MST Lawyers in Mount Waverley, Victoria | Local service

MST Lawyers

Locality: Mount Waverley, Victoria

Phone: +61 3 8540 0200

Address: 315 Ferntree Gully Road 3149 Mount Waverley, VIC, Australia

Website: http://www.mst.com.au

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18.01.2022 In a recent decision of the Federal Court, ASIC v Bettles [2020] FCA 1568, ASIC hit a road bump in its claim that Worrells partner Jason Bettles aided and abetted illegal phoenix activity in 2016. ASIC’s pleadings being ordered to be repleaded as ‘incoherent’ is a victory for Mr Bettles, but the proceedings are far from over. Read more at: https://www.mst.com.au/asic-suffers-setback-in-proceedings/

17.01.2022 On 24 September 2020 the Morrison Government announced significant reforms to Australia’s insolvency framework. The reforms are targeted at the small business sector and provide for a new debt restructuring process for businesses with liabilities of less than $1 million. The changes are expected to commence on 1 January 2021 and anticipate a rise in the volume of insolvencies within the small business sector as various COVID-19 government support measures are wound back. Read more at: https://www.mst.com.au/morrison-government-announces-insol/

16.01.2022 The ‘Commercial Tenancy Rent Relief Scheme’ (the Scheme) was extended to operate until 31 December 2020. Originally set to expire on 28 September, the extension includes various amendments. Two major changes involve strict compliance and proportionality. These changes mean that tenants need to urgently apply to landlords or face losing the right to relief. Learn more at the following link: https://www.mst.com.au/commercial-tenancy-rent-relief-aler/

09.01.2022 It is not uncommon to find clauses in franchise agreements which restrict certain business activities of franchisees after the term of a franchise agreement has come to an end. These are often called post-term restraints. Such clauses may seek to impose restrictions on a former franchisee conducting a competing business or from poaching clients or staff from the franchisor or other franchisees in the network. Read more at: https://www.mst.com.au/back-in-motion-undertakes-not-to-en/

09.01.2022 Raynia Theodore, a principal at MST Lawyers, is acknowledged as one of Australia’s leading franchise lawyers, having focused her practice in the franchise sector for more than 20 years. See her Who’s Who Legal profile at: https://whoswholegal.com/raynia-theodore

05.01.2022 While Victorians this week welcomed an easing of COVID-19 lockdown restrictions, current advice from the Department of Health and Human Services remains for our employees to continue to work from home. The team at MST Lawyers has operated remotely throughout the restriction period and our staff remains ready to assist you with your legal needs. We are continually monitoring advice from government regarding the reopening of our offices and will provide a further update when it is possible to welcome you in person once again. In the meantime, we will utilise our remote working capabilities to continue our operations as business as usual.

02.01.2022 In the recent case of Taylor (liquidator) v Trustee of the bankrupt estate of Heading [2020] FCA 1450, the Federal Court considered the circumstances in which leave will be granted for an insolvent trading action against a company director who has previously been released from debts provable in bankruptcy. Read more at: https://www.mst.com.au/a-reminder-to-company-directors-dis/

02.01.2022 The recent case of Meetfresh Franchising v Ivanman Pty Ltd is a timely example of the applicability of force majeure clauses in franchising agreements. It also demonstrates the burden of proof borne by franchisors claiming a force majeure defence. Please see the article for detailed analysis of this case. https://www.mst.com.au/case-note-meetfresh-franchising-v-i/