“Quiet Enjoyment” and Repairs in Leases
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Supreme Court of WA recently considered a commercial leasing dispute. Telstra leased office space inPerth. It had relocated all staff, but left furniture in the premises. The lease still had 10 months to run and Telstra was trying to sub-let for the balance of the term. After staff had moved, the landlord commenced major building work. Walls and internal rooms were knocked down, carpets were stripped and much of the ceiling was replaced. Telstra had agreed to minor work being done, but when it discovered the extent of the work it immediately terminated the lease. Read the rest of this entry »
Union Membership & Employment
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Federal Court recently fined a company for breaches of the Fair Work Act (at its predecessor) for refusing to employ two workers, who were married, because they were not Union members. This was a form of prohibited ‘adverse action’ under law. Read the rest of this entry »
“Getting a Divorce” Aint Getting a Divorce
David Gawthorne is a Senior Solicitor at Mullane & Lindsay in Newcastle and an Accredited Specialist in Family, Relationship and Matrimonial Law
Often when married couples talk about getting a divorce, what they really mean is that they are going though a process of separating out their property and financial resources, and putting in place arrangements to care for and spend time with their children. Any dispute about these financial and parenting issues can actually be addressed at any time after separation, by means of negotiation or through the Court processes where necessary. Strictly speaking, an Application for Divorce only brings an end to the formal marital status of the parties. Read the rest of this entry »
Club Bistros – Put a Contract on the Menu
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Mr Stephenson ran a bistro at a sporting club in Sydney. There was a written contract to do so. It allowed the Club to require Mr Stephenson to meet “reasonable standards” in relation to the bistro. The contract also allowed the Club to direct the Bistro to remain open whenever the Club was open.
In practice, the Bistro did not open whenever the Club was opened. The Club was placed into voluntary administration. The administrator directed Mr Stephenson to open the Bistro when the Club was open, and to expand the menu. Mr Stephenson refused to comply with the directions and his contract was terminated. The matter went to Court when he sued for damages for that termination. Read the rest of this entry »