Legal Insights
Recovering Statutory Debts in Victoria: A Practical Guide for Councils
Victorian councils regularly incur costs in carrying out their statutory functions, but recovering those costs requires strict compliance with the relevant legislative framework. This article highlights the key procedural, evidentiary and practical considerations for councils pursuing statutory debt recovery.
Harwood Andrews Dispute Resolution and Litigation Practice Recognised in Doyles Guide, Victoria 2025
Harwood Andrews Dispute Resolution and Litigation team is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2025 Doyles Guide. Doyles Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Promised the farm?
Disputes involving promises about the future of the family farm are common and highlight the importance of succession planning.
Wind farm leases – common pitfalls
Developers are increasingly looking to contract with rural landowners to develop wind farms and other forms of renewable energy.
Bankruptcy Law Reform
The Attorney-General has announced reforms to Australia’s bankruptcy laws which seeks to reduce the stigma associated with entering into bankruptcy and to ensure that Australia’s bankruptcy system is fairer and operates in the best interests of all Australians.
Harwood Andrews Dispute Resolution & Litigation team Ranked in Doyles Guide, Victoria 2024
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in the 2024 Doyles Guide. Doyles Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Constructing a fair contract can save you millions
From 9 November 2023, major amendments apply to the unfair contract term (UCT) regime. The UCT regime applies to standard form contracts entered with consumers and small businesses, and attracts significant penalties.
![Set-Off Denied: Court Rules on Creditor's Claim in Metal Manufactures Pty Limited v Morton [2023] HCA 1 ](https://images.squarespace-cdn.com/content/v1/62940022bdc06b31c5ba0c30/1696545525214-8SG93H3NL4D38YBC0G5H/AdobeStock_612671140.jpeg)
Set-Off Denied: Court Rules on Creditor's Claim in Metal Manufactures Pty Limited v Morton [2023] HCA 1
A creditor owed money in a liquidation is not entitled to set off that debt against any amount it is found to owe to the company under unfair preference provisions (and arguably other amounts payable to a company in liquidation which are recoverable pursuant to a liquidator’s statutory powers)
Licence lending – protecting your rights in domestic building contracts
Purchasing or building a new home is often said to be the largest financial commitment an individual or a couple will make in their lifetime. People will take on substantial mortgages in order to build their dream homes or investment properties. Therefore, it is extremely important that you ensure the legal goalposts are set from the beginning and understood by all parties, before signing on the dotted line.
Family Trust disputes – do not ignore The Black Sheep
A trust structure is often recommended to individuals and family business owners by their accounting and legal advisors to distribute income tax effectively and safeguard assets.
Residential tenancy disputes – protecting your rental property investment asset
In a competitive rental market, opportunity exists for residential landlords (‘rental providers’) to maximise their investment by way of rental return or by selling their rental property to realise its capital growth.
Recalcitrant tenants take advantage of jurisdictional blackhole – watch this space.
As confirmed by the High Court’s decision in Burns v Corbett [2018] HCA 15, state tribunals, such as VCAT, do not have the jurisdiction to hear disputes between interstate parties.
Insurance claims for COVID-19 business interruption: a win for businesses?
It is undeniable that the COVID-19 pandemic has presented unique and challenging issues for Australian businesses, causing long-term disruption to business. Adding further complexity is that, historically, the insurance industry would not provide relief to businesses affected by a pandemic.
![Owners Corporation 1 Plan No PS543073S and Ors v Eastrise Constructions Pty Ltd [2019] VCAT 1639](https://images.squarespace-cdn.com/content/v1/62940022bdc06b31c5ba0c30/1656478171246-GT50AEJSQPYQSSC7KP4I/Building+Construction.jpg)
Owners Corporation 1 Plan No PS543073S and Ors v Eastrise Constructions Pty Ltd [2019] VCAT 1639
In Owners Corporation 1 Plan No PS543073S & ors v Eastrise Constructions Pty Ltd [2019] VCAT 1639 (Eastrise), the Victorian Civil and Administrative Tribunal (VCAT) has handed down an important decision in the context of expiring actions against builders pursuant to the Building Act 1995 (Vic) (Building Act).
Case update – Mann v Patterson Constructions
In October, the High Court handed down its judgment in the case of Peter Mann & Anor v Paterson Constructions Pty Ltd [2019] HCA 32 (Paterson), clarifying principles and providing constraints in respect of a claim on the basis of quantum meruit.
Review of Trustee's discretion: Marsella’s case gives some guidance
It is a longstanding general principle that where a trustee discloses reasons for the exercise of a discretion, the validity of the trustee’s reasons will be examined and reviewed.
Successful prosecution of 'the Ritz' owners
Harwood Andrews has acted for the City of Greater Geelong in a successful prosecution of the owners of ‘the Ritz’ - a prominent heritage listed building located on Bellerine Street, Geelong.
Oppression remedies for unit trusts
It is an unfortunate fact of life that running a business will not always go smoothly, and occasionally disputes will arise between business owners and business investors. A unit trust is a popular structure for conducting a business, but it has traditionally presented business owners and investors with some difficulty when seeking to resolve their disputes.
Plaintiff’s access to defendant insurance
A claimant liquidator was allowed to join the defendants’ insurer to the proceeding, in circumstances where the defendants were not going to pursue the insurance claim. This case may open up several new ways to utilise a defendant’s insurance, and Sladen Legal has some creative ways this decision can be used to plaintiffs’ benefit.
Non party’s liability for costs
The Court ordered costs against stakeholders in the plaintiff’s camp and stated that insolvency of a plaintiff insolvency weighs in favour of a cost order against a non-party supporting or directing it.