John Molnar OAM
Midwinters’ Senior Partner, recently had the long awaited order of Australia bestowed in November 2020. John with a distinguished legal career spanning 40 years; culminating in the Order of Australia medal being awarded in 2020.
Consequences of Delays in the Family Court
Due to the current COVID-19 pandemic, the courts dealing with family law cases (the Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCC)) have faced considerable delays and accumulated a backlog of cases and applications during the course of 2020. The increased caseload has seen the bench being unable to keep […]
Reaching an Agreement Concerning Property After Separation
The Family Court has the jurisdiction to hear matters that relate to property & finance. For families that have gone through a separation and agreed to a parenting plan, it is often tricky deciding what to do next with the family home. The current COVID-19 pandemic has made this issue even more difficult due to […]
The Challenge to Casual leave ruling
Under the Fair Work Australia’s guidelines, casual employees: have no specific hours of work works irregular hours have no sick or annual leave payments may terminate their employment without notice unless notice by registered agreements, award or employment contract is required Casual employees are entitled to: Casual loading – casual employees are entitled to have […]
Misleading Conduct? Trivago.
You will likely remember the catchy advertising campaign that was aired very regularly on Australian television over the past four or so years. ‘Hotel? Trivago’ should ring a bell. Trivago now finds itself in hot water with the ACCC for misleading consumers in its television advertising as well as on its website after the Full […]
Professional Negligence Claims
What is ‘Competent Professional Practice’ within Victoria? December 2019 saw the handing down of a decision by Keogh J of the Victorian Supreme Court, concerning medical negligence and a consideration of the correct standard of ‘Competent Professional Practice’ (CPP). Boxell & Ors v Peninsula Health [2019] VSC 830 highlights the ambiguity in the law where it […]
A fairer Victoria; Spent Convictions Scheme
From Tuesday 27 October 2020, the Spent Convictions Bill 2020 Bill has been tabled in the Victorian parliament which will mean that Victorians who have been burdened with past convictions throughout years of their lives, will have a better chance at moving forward and away from their past. The ‘Spent Convictions Scheme’ has been designed to reduce the adverse effects […]
Returning to work & the workplace: The COVID-19 Pandemic.
The COVID-19 outbreak was declared a global health crisis by the World Health Organisation on 11 March 2020, which resulted in a pandemic status for the first time since major outbreaks such as Ebola (2014-2016), Swine Flu (2009-2010) and SARS (2002-2003). On 16 March 2020, Victoria was declared to be in a ‘State of Emergency’ […]
Recovering Debts in COVID-19
COVID-19 has drastically impaired all sectors of the global economy, but travel, hospitality and retail have been hit the hardest. Businesses across all sectors are struggling, and many are finding themselves in a range of financial difficulties. Victoria alone has been estimated to reach $60 billion of debt by 2021. Accordingly in March 2020, the Federal Government […]
Separation & Parenting Plans.
Separation is the First Step. A Parenting Plan Should be the Next. When both parties are going through the process of separation, it can take a significant toll on the children within the marriage. With emotions running high, both parties need to continue to have a common goal of placing their child/ren’s interests first. A […]