Penalties Revisited: When Protective Measures Become Punishing Measures

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Penalties Revisited: When Protective Measures Become Punishing Measures


The recent case of Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] VSCA 161 (Melbourne Linh) may have served to revisit (and possibly change) the Australian legal landscape regarding penalties.  In Melbourne Linh, the Court of Appeal found that a loan establishment fee of $26,625 constituted a penalty in circumstances where the fee did not represent the protection of the respondent’s legitimate commercial interests. The case is interesting because it potentially paves the way for Courts to, in future cases, adopt a broader approach when determining penalty cases.

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Extraordinary Drivers Licence Applications - A Practical Guide

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Extraordinary Drivers Licence Applications - A Practical Guide

If you lose your drivers licence as a consequence of a driving offence, you have a right to apply for a special licence - an extraordinary driver’s licence (EDL) in certain circumstances.

This article is designed those considering applying for an EDL to understand the procedures involved in making such an application. However, it is always a good idea to seek legal advice because what will be required to satisfy a magistrate will be different in each individual case. Specifically, an applicant will need advice as to what evidence will be required to determine whether it is appropriate for an EDL application to be granted.

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Restraining Orders - a Guide for Beginners

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Restraining Orders - a Guide for Beginners

Misconduct Restraining Orders (MROs) and Violence Restraining Orders (VROs) are used frequently in circumstances where one has a problem with another’s behaviour. The following guide provides some general information for those who may have an interest in either bringing a restraining order against another, or defending a restraining order brought by a third party against you.

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