It’s a scenario becoming all too common across Victoria: a landlord and tenant sign what appears to be a standard commercial lease. All seems well for years until a dispute arises, or the tenant, facing rising costs, makes a startling claim: the lease is, in fact, a retail lease governed by the Retail Leases Act...
Introduction: A Game-Changing Decision for Victorian Retirement Housing On 7 July 2025, Victorian Civil and Administrative Tribunal (VCAT) President Justice Ted Woodward delivered a landmark ruling that fundamentally challenges the business model underpinning Victoria’s land lease community sector. In proceedings brought by over 80 residents of the Wollert Lifestyle Community against Lifestyle Management 2 Pty...
Published by Hayton Kosky Lawyers – Melbourne’s Trusted Estate Planning Experts Since 1991 When Sarah’s father passed away last year, she thought his handwritten will would be straightforward to execute. After all, he’d carefully listed his assets and named his beneficiaries in what seemed like clear, simple language. Twelve months and $45,000 in legal fees...
The recent NSW Supreme Court decision in [case name withheld] presents a fascinating intersection of human complexity and legal categorisation that challenges our traditional understanding of inheritance rights [1]. Justice Peter Brereton’s ruling, which awarded an entire $300,000 estate to a former partner despite their tumultuous nine-year on-again off-again relationship, illuminates the profound difficulties courts...
Deciding on the right legal framework for your business is a cornerstone of long-term success. The choice between a corporate (Pty Ltd) structure and a discretionary family trust is a critical one for Australian entrepreneurs, with significant consequences for your liability, tax strategy, and future growth. While both are powerful options for holding a business,...
The promise is seductive: sell your large family home, pocket the difference, and move into a sleek apartment where someone else handles the maintenance while you enjoy your golden years mortgage-free. Government incentives sweeten the deal with superannuation concessions and stamp duty breaks. Real estate agents paint pictures of carefree living with resort-style amenities just...
On a crisp Friday morning in July 2025, as the winter sun cast long shadows across the red earth of the Mallee, three proud First Nations communities received news that their ancestors had been waiting to hear for more than two centuries. In a landmark Federal Court ruling that will forever change the landscape of...
Protecting Property Buyers from Hidden Defect Exclusions When purchasing property, the excitement of finding the perfect home or investment can overshadow one of the most crucial steps in the transaction process: obtaining a professional review of the contract of sale before signing. Overlooking this step can be costly, as many standard contracts contain clauses that...
In the quiet suburban streets of North Warrandyte, Melbourne, a seemingly trivial dispute over a 26-meter stretch of fence has erupted into a conflict that bears a striking resemblance to some of the world’s most contentious international territorial disputes. The recent controversy involving ABC personality Myf Warhurst and her neighbour Karla Martinez offers a fascinating...
The Underestimated Risk Artificial Intelligence (AI) is transforming legal practice, but the impact differs starkly between generations. While seasoned lawyers leverage AI to augment their capabilities, many early-career Australian lawyers risk professional failure through uncritical dependence on AI-generated content. The core issue isn’t technological adoption—it’s quality control. The ability to assess the accuracy, appropriateness, and...
