...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 […]
Continue reading...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 […]
Continue reading...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 […]
Continue reading...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 […]
Continue reading...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 […]
Continue reading...Does the rise of Human Rights legislation, in particular the Charter of Human Rights and Responsibilities (Vic) 2006 (‘Charter’), open up a potential challenge to the principles of indefeasibility of title, possibly undermining the supremacy of the registered proprietor on […]
Continue reading...Advocates come in many forms within the legal profession. The hypothetical lawyer can be pictured as a smooth, dramatic and emotive character advocate like ‘The Castle’s Lawrence Hammill QC’ or a curmudgeonly ‘Horace Rumpole’ wading through hearings as a […]
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