Case Studies

Generally speaking, when you are successful in Court the Judge will make an order to the losing party to pay the winning party’s costs, however costs are not always awarded. These costs commonly do not cover the entire legal fees spent and are known as party/party costs.

In civil litigation, the customary rule is that 'costs follow the event'—meaning the successful party usually receives an award of costs against the unsuccessful party. However, this rule is discretionary rather than absolute.

Being terminated from employment means the employee no longer works for an employer. An employer must clearly communicate a termination of employment to an employee. The termination must come in the form of written notice.

Under the Fair Work Act 2009 (Cth), a termination of employment is not effective unless the employer has given written notice of the day of the termination (which cannot be earlier than the day the notice is given).

Background: Our client imported and sold refrigeration products across Australia. As part of running their business our client required a warehouse to store all their stock. Client’s Problem: The adjacent property to the leased premises suffered an incident resulting in severe asbestos dust contamination affecting hundreds of thousands of dollars of stock.

Our team successfully represented the client in securing emergency expert contamination audits and issuing urgent proceedings in the Supreme Court.

Recent amendments to the Owners Corporations Act 2006 (Vic) have introduced heightened obligations on strata committees regarding building insurance, valuation schedules, and excess apportionment.

Committees are now mandated to ensure building replacement valuations are conducted by a registered valuer at least every 5 years.

A caveat acts as a statutory injunction preventing registration of dealings against real property title. Lodging a caveat without a caveatable interest exposes the caveator to compensation claims under section 74P of the Real Property Act 1900 (NSW).

Under NSW real property law, an owner can issue a lapsing notice requiring the caveator to seek a Supreme Court order extending the caveat within 21 days.