Family and Domestic Violence

Behind Closed Doors and SARS-CoV-2 (aka Covid-19) SARS-CoV-2 has been wreaking havoc on all areas of life; family violence and what happens behind closed doors is no exception. The definition and what constitute family (domestic) violence has not changed and will continue to be applied during the SARS-CoV-2. For an understanding on what behaviour, or […]

Criminal Law, Covid-19 and The Constitution

Criminal Law and SARS-CoV-2 (Covid-19)  Victorians, as well as all Australian States and Territories, are now faced with Stage 3 restrictions. For Victoria, this means a further 4 weeks of restrictions. It also means that the restrictions and associated penalties for breaching the restrictions remain in force. We understand that these restrictions have been put […]

Employment Law

Australia’s unemployment rate is tipped to reach 3.92 million workers forced out of work as a result of SARS-CoV-2.  According to the Australian Broadcasting Company (ABC), the figure is estimated to be 10% for the June 2020 quarter (up 5%). If true, these figures depict a daunting image for Australia’s economy and for potential unemployed […]

Force Majeure

Force Majeure and SARS-CoV-2 (a.k.a. Covid-19) What is Force Majeure? Force Majeure is a clause that is premised primarily in contract law. It may also be referred to as an ‘Act/s of God’. Tortious law and insurance law are other areas of law where the notion of ‘Act of God’ may be relied on. This […]

COVID-19 Statutory Demands on Companies for debts

The Federal Treasury has issued a Fact Sheet – Temporary Relief for financially distressed businesses. This affects creditors issuing statutory demands on companies for debts owing, and the time companies have to respond to the statutory demands they receive. In summary. the minimum amount of debts in question is raised from $2,000 to $20,000, and […]

COVID-19 New Directions from the Chief Health Officer (Victoria)

The directions issued by Dr Brett Sutton, took effect on 7 April 2020 and were updated on 13 April 2020. Testing criteria for COVID-19 has been expanded to include all people with consistent clinical symptoms. However, clinicians are being advised “to only test patients who meet the clinical testing criteria”. These include (apart from people […]

COVID-19 Insurance Claims

As a result of the COVID-19 crisis, the Insurance Council of Australia declared an “insurance catastrophe”. The Australian Financial Complaints Authority – the body which has responsibility to resolve insurance (and financial) complaints by consumers – has activated a “significant event response plan”. This is intended to identify and fast track COVID-19 related complaints. Of […]

Midwinters Lawyers Response to COVID-19

Due to the recent COVID-19 outbreak we would like to take the opportunity to advise our team members and valued clients that Midwinters Lawyers has already taken extra measures to minimise the spread of germs in our building and home offices.  As much as hygiene and cleanliness are always our top priority, we are following […]