MST Lawyers

MST Lawyers

Category: Content
Type: Blog Article

Generated 5 days ago

MST Lawyers

Category: Content
Type: Blog Article

Generated 5 days ago

New blog articles detected

  • Franchisors: How to Avoid Losing Money!

    Franchisors need to be acutely aware of how to properly seek payment of their outstanding costs from a franchisee. Failing to follow defined and legal channels can lead to significant out of pocket costs. This article examines a recent Supreme Court of Victoria decision which provides a timely reminder of what not to do when claiming monies from a franchisee.

MST Lawyers

Category: Content
Type: Blog Article

Generated 5 days ago

MST Lawyers

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Business Structuring and Operations: Where “Keep Calm And Carry On” is not effective

    Where a change occurs but there is no adaption of the legal framework of a franchise to adjust to that change, then just carrying on, as usual, can be a potential time bomb waiting to explode. This article provides three examples of cases where changes occurred affecting business operation but no complementary alteration to the legal framework occurred, highlighting the consequences for the busin...

MST Lawyers

Category: Content
Type: Blog Article

Generated 3 weeks ago

MST Lawyers

Category: Content
Type: Blog Article

Generated 1 month ago

MST Lawyers

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Summary of the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017

    By James Sanders, Associate, MST Lawyers On 1 March 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (‘Bill‘) had its first reading in Parliament.  The Bill proposes to amend the Fair Work Act 2009 (‘Act‘) in an attempt to tackle the issue of employee underpayment in large franchise systems, brought into the spotlight...

MST Lawyers

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Construction payment claim fails without reference date

    The validity of a payment clam in a construction contract requires a number of criteria to be fulfilled; one of which is the inclusion of a reference date. Lewence Construction Pty Ltd's failure to include this crucial element proved to be a costly mistake. The court's ruling on this matter should leave no doubt that a reference date in a construction contract is a precondition to making a payme...

MST Lawyers

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Are your employment contracts fit for purpose?

    For administrative convenience and to streamline payroll function, employers will often pay employees an all-inclusive salary or wage rate to compensate for all entitlements payable under a Modern Award. If this intention is not meticulously described in an employment contract, employers remain exposed to claims for unpaid award entitlements, despite these above-award payments.

MST Lawyers

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Fair Work Commission Penalty Rate Reductions – 23 February 2017

    Throughout 2015 and 2016, the Full Bench of the Fair Work Commission ('FBFWC') has taken submissions, and heard evidence, over a total of 39 hearing days, regarding the variation of weekend and public holiday penalty rates, for six modern awards, in the hospitality and retail sectors. Today, the FBFWC decided to vary Sunday, Public Holiday, and Late Night penalty rates in some of these awards.

  • Franchising Cases 2016: Lessons Learned

    2016 was an interesting year in the franchising and business sector, with the introduction of new laws relating to unfair contract terms, high-profile scandals regarding employee underpayments and the collapse of several large and previously successful retail brands. This article provides a summary of some of the interesting franchising court cases decided in 2016 and the lessons to be learned fro...

  • Cross-Border Insolvency Disputes – It’s All In The Detail

    The Cross-Border Insolvency Act 2008 (Cth) (Act) has undeniably simplified international insolvency disputes. But some recent cases highlight that there might be more to the law than meets the eye. These case reports from Alicia Hill and Nicholas Yusuf cover some recent decisions and their practical impact for insolvency practitioners.

MST Lawyers

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Is your business to business lease governed by the Retail Leases Act 2003 (Vic)?

    There has been a gradual broadening of leases that fall within the definition of “retail” under the Retail Leases Act 2003 (Vic) (RLA). It is important that you understand your rights and obligations under these revisions. For many there is still confusion as to whether or not the RLA applies to various leases where the permitted use is for services.

  • Scope widened for Will challenges by stepchildren

    In early 2015, new laws relating to Will challenges were introduced in Victoria. These amendments created new eligibility requirements for making an estate claim. The Supreme Court recently endorsed a broad definition of a "stepchild" to include a child of the deceased's domestic partner.

MST Lawyers

Category: Content
Type: Blog Article

Generated 2 months ago

MST Lawyers

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Parenting orders and court proceedings. Can you legally travel overseas with your children?

    Separated parents must adhere to parenting orders and other legal obligations when considering travelling with their children. Failing to do so can result in significant and long-term consequences.

  • Going, Going, Gone: Real Estate Agent Franchisor’s Liability Downsized

    Important news for real estate franchisors. A recent Supreme Court of Victoria ruling has greatly reduced the risk of franchisors being found jointly and severally liable for the misconduct or negligence of their franchisees.

  • Consideration when bringing legal proceedings

    Prior to commencing litigation in any jurisdiction serious consideration needs to be given to whether the commencing party has a claim to bring which has the prospect of being successful and whether there are sufficient financial resources to see the proceedings through to the end. This article considers a case where a lack of apparent financial resources of the commencing party resulted in the ...

  • Is this good news? ACCC reports significant drop in the number of franchising complaints

    Since the introduction of the new Franchising Code in January 2015, there has been a drop in the number of franchisees reporting issues to the ACCC. This is in contrast to overall complaint volumes received by the regulator, which have increased significantly over the two years.

  • ‘Tis the Season to Update Your Will and Enduring Powers of Attorney

    For many families, experiencing the grief of losing a beloved family member is compounded by having to negotiate stressful litigation due to the lack of a current legal Will. As the new year gets underway, it is advised that you take the time to review or prepare your estate planning to ensure some peace of mind for the important people in your life.

  • Australia’s consumer legislation: NOT girt by sea

    Businesses operating in Australia are expected to respect and operate within the guidelines set within our Federal laws. Failure to do so can lead to substantial penalties as incurred by Valve Corporation.

  • Breaking the law to retrieve a child snatched by a parent

    Over 200 Australian children are abducted every year by their own parents and taken overseas, usually as a result of a custody battle. Listen to MST Lawyers' Senior Associate and Fellow of the International Academy of Family Lawyers, Amanda Humphreys, as she interviews with Andrew West of the ABC Radio National's Summer Breakfast answering questions about child abduction

  • The Importance Of Understanding Your Franchise Agreement

    Modern franchise agreements are becoming increasingly complex and contracting parties need to fully understand their rights and duties under them. As this article demonstrates, clear and specific language can make all the difference to court outcomes should disputes arise.

  • Food Industry Franchise Workers Targeted By New Union

    It is the mission of the Retail and Fast Food Workers Union to bring back penalty rates for employees of major retail and fast food chains. Will they be successful and what will it mean?

  • Workplace Christmas Party Pitfalls

    With Christmas fast approaching, companies are in the throes of hosting their 2016 Christmas parties. To avoid a litigious start to the new year, it is important that employers remind their staff of their responsibilities.

MST Lawyers

Category: Content
Type: Blog Article

Generated 6 months ago

Out-Market Your Competitors?

Get complete competitive insights on over 2.2 million companies to drive your marketing strategy.

Create Free Account Log in

Out-Market Your Competitors

Get complete competitive insights on over 2.2 million companies to drive your marketing strategy.

Create Free Account

Already a user?  Log in