Spectrum Lawyers and Consultants in Altona, Victoria, Australia | Lawyer & law firm

Spectrum Lawyers and Consultants

Locality: Altona, Victoria, Australia

Phone: +61 428 545 688

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25.01.2022 Copyright grants exclusive rights to the original designer (unless assigned to another party) to enable them to determine how their work can be used. Here's 5 facts about copyright that are useful to know: Copyright protects artistic and literary works. For architectural plans, this may include the visual features of the design such as the shape, configuration, pattern and ornamentation The design must be in material form (not simply an idea) and must be original Copyri...ght generally lasts for the author’s life plus 70 years You should have a service agreement to clearly identify who owns copyright if you are engaging a third party to draw the material form of your design or if you want to owner copyright in someone else’s design, you should ensure you have an effective copyright assignment Copyright of a design is infringed if there is a direct or indirect copying of a ‘substantial part’ of the artistic work Chat to us if you'd like to learn more: https://bit.ly/331tuVt

25.01.2022 HAPPY FATHERS DAY From all of us to all the dads and grandads, we wish you a very happy Fathers Day. You may not be able to celebrate with your loved ones, but we hope you are still shown love and appreciation. To my dad and @fredricko76, I hope you have a special Fathers Day today, and hopefully soon we can celebrate together. Thank you for everything always ... #fathersday2020 #appreciationandlovetodads #spectrumlawyers

25.01.2022 Before entering into any agreement, it is important to know who you are contracting with. You should ensure all engagement agreements are completed with correct, full entity names to protect you should you need to enforce your agreement, recover payments or issue legal proceedings. Chat to us to learn more: https://bit.ly/331tuVt

24.01.2022 We have uncomplicated the complicated Preparing a Will does not need to be daunting or something you put off for another day. We have streamlined our processes so preparing a Will can be done remotely from the comfort of your home through personalised online forms, video/phone conferencing and tailored consultation. #spectrumlawyers #yourwillyourchoice #flexibility

24.01.2022 During Stage 4 restrictions, renovation works are prohibited if the premises are occupied, except where the work is urgent and essential. Also, any owner who is required to stay home in line with the Stay at Home Direction is committing an offence by allowing a contractor/builder onto the premises to carry out non-urgent renovation works. More tips: Premises includes the land where the building is located, so therefore any external renovations (where the home is occu...pied) are also excluded unless they are urgent and essential An owner may not vacate their premises to move to a second residence to allow the renovation work If the premises are unoccupied, then the renovation works can continue as long as the applicable small-scale construction work restrictions are adhered to Workers must be mindful not to car-pool (unless the individuals reside in the same property or the passenger does not have a license) Workers (excluding supervisors) must limit movement between multiple sites to no more than three sites per week (except in permitted circumstances) and must provide a written declaration to the owner/builder to confirm this and provide details of the other sites Contact us if youd like to learn more: https://bit.ly/3iya3sG

24.01.2022 From 11:59pm on Wednesday 5th August 2020, employers that require their staff to attend a work site must issue a worker permit to their employees. This is the employers responsibility, and the fine for non-compliance is up to $19,826 (for individuals) and $99,132 (for businesses). Please click on this link for some important information and the required permit form. ... https://www.justice.vic.gov.au/permitted-worker-scheme

23.01.2022 It is important when making a decision to prepare a Power of Attorney, that you understand the difference between a General Power of Attorney and an Enduring Power of Attorney. That is, an Enduring Power of Attorney will continue to operate after you have lost your mental capacity to make your own decisions, whereas a General Power of Attorney will not. It is common for a General Power of Attorney to be prepared for a specific purpose (for example, you are going on a holiday ...or to cover a specific event) whereas an Enduring Power of Attorney is prepared for those wanting to protect themselves longer term. #enduringpowerofattorney #spectrumlawyers

23.01.2022 Its so important to us that our clients who are home owners feel supported and guided through any challenges they may face during their build journey. Thank you, Susan and Stephen for your wonderful feedback

22.01.2022 Do you even have a Will? If you do have a Will, when is the last you read it or updated it? Are your Executors, Guardians and Beneficiaries still the right people? ... Have your wishes or exclusions changed since you prepared your last Will? Do you and your Executor know where the original Will is stored? #spectrumlawyers #willsandpowersofattorneyareimportant #protectyourlovedones #wills

22.01.2022 Contracts come to an end for a variety of different reasons, but heres a breakdown of the most common reasons and what they all mean. A repudiation occurs where one party shows an intention to no longer be bound by the terms of the contract. A common example is when someone might take possession of a property without payment A breach of contract is where one party does not comply with an essential term of the contract which results in a substantial loss to the other part...y, and A mutual agreement is when both parties agree that they want to end the contract When it comes to terminating a contract, there are some vital steps you must take: A Notice of Intention to Terminate (which clearly identifies the breach and provides an opportunity for the defaulting party to remedy the breach within a defined timeframe, and also identifies that if the breach is not remedied then the party reserves the right to end the contract) Notice of Termination (referring to the Notice of Intention to Terminate and bringing the contract to an end) Proper service of the above notices is critical It should also be remembered that a party cannot terminate a contract if they themselves are in breach. Chat to us to learn more: https://bit.ly/2ZKehGW

22.01.2022 Have you ever been out for dinner or walking through a shopping centre and noticed a child screaming? Is your automatic reaction to assume the child is being naughty and throwing a tantrum? But what if it wasn't that simple? What if the child is autistic and struggling each day to find a way to understand and regulate their own emotions? My latest article explores some the struggles autistic people face every day, and methods on how to overcome them: https://bit.ly/3k9Sj7t

22.01.2022 In life, we all want guarantees understandably especially with everything going on in the world at the moment. But we also know that in life, sometimes guarantees cannot be given. And one is example is a bullet proof Will. Can a Will be contested? Yes. Will a challenge always be successful? No and that is why you need to make sure you have a proper enforceable Will drawn up, because whilst in life there are no guarantees, there are always ways in life to better protec...t and prepare ourselves. It is common for people to ask me, why do I need a Will if it can be contested? Below are two main reasons: A Will makes your intentions clear this is always the first step to defeat a challenge to a Will; A Will can also identify your intentions regarding who should NOT benefit from your Will. If drafted in a proper manner, this will assist defeat a challenge by a dependant or sibling (and will at least offer you better chances than if you did not have a Will). Contact us today to discuss preparing your Will.

22.01.2022 The cost of stamp duty will be slashed by up to 50 per cent in Victoria for new builds under a new move announced in the state budget. Read more here:https://www.domain.com.au//victorian-budget-stamp-duty-fo/

20.01.2022 No one day is the same at Spectrum Lawyers. Just like no client is the same as another client. But thats what we love - everyday is different! We love those curly questions (even if they keep us up at night); we love representing a different array of clients; and most of all we thoroughly enjoy assisting you complete your projects and resolve your disputes. #spectrumlawyers #constructionlaw #clients #noonedayiseverthesame #challengeaccepted

19.01.2022 WOO-HOO A big shout out to all the students, educators and parents who have survived what has definitely felt like the longest term!!! Hopefully the two week school holidays will offer families time to relax, re-energise and be safe... #wellbeing #remotelearning2020 #term3 #onemoretermtogo #spectrumlawyers @alishavella_ @biancav_227 @spectrum.coach

19.01.2022 If you find yourself in the unfortunate position where you have defective plumbing works and your plumber is no longer registered, you can make a Freedom of Information request to the Victorian Building Authority (VBA). Pursuant to the Freedom of Information Act 1982 (Act), the VBA can provide you the insurance details for the plumber. As the information may contain personal details of the plumber, the VBA will determine if the insurance details may be provided to you pursua...nt to section 19 of the Act. This may include a full or partial release of the information. Where the plumber has not consented to the release of the information, section 33(3) of the Act requires the plumber be advised of the decision to release the information and a period of 60 days is provided in which the plumber may appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT). If they do not appeal the decision, the VBA will provide the insurance information to you. You may be required to pay an access charge (section 22 of the Act and the Freedom of Information (Access Charges) Regulations 2014). Contact us if youd like to learn more: https://bit.ly/3iya3sG

19.01.2022 A cash flow forecast is an estimate of the amount of money you expect to flow in and out of your business. Its important to prepare one of these so that you can: Have visibility over the amount of cash coming in Ensure you have enough cash to run the business... Look at past trends to see if they apply to current trends (which can be difficult due to COVID-19) Include business to business cash flow, e.g. grants, tax rebates/refunds, interest And most importantly, remember to regularly check your actuals against your estimated.

15.01.2022 Mondays are not easy... especially in Stage 4 lockdown... but why not start the week with a check-in? Take care of yourself, your loved one and your colleagues. Be kind to yourself, dont always expect perfection and remember to stop and get some fresh air and to reflect on the good, the bad and the endless possibilities. #spectrumlawyers... @heyamberrae See more

13.01.2022 The Victorian Government has altered the Stage 4 restrictions for small scale domestic building sites. This provide some flexibility to many trades working at the commencement and finishing of domestic building work on these sites. So now for trades working at a small scale domestic building site before the base stage and after fixing stage (as defined in the DBC Act) are not limited to the 5 workers per site and 3 sites per week restrictions. However, it is important to r...emember that all employers (for any industry) have an obligation to avoid unnecessary movement of workers and document these movements under the Workplace Directions For further information on these new requirements is available on the Business Victoria website. #easingrestrictions #construction #spectrumlawyers #staysafe

13.01.2022 Based on the information released following the Premiers announcement, residential construction can continue, but with new safety measures in place. There is a lot of uncertainty including whether onsite inspections are allowed and also some further clarification needed around the wording of working on one site during Stage 4. We are liaising with industry authorities to obtain further information and we will keep you all up to date as much as we can.

12.01.2022 Heres what you need to know in terms of being prepared for Stage 4 restrictions: COVID Safe Plan: Under the Stage 4 restrictions, workplaces that remain open must have a COVID Safe Plan in place. Information and templates to prepare your workplace are available on the DHHS website Workplace Attendance Register: Further, under the Stage 4 restrictions, businesses that are open will also need to have a register of every person who attends a workplace for a period of mor...e than 15 minutes. A template from Business Victoria is available on their website Permit Worker Scheme: As of 11.59pm yesterday (Wednesday 5 August 2020), employers that require their staff to attend a work site must issue a worker permit to their employees. The employee must have the permit with them at all time when travelling to and from work. Templates for permits can be found on the DHHS website Remember to look after yourself: Everyone affected by Stage 4 must stay within 5kms from their own residential home when going shopping or exercise. To assist you understand how far you can travel within the 5km radius see the map provided on the Department of Premier and Cabinet website Wear a mask: Everyone in Victoria must wear a mask when leaving home (unless a valid exception applies) Learn more here: https://www.dhhs.vic.gov.au/coronavirus

11.01.2022 Under section 9 Defamation Act 2005 (Vic), a corporation may not bring a cause of action for defamation about the corporation unless it is an excluded corporation. An excluded corporation is not a public body and is an organisation either formed not to obtain financial gain, or is an organisation that employs fewer than 10 persons and is not related to another corporation. It is also important to remember that a claim for defamation is not simply an action to take when you... dont like what someone is saying about you, there are some essential elements that much be proven which include: There must be a publication or the statement must be communicated The statement must be of a defamatory nature (that is a blatant lie or false representation) which causes harm or damage to your reputation The statement must identify you or your excluded corporation There must be no lawful excuse or an allowable defence to make the statement Chat to us to learn more: https://bit.ly/301COrr

11.01.2022 A party is an entity/person who has the right to directly participate in a case at VCAT. Under s60 of the VCAT Act, any person/entity can be joined as a party. VCAT may join a party if it considers that: The person ought be bound by, or have the benefit of, a VCAT order The persons interests are affected by the proceeding It is desirable that the person be joined as a party... Contact us if youd like to learn more: https://bit.ly/3iya3sG

09.01.2022 If you are responsible for the design and construction of a building project, then its important to make sure you enter the correct form of contract. A construct only contract applies when the builder/contractor receives the design from the Principal (or third-party designer engaged by the Principal) and the builder/contractor carries out the works in accordance with that design (examples of these contracts include AS 4000 or AS2124). Whereas, under a design & construct ...contract, the builder/contractor is responsible for both the commissioning of the design and the actual construction works (examples of these contracts include AS4300 or AS4902). It is common for the Principal to provide preliminary design documents, but the Principal will bear very limited responsibility for the design where the contract is a design & construct, as under this form of contract, the builder/contractor takes the responsibility for the design. Therefore, if the Principal wants to retain control of the design they will usually enter into a design & construct contract. On the other hand, if the Principal prefers the builder/contractor to engage the design team (whether directly or by novation), and there happens to be a defect or claim, then the Principal will have recourse against the builder/contractor. Chat to us if youd like to learn more: https://bit.ly/3iya3sG

09.01.2022 Service to Spectrum Lawyers & Consultants is not only about providing legal advice, it is also about providing tailored & practical advice commercial outcomes lessons learnt to avoid similar mistakes you with other specialist consultants to help your business grow - including Spectrum Coach

09.01.2022 For a claim to be considered, you must satisfy the Court on the balance of probabilities three elements: The negligent party has a duty of care to the other party That negligent party has breached that duty of care... The other party suffered harm/loss as a result of that breach Therefore, when bringing a claim, you should also consider whether you may be able to bring a negligence claim. Chat to us if youd like to learn more: https://bit.ly/3iya3sG

09.01.2022 Electronic direct marketing (EDM) involves using personal information to communicate with an individual for the purpose of promoting your goods or services. Whilst it is very common, it is critical that you understand the rules governing this form of marketing to avoid a breach of the Australian Privacy Principles (APP). APP 7 provides that (except where exceptional circumstances apply), a business must not use or disclose personal information for the purpose of engaging in d...irect marketing unless the business satisfies the exceptions. In summary, some of the exceptions include: You have collected personal information from an individual and they would reasonably expect your business to use their personal information for direct marketing, or ideally you have obtained their informed consent You always provide a prominent option to ‘opt out’ if they no longer wish to receive your communications Businesses should also ensure that customer’s personal data is stored in accordance with the Privacy Act 1988 (Cth) and in accordance with your Privacy Policy. Contact us to learn more about EDM and privacy principles : https://bit.ly/3jT2duc

09.01.2022 Important COVID-19 Construction Update The Government has now provided a Stage 4 Construction Guidance. Find out everything you need to know here: https://bit.ly/3kpicS8

08.01.2022 Recently in the County Court of Victoria in Angela Frances Livingstone v City of Melbourne [2020] VCC 1775, the Council was ordered to pay damages to the Owner in the amount of $435,510.08. This was to enable the Owner to demolish and rebuild her home after the Council planted a tree which caused damage to her home. In this case, the Council planted the cedar tree in about 2009 and cracks started to appear in about 2012. Despite a tree root barrier installed by Council in 20...15, damage in the home continued. The Council denied the tree caused damage to the home and instead said the Owner had contributed to the damage. Judge Peter Lauritsen found that Council ought to have known that damage would arise from the planting of this tree so close to an old building where the foundation soils are clay and highly reactive. This is an important decision when it comes to trees being planted after a home is constructed, as it establishes where a Council is put on notice by the Owner about damage occurring, they cannot state that an Owner must simply upgrade their own foundation (and ignore their own responsibilities). Moving forward, we would expect this case to also be relied upon by Owners who engage third parties. For example, a landscaper might provide landscaping designs but those landscaping designs fail to take into account foundation soils and damage to their home is caused. Chat to us to learn more: https://bit.ly/331tuVt

07.01.2022 Victorias roadmap to reopening can be found on the DHHS website. We provide further details over the next few days/weeks. https://www.dhhs.vic.gov.au/victorias-restriction-levels-co

06.01.2022 "We have recently engaged Donna of Spectrum Lawyers & Consultants and we appreciate her honest feedback and guidance on our projects. The team and I in the Melbourne office have been really impressed with the level of service and sound legal support, so much so that we have now recommended Spectrum Lawyers & Consultants to come on board as our Legal Counsel in our Canberra Office." - Moe Akbulut, Managing Director, Synergy Building Group

05.01.2022 Adapting to a pandemic is something weve never had to do before. We are fortunate to have established our law practice to operate remotely, but with homeschooling, VCAT hearings via videoconferencing and ever changing restriction guidelines - its been interesting developing a new normal. Read more in our latest article: https://bit.ly/2PEXsI4

05.01.2022 Section 24A of the Building Act has been introduced to ensure that from 1 December 2020 a building surveyor checks whether the name of a builder (who is a member of a partnership) and that partnership are named and matched correctly in the major domestic building contract and certificate of insurance. The Victorian Building Authority has said that this change has been introduced in an attempt to strengthen the construction industry and maintain Victoria’s trust in builders ...and building surveyors. This is a timely reminder to all building surveyors and builders to ensure your process and checks are compliant with the new rules. #spectrumlawyers #constructionlaw #buildingsurveyors #buildinginsurance #newrules #vba

05.01.2022 Do I need a lawyer to draft a Will or can I just leave a detailed letter? Whilst technically you don’t need a lawyer to draft your Will, you do need to satisfy legal requirements to ensure your Will is valid. A letter does not meet the legal test to be a valid Will. Either does telling your loved ones. Some things are just too valuable to take chances, and your Will is definitely too important to get wrong. ... Just because my son thinks he’s an artist doesn’t mean he is... although we love the way he sees his family - how do you see your family, and have you protected them as best as you can? #protectlovedones #yourwilldone right #dontprocrastinate #spectrumlawyers

04.01.2022 HAPPY FRIDAY After a crazy few months, and what is no doubt going to be an even crazier few months coming up, we took some time out today for some home learning and family time. Working from home definitely has had its challenges for many, but likewise the extended home learning is taking its toll on the children too.... #happyfridayeveryone #spectrumlawyers #homelearning #mentalwellness #worklifebalance

04.01.2022 How well do you understand the details of an Occupancy Permit and Notice of Completion? The effectiveness of these documents will often come down to how carefully you've prepared them. Contact us to review your documentation or provide further advice: https://bit.ly/3jT2duc

04.01.2022 Often clients ask who is entitled to see a Will upon their death. A list of the people who have the right to view (and copy at their cost) the Will is set out in section 50 of the Wills Act 1997 (Vic): any person named in the Will (or the parent of this person if they are a minor)... any person named as a beneficiary in an earlier Will; the spouse or domestic partner of the testator; any parent, guardian or children of the testator; any person who would be entitled to a share of the estate if the testator died intestate (or the parent of this person if they are a minor); any creditor or other person who has a claim at law or in equity against the estate.

04.01.2022 Its critical to have agreements in place with your subcontractors and suppliers to protect your business from issues like: Warranties & indemnities Title and risk Fees and set-off... Variations to services Intellectual property Force majeure Confidentiality Contact us if youd like to learn more: https://bit.ly/3iya3sG

03.01.2022 A Builder is not entitled to claim monies (including a deposit) until after they issue the Owner with a copy of the domestic building insurance. This is a requirement under paragraph 7 of the Domestic Building Insurance Ministerial Order dated 23 May 2003, and will also be set out in your Building Contract. Chat to us if youd like to learn more about this topic: https://bit.ly/301COrr

03.01.2022 The Business Victoria website has been updated to reflect the changes the Victorian Government has introduced to the construction industry. Amendments include: The definition of specialist contractor has been expanded, and these contractors are now restricted to 3 sites per day Clarification that those required to meet minimum statutory obligations or requirements (for example, auditors, building inspectors or surveyors) are not limited to movement between sites... Clarification that a construction site will be deemed a large-scale construction site where the site is more than 1,500m2 floor size (inclusive of all floors) The definition of early stage land development has been expanded As the restrictions are changing regularly, we will continue to provide further details as they come to hand. Visit the Business Victoria website for more details: https://bit.ly/3axPjOV

03.01.2022 With COVID-19 ravishing our economy, weve all been sitting here waiting for house prices to drop. But they havent. In fact, in every capital city except Darwin, prices are now higher than they were a year ago. There are six key reasons why house prices arent plummeting, yet. Check out the article here: https://bit.ly/2ZyzK5s

03.01.2022 today and always we will remember

03.01.2022 In light of the introduction of Stage 4 restrictions in metropolitan Melbourne, the government has approved an extension of 3 months to the construction commencement requirement. This means that all applicants for the HomeBuilder Grant in Victoria have 6 months from the signing of the eligible HomeBuilder contract to commence construction. Read more here: https://www.sro.vic.gov.au/homebuilder-grant-guidelines

03.01.2022 At the moment, it is easy to feel a bit lost and overwhelmed. But, tomorrow is the start of spring, so try to focus on new beginnings and new challenges #springtime #newbegginings #focusonyourgoals #spectrumlawyers #lookforwardnotback

03.01.2022 How much time do you spend managing your e-mails every day? An hour? A few hours? Maybe half a day? And just when you think youre on top of them, somehow theres a sea of new messages you need to respond to. Here are some tips on how to manage your inbox, instead of it managing you: Unsubscribe from irrelevant mailing lists (rather than just deleting them) Use the categories function in outlook to sort emails into categories such as urgent; waiting on client; 1 week ...follow up etc Review your to-do list from the bottom (because they are usually the jobs you are putting off), and Set time in your calendar every day for admin time never underestimate how important this is to clear the decks. Most importantly, make sure that you are setting your priorities yourself, rather than the lure of a new email popping up and distracting you from your days goals.

02.01.2022 Tonight I would like to show my appreciation to my clients for allowing me to do what I love (although differently during Stage-4 restrictions). From builders, surveyors, plumbers, contractors, and owners I would like to thank you all for trusting me to work alongside you and your teams during these times. #gratefulformyclients #spectrumlawyers #constructionlaw #stayingpositive #surroundyourselfwithgoodpeople

01.01.2022 Since the Coronavirus pandemic began, new data has shown a surge in certain online search terms with homebuyers hunting for their next property. Check out what everyone is searching for here: https://bit.ly/2E3k6az

01.01.2022 We excited to announce our new office details!! #spectrumlawyers #newofficespace #worknearthebeach #worklifebalance

01.01.2022 Today a three-month extension was announced to the HomeBuilder grant. The grant is now available until 31 March 2021, but the grant is reduced to $15,000. The other changes include:... the maximum value of an eligible home is increased to $950,000 (in NSW) and $850,000 (in Victoria) (all other States and Territories remain at $750,000). the time to commence construction after signing your building contract is reduced to three months.