NEWS & COMMUNITY

Recovery Costs & Costs Assessment in Settlement Agreements: Object or Beware 31.03.21 The recent case of Ultra Tune Australia Pty Ltd v Mackenzie Auto Repairs Pty Ltd [2021] QCA 3 demonstrates the perils of recovery costs and costs assessments within settlement agreements. It is important for parties to take special care when preparing offers to settle and important for parties to respond to costs statements within the required time under the UCPR.

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Family Law and the child’s best interests 30.03.21 Anyone who has dealt with parenting matters will have heard the phrase “best interests of the children” before. But what does it actually mean? And how does the Family Court determine what is in a child’s best interests?

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Quantum Meruit: Roude v Helwani [2020] MSWCA 310 25.03.21 The recent decision of Roude v Helwani (‘Roude’) by the New South Wales Court of Appeal concerned a builder’s claim for payment on a quantum meruit basis and the requirements for establishing that cause of action, specifically whether the builder was required to lead evidence of the market rate for the work performed.

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A Guide to Expert Family Reports 22.03.21 Are you currently undergoing a separation or divorce? If so, chances are you may need to participate in an expert family report. Not entirely sure what this involves? The Ramsden Lawyers team explores what an expert family report is and how it is a key consideration in arriving at the best possible arrangements for your child/ren.

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How to Sell a Rented Property or End a Tenancy Agreement? 18.03.21 If you are selling a property that currently has tenants, or wanting to end a tenancy agreement, there are certain steps need to be taken and minimum notice periods that apply. However, there are also simple measures that can be taken to avoid complicated situations and help reach a solution that works best for both the owner and tenant.

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Building Industry Fairness Act Part 1: Issuing a Payment Claim 11.03.21 This is the first article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIF Act’). The BIF Act was introduced primarily to simplify the procedure for recovering payments owing to contractors in the building and construction industry.

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Private AVOs and how to get one 09.03.21 Apprehended Violence Orders are all too common in Australian society. The Ramsden Lawyers team explores the different kinds of orders and how to get them.

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Can my Employer Make the COVID-19 Vaccine Mandatory? 05.03.21 The COVID-19 Vaccine is here, and while the vaccine is not mandatory under Commonwealth or State Government policy, it is entirely possible that mandatory vaccines could become a requirement for employees in some circumstances.

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Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance 25.02.21 The high-profile case of Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance established that not all exclusion clauses (in business interruption insurance policies) under the Biosecurity Act will apply to the losses suffered by business due to the COVID-19 directions and lockdowns.

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‘All Up’ Settlement Offer for ‘All Claims in the Proceeding’? – Think Again 18.02.21 The high-profile case of Wiggins Island Coal Export Terminal Pty Ltd v Civil Mining & Construction Pty Ltd established that when settling multiple claims in one proceeding, an ‘all up’ offer for ‘all claims in the proceeding’ will be ineffective. The case also highlighted when and when not a Calderbank offer will be effective.

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Responding to a Domestic Violence Application 15.02.21 If you are the respondent named on a domestic violence application it is essential that you are aware of the legal implications of how you choose to respond.

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Cant v Mad Brothers Earthmoving 11.02.21 The recent Victoria Court of Appeal case of Cant v Mad Brothers Earthmoving gives a useful overview of how unfair preference claims are determined in instances where the payment involves a third-party payment.

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