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Mahoneys aims to keep our clients up-to-date with the latest in legal information.

  • 16-May-2018 / Posted by Richard Seneviratne

    The lesson of Lululemon – exchanges, returns and consumer guarantees

    Luxury athletic apparel company Lululemon Athletica Australia Pty Ltd (Lululemon) found out the hard way that global businesses who apply blanket branding are not above the consumer guarantees made under the Australian Consumer Law. The background In July 2017, The Australian Competition &am..
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  • 17-Apr-2018 / Posted by Wesley Hill

    The power of appointment of trusts

    A recent case involving a prominent South Australian wine-making family highlighted the importance of making sure that control of a trust following the death of the appointor is transferred in a way that is permitted by the trust deed. These days, many family businesses and assets are op..
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  • 23-Mar-2018 / Posted by John Forde

    Development Approval - enforcement orders

    by John Forde, associate In Pike v Tighe [2018] HCA 9 (14 March 2018) the High Court held that the Development Approval condition attaches to the land and binds the owner, the owner’s successors in title and any occupier of the land. The matter concerned the subdivision of land in To..
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  • 30-Jan-2018 / Posted by John Forde

    Vicarious liability

    by John Forde, associate A common problem faced by employers is vicarious liability and their duty of care. A recent Supreme Court of Queensland decision acts as a timely reminder for our workplaces in 2018. The defendant company (which I will call the Company) conducted a road freight..
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  • 17-Jan-2018 / Posted by John Mahoney

    Forget It!

    by John Mahoney, partner Over the course of 2017 we have seen multiple cases of managers forgetting to exercise their options or failing to exercise an option properly. In one week alone we saw 3 such cases. Whilst in most cases we have been able to rescue the situation and obtain new a..
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  • 17-Jan-2018 / Posted by John Mahoney

    Sellers beware

    by John Mahoney, Partner At a recent forum held on the Gold Coast and attended by most of the leading management rights lawyers, accountants, real estate agents and finance brokers, overwhelming support was shown towards including in management rights sale contracts a clawback provision to..
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  • 17-Jan-2018 / Posted by Ben Seccombe

    Recent victories for managers

    by Ben Seccombe and Mitchell Downes Towards the end of 2017 we secured a number of victories for our clients in various situations and in various forums. We have maintained and will continue to maintain our policy of never acting for a body corporate in a dispute with a resident manager. ..
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  • 22-Dec-2017 / Posted by Mitchell Downes

    Mahoneys secures important – business saving – Christmas victory for caretaker

    Mahoneys is currently acting for a caretaker in a termination dispute with a body corporate. Earlier in the dispute, Mahoneys secured (by consent of the body corporate) an injunction restraining the body corporate from terminating until the QCAT trial. However, with the trial some 8 month..
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  • 20-Nov-2017 / Posted by Marek Reardon

    Same Sex Marriage: Yes vote wins – what now?

    by Marek Reardon, Special Counsel The Same Sex Marriage postal survey has been conducted and the results tallied. The "Yes" campaign has emerged the winner with a nationwide response of 61.6% "Yes" to 38.4% "No" with a 79.5% participation rate. Given this result and the commitment from parl..
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  • 15-Nov-2017 / Posted by Marek Reardon

    With whom children should live and consideration of children’s best interests

    The 2006 amendments to the Family Law Act were a step taken by the government of the day to address the growing groundswell of concern by, predominantly fathers, over the apparent gender bias in cases involving decisions about where children should live and with whom they should spend time. ..
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