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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23.01.2022 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/

22.01.2022 The recent case of Greenham v Greenham [2020] VSC 749 is a timely reminder of the need for clients to review their wills and estate plans every three to five years. The case involved the estate of the late Ethel Elizabeth Greenham which included three valuable water shares in relation to the Murray River Water system. As the deceased had not specifically dealt with the water shares under the terms of her will, this led to a costly court fight between her children which could have been avoided had the will been reviewed at least once since it was made in 2003. Read more at: https://www.mst.com.au/the-costly-pursuit-of-the-meaning-o/

20.01.2022 In the recent case of Langbein v Mottershead Investments Pty Ltd (No 3) [2020] FCA 1790, the Federal Court of Australia considered an appeal regarding issues of valid consideration and an assignment of warranty. This case illustrates the complexities that may arise regarding the separation of business interests, release of restraints and assignment of warranties. It is important for all parties to know their obligations and rights with regards to assigned warranties, and clear language in a cohesive document will assist in avoiding later disputes. Read more at: https://www.mst.com.au/assignment-of-warranties-you-cant-h/

18.01.2022 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.

17.01.2022 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/

16.01.2022 On 23 November 2020, the Victorian Government announced that $5 million would be allocated in its 2020/21 budget towards the Secure Work Pilot Scheme. It is proposed that casual workers in sectors with high rates of casualisation, such as cleaners, hospitality, security, supermarket and aged care, will be entitled to take up to 5 days of paid sick and carer’s leave each year, paid at the national minimum wage. Read more at: https://www.mst.com.au/sick-leave-for-casual-employees/

13.01.2022 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

11.01.2022 Following the breakdown of your relationship, whether marital, de facto or same sex, can be a very distressing and highly emotional time. You may find yourself having to contemplate issues relating to children, finances and property caused by the change in your circumstances. It is important to develop an action plan. At MST Lawyers our Family Law team is offering a complimentary 45-minute initial consultation. If you would like advice or assistance in taking the next step, please do not hesitate to contact us. Read more at: https://www.mst.com.au/five-things-to-consider-when-contem/

08.01.2022 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/

07.01.2022 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/

05.01.2022 As the reality of the COVID-19 pandemic hits the commercial sector, there has been an increase of businesses challenging the legal arrangements under which they occupy premises. Often their inability to pay rent forms the basis of a dispute. Such a dispute arose in the recent VCAT decision of Sumbul Holdings Pty Ltd v LDZ Pty Ltd (Building and Property) [2020] VCAT 1272 where an occupant butcher who had fallen into arrears, challenged the nature of their occupation with a view of obtaining relief. Read more at: https://www.mst.com.au/is-it-a-lease-or-a-licence-what-doe/

03.01.2022 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/

02.01.2022 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/

02.01.2022 The Victorian Government has announced that the Commercial Tenancy Relief Scheme (the Scheme) will be extended to 28 March 2021. From 1 January 2021, when the extension will take effect, if you want to request rent relief for the period 1 January 2021 until 28 March 2021, you will need to make a new written application to your landlord on or after 1 January 2021, providing all the necessary information required by the extended Scheme. The following article details what is required for such an application: https://www.mst.com.au/government-extends-commercial-tenan/

01.01.2022 The COVID-19 pandemic has created a climate of vulnerability for small businesses impacted by trading restrictions and unfair business practices. Throughout 2020, small businesses have faced a host of challenges, including threats of eviction, the failure of large companies to pay invoices, requirements for franchisees to pay franchise fees despite trading restrictions, unfair contract terms and anti-competitive conduct. In response, the ACCC has released simplified and accessible guidelines to support small business and franchises impacted by COVID-19 which are summarised in this article. Read more: https://www.mst.com.au/to-trade-or-not-to-trade-accc-guide/