Younsel Legal Insights

Learn how to get access to your medical records in accordance with Australian law. Find out your rights, exceptions and how to challenge refusals.

Learn the legal principles for validly exercising an option to renew a lease with expert guidance. Avoid disputes and ensure compliance with essential requirements.

Learn about a case in Australian Federal Court where a tenant was able to claim possession of $433,000 found in her rental property, even if she had no knowledge of it. The court found that control and intent played a pivotal role in establishing possession. Understand the significance of possession in regards to property rights by reading this legal article.

Learn about a trade mark dispute between a clothing company and Time Warner Entertainment Company over HARRY POTTER. Find out what legal grounds were used and how the Federal Court ruled.

Learn what to do if you are facing eviction due to rent arrears. Follow the legal procedures to avoid being illegally evicted and keep your home.

Learn about the increase in reported crimes in Ringwood/Maroondah, including family violence and sexual assault, and the expertise of Dribbin and Brown's Ringwood lawyers in defending against criminal charges. Contact a Ringwood lawyer immediately for the best chance in court.

Learn about the legal requirements for assigning a debt in cases of default, and how proper drafting of assignment documents and notices can prevent challenges. The recent case of Clark v Gallop Reserve Pty Ltd is examined, providing valuable insights for lenders, debt buyers, and guarantors looking to enforce debt facilities. The article discusses the legal obligations and technical aspects when assigning debt, and how an accurate and comprehensive definition of assigned property can impact the validity of the assignment.

Learn about the recent High Court decision in Australia regarding employees' personal liability for false and misleading conduct in trade and commerce. In Houghton v Arms [2006] HCA 59, employees were held to be personally liable for damages when their employer was insolvent. This case highlights the potential consequences for employees who make such representations, even if unintentional. Legal advice can help reduce personal exposure.

Learn about the legal duties of directors and their potential criminal liability when failing to act in good faith or abusing their position for personal gain. Find out more here.

Learn about the nature of e-commerce and how it combines technology and business for buyers and sellers. Discover why it's growing and how Amazon.com is a successful example.

Learn about the recent court decision regarding misleading advertising claims in the 'Battle of the Brews'. Reminder of the need for reliable sales data and proper disclaimers. Legal implications to consider.

Find out about employer obligations for parental leave pay in Australia, as guaranteed under the Paid Parental Leave Act 2010 (Cth), and how to claim it.

Learn about the legal nuances of the ISPT Nominees v Commissioner case, including the assessments, challenges, and court of appeal decision. This article examines trusts, equity, and the Statute of Frauds, while exploring the elements of section 73(2A) and the issue of nominal consideration in transfers.

Is Entrapment a Defence in Australian Law? Unlike the US, there's no entrapment defence in Australia, but case law shows courts may consider entrapment for sentencing reductions. Learn more here.

Learn about insurance coverage for multiple parties and the definition of "the insured" in liability policies. This analysis of a NSW Court of Appeal ruling examines the interpretation of an exclusion clause in a policy covering a primary insured, its subsidiaries, sub-contractors, and others "for their respective rights, interests and liabilities." The case hinged on the question of whether "the insured" referred solely to the party seeking indemnity or to all insured parties. The decision highlights the importance of carefully drafting policies that cover multiple interests and specifying the respective rights of primary and additional insureds.

Learn about frustrating action in takeovers with the final guidance note released by the Takeovers Panel. Exceptions and shareholder approval details included. This legal principle allows the Panel to issue a declaration of unacceptable circumstances if target directors take action that triggers a defeating condition in the offer without shareholder approval. There are exceptions, but approval must be a disinterested, informed majority vote. This principle does not cover ‘poison pills’ (pre-emptive action the target directors take in the absence of an offer designed to protect against future change of control). The operation of the principle is unclear where a potential offer has been made but not announced. Get the details in this article.

Learn about the new thin capitalisation and debt/equity rules affecting entities in Australia. The changes may limit deductions for borrowings. Review financing arrangements to ensure tax compliance. Get a summary of the rules, how they apply to interest payments and dividends, and their effects on different types of entities such as inward and outward investors, ADIs, and groups. Transitional measures apply. Obtain specific advice on how the new rules affect your arrangements. As a matter of urgency, plan restructuring financial arrangements before the end of the first income year commencing July 1, 2001.

Discover how search warrants are issued in Australia. Strict principles must be followed and the issuing justice must be satisfied before granting a search warrant. Learn about the procedural elements, reasonable grounds and the use of force when executing search warrants. This article highlights the importance of upholding privacy, family, home and correspondence rights as well as avoiding general warrants to limit the scope of the search authorized by the search warrant.

Victoria bans the sale and display of cannabis water pipes, or bongs, with a maximum fine of $7,167 for natural persons and $35,835 for body corporates. The new law also limits the sale of hookahs, allowing only three to be displayed, with fines of up to $1,194.50 for individuals and $5,972.50 for corporations found to exceed this amount. The police must return seized items to rightful owners in certain circumstances, but the Court can order destruction of items in case of an offense.

This article explores common law rules surrounding the creation and assignment of leases, covering legal and equitable leases, yearly tenancies, privity of contract and estate, and covenants that 'touch and concern' the land. The rules are contextualized for both Torrens and registered leases.