In a Victorian decision delivered in Portarlington Bowls Club – Exemption (Human Rights) [2018] VCAT 1571 (11 October 2018) the Tribunal determined that the ladies of the Portarlington Bowls Club (“the Club”) could conduct a ladies only bowls tournament. The Tribunal noted the background to the tournament as follows:- “The Club has a long-standing tradition […]
Ladies a plate! Ladies only Bowls Tournament allowed
Written by Victor Hamit
October, 2018
Facebook posts by others on your profile can be defamatory and your responsibility!
Written by Victor Hamit
August, 2018
Johnstone v Aldridge [2018] SADC 68 held that liability for defamatory comments on Facebook posts were attributable to the host notwithstanding some of the defamatory comments were made by others (or “friends”). Mr Aldridge was ordered to pay $100,000 in damages (including aggravated damages) with costs yet to be determined at the time of writing. […]
Servcorp consents to court orders that contract terms with small business unfair
Written by Victor Hamit
August, 2018
Australian Competition and Consumer Commission v Servcorp Limited [2018] FCA 1044 determined that Servcorp Limited (“Servcorp”) and its subsidiaries had caused contracts with small business to be entered into which contained unfair terms. This was an action commenced by the Australian Competition and Consumer Commission (“ACCC”) against Servcorp and some of its subsidiaries. Servcorp is […]
Member Disputes – Consider Mediation!
Written by Victor Hamit
July, 2018
Wolfe v Sydney Bush Walkers Inc [2018] NSWSC 1032 (4 July 2018) is another example of a protracted dispute between members. It appears that passions can be elevated in these circumstances that are not necessarily evident in commercial disputes. The Supreme Court of New South Wales, in its opening paragraph of the decision in this […]
Disciplinary Rules must have express power to suspend or expel
Written by Victor Hamit
June, 2018
Snow v Consumer Association of South Australia Inc. [2018] SADC 49 provides some interesting observations in the need for procedural fairness (also referred to as natural justice) in disciplinary procedures against members of Not-for-profit (“NFP”) Associations. This case was a decision of the South Australian District Court delivered in May 2018 resulting from an appeal […]
To bind or not to bind? Enforceable “Offer to Purchase”
Written by Victor Hamit
April, 2018
In our article in February 2018, To bind or not to bind? Immediately enforceable agreement to lease?, we noted that the Supreme Court of Victoria in Casdar Pty Ltd v Fanous [2017] VSC 616 (20 October 2017) has confirmed that merely calling an agreement a “Heads of Agreement” and having it signed does not automatically […]