Think Foley's

Jennika Anthony-Shaw and Julian Lynch discusses the new jurisdictional implications for domestic building disputes following the case of Uber Builders and Developers Pty Ltd v MIFA Pty Ltd & Anor [2021] VCC 1677. First, they examine the key legislation and pre-existing systems in place to deal with domestic building disputes and look into the important cases leading up to Uber. Then, they review the Uber judgement and discuss some of its important implications.

Carey Nichol discusses the preparation and strategies required to enhance the likelihood of a successful outcome in mediation. He covers what should go into case preparation, client preparation, and mediation preparation, then shares some tips and tricks to negotiating and breaking an impasse.

In this episode and accompanying paper, Philip Barton first examines 2021 Supreme and County Court cases on contracts of sale. These cases were: on the authority of an agent to conclude a contract; a sale by an owner builder; a sale conditional on issue of a planning permit; a sale subject to finance; a sale of a going concern for GST purposes; a sale off the plan; and a mortgagee’s sale. Then, Philip deals with a case of parties using funds in breach of trust to buy land.  Finally, noting the importance of the topic of verification identity, Philip discusses a case of a forged mortgage.

Emma Peppler and Eliza Bergin examine the new Environment Protection Act and how this will change environmental regulation in Victoria. In particular, they discuss the new general environmental duty, the new regime for permissions, remedial notices including financial risks, rights of review to VCAT and courts, and civil penalty provisions.

Anna Wilson examines the gateway tests in Division 328, which are the gateway tests to a bag of benefits including temporary full expensing, instant asset write off, loss carry back, and other similar benefits. The presentation will work through application of the aggregated turnover test and the embedded connected entity & affiliate tests by reference to a number of examples and case studies.

This presentation provides an update on recent cases and developments regarding taxpayer legal professional privilege claims made against and challenged by the Commissioner of Taxation. Specifically, it addresses:  the Commissioner’s treatment of LPP claims in response to notices issued under s 353-10 of Schedule 1 to the Tax Administration Act 1953 (Cth) by reference to the decision in CUB Australia Holding Pty Ltd v Commissioner of Taxation [2021] FCAFC 171 and the hearings in Commissioner of Taxation v PricewaterhouseCoopers & Ors; the draft ATO LPP protocol released for public comment in late September 2021; and  how the Commissioner may use material received pursuant to a notice issued under s 353-10.

Mark McKillop, expert in PPSR registrations, discusses the practical guide on disputing a PPSR registration. He covers the administrative and judicial processes, advantages of judicial over registrar redress, tips, pitfalls, and the importance of understanding obligations for registration.

Federal Circuit and Family Court of Australia Senior Judicial Registrar Anna Parker and Foley’s Barrister Simon Fuller discuss the changes that have taken effect as a result of the amalgamation of the Family Court of Australia and the Federal Circuit Court of Australia into the new Federal Circuit and Family Court of Australia. They discuss the new court’s case management pathway, increased emphasis on alternative dispute resolution, changes in expert reports relating to children, contraventions, and new litigant and practitioner obligations.

Robyn Wheeler examines inheritances and how they are treated in Family Courts. With a deeper look into cases including Aleksovski v Aleksovski (1996), from which the infamous “Gold Bar” quote originates, to as recent as the 2021 case Roverati & Roverati and explores the different considerations that influence how ‘the Gold Bar’ is split between parties. 

Belle Lane and Alex Metherell share their experiences, insights, and wisdom of Mediation in Family Law and then take a deeper look at the legislation pertaining to it. Belle explores mentalisation and the procedural justice effect as some of the things to keep in mind, in order to get the best out of both parties. Alex examines the legislation and caselaw relating to the enforceability and admissibility of written agreements made at Mediations.