Uncategorized - Cogent Legal - Melbourne Solicitors

Understanding Binding Financial Agreements – Australia’s Family Law

Binding Financial Agreements, often colloquially known as BFAs are agreements made by couples about the financial arrangements should their relationship break down. Under the Family Law Act 1975 (Cth), BFAs provide a way for parties to agree on how their property and financial resources should be distributed upon the breakdown of their marriage or de […]

Navigating Statutory Demands Based On SOPA Decisions

Navigating Statutory Demands and Offsetting Claims in Construction Disputes: Key Takeaways from Recent Cases: The recent cases, CBS Commercial Canberra Pty Ltd v Axis Commercial (ACT) Pty Ltd, and Dask Entertainment Melbourne Pty Ltd v Aussie Fitouts Pty Ltd, have shed light on the complex relationship between statutory demands under the Corporations Act 2001 (Cth) […]

Fair Work – Closing the loopholes…

New Employment Definition Set to Transform Australian Workplaces: Closing the Loophole Legislation Effective August 26, 2024 By Cogent Legal In a significant move to reshape the landscape of employment in Australia, Fair Work Australia will implement a new definition of employment under the “Closing the Loophole” legislation, set to take effect on August 26, 2024. […]

The Essential Duties of Solicitors in Australia: Lessons from Commercial Bank of Australia Ltd v Amadio

Guarantor Solicitor’s Certificates document legal advice to a guarantor. The case of Australia Ltd v Amadio outlines caution to Australian Lawyers on this task.

Employment Law Deed of Release

This case demonstrates the importance of a deed of release and the long-term protections they offer.

s57 DBCA – Stay of Proceedings?

Section 57 of the Domestic Building Contracts Act 1995 (Vic) causes relocation of cases to VCAT. A recent case challenges that application. On 29 October 2021, the County Court of Victoria made a significant decision in the case of Uber Builders and Developers Pty Ltd v MIFA Pty Ltd. This decision addressed the ongoing issue of pandemic-induced […]

Anti-Vaxxers and Employment Termination

The Position in Australia The Challenge for Businesses The emergence of COVID-19 provided many challenges for businesses including the rise of costs and increase in labour shortages. If it wasn’t already hard enough, further challenges were presented on the legal front – in particular lawfully terminating employees regarding vaccination status and retuning to the workplace. […]

Unfair Dismissal Continues in Victoria

Post COVID-19 Lockdown, we see the number of unfair dismissal claims increase. The FWC’s annual report revealed a 40% sudden increase in the number of unfair dismissal applications it dealt with during the height of the pandemic between March and June last year. A similar pattern to the fallout from the global financial crisis, and […]

s121 Family Law Act

I am going through a Divorce; can I share information with my family and friends for support? Getting a divorce, division of assets and parenting orders can be a long and emotional process and people do seek to share their feelings with friends and family members. Although sharing can help you alleviate some of the […]

Becoming a Franchise

Are you considering becoming a franchise? Making the transition to a company that is a franchise requires thoughtful consideration. There are benefits to growing your business by becoming a franchisor, however, these should outweigh the costs and regulatory compliance of being a franchise. Cogent Legal can assist you in navigating the complexity and requirements under […]