Elamine Lawyers

21/07/2026

You lost the adjudication. They issued the statutory demand to enforce the judgment.
Then you won in the Supreme Court.
How? You had an offsetting claim—one you never raised during adjudication. The court didn't need solid evidence. It just needed a "reasonable case to be tried." That was enough to set the demand aside.
Red Duke Ventures shows that an adjudication loss isn't the end. You can still go to the Supreme Court and argue offsetting claims the adjudicator never heard.
Here's your path forward. 🧵
Re Duke Ventures Wellington Street Pty Ltd [2025] VSC 75 (6 March 2025, Associate Justice Barrett).
VictoriaLaw

13/07/2026

The High Court just flipped Division 7A on its head.
In Bendel v Commissioner of Taxation, the Court held that an unpaid present entitlement (salary) doesn't automatically trigger Division 7A. Game changer for directors.
What this means: You can leave salary unpaid without the ATO automatically catching you under Division 7A. But—and it's a big but—your facts need to be clean. The ATO still has to prove it was a benefit or loan scheme designed to sidestep the rules.
If you're thinking about managing director compensation this way, get it right from the start. One slip and you're fighting the ATO.
Need advice on your salary structure? Let's talk.
PresentEntitlement TaxPlanning HighCourt AustralianTax SmallBusiness TaxAdvice Bendel CorporateTax BusinessLaw ElamineLaywers

09/07/2026

09/07/2026

Facing a PBS investigation? Here's what pharmacists need to know — before it's too late. 👇
Swapping, false claims without supply, common patients, excessive discounting — these terms get thrown around in PBS compliance letters, but what do they actually mean for your pharmacy?
In 90 seconds, we break down the four risk areas regulators are looking at right now:
🔁 Swapping — when the prescription, the medicine supplied, and the PBS claim don't line up
📄 False claims without supply — PBS records show a dispense that didn't happen
👥 Common patients — the same patients appearing across multiple connected pharmacies
🏷️ Excessive discounting — discounting that starts to look like an inducement or reward
These are serious allegations with serious consequences — for your registration, your business, and your reputation.
If you've received a PBS compliance notice or you're worried about your claiming patterns, don't wait for it to escalate. Get advice early.
📩 DM us or call [insert number] for a confidential consultation
🌐 [insert website]
⚖️ Elamine Lawyers — Regulatory | Commercial | Litigation
HealthLaw PharmacyBusiness LegalAdvice AustralianPharmacy ComplianceMatters PBSClaims ElamineLawyers ProtectYourBusiness PharmacyOwners MelbourneLawyers

10/06/2026

Elamine Lawyers is proud to support South Lebanon through the Wish Foundation.

We are offering 100 free initial legal consultations over the next 3 months to assist members of our community while encouraging donations directly to the Wish Foundation.

Each consultation is for 1 hour and is subject to availability, conflict checks and suitability.

Book via the link in our bio.

All donations go directly to the Wish Foundation.

Elamine Lawyers × Wish Foundation

MelbourneLawyers LebaneseCommunity GiveBack

08/01/2026

This is not a simple use-of-force case.
The law may authorise an officer to act where a threat is perceived.
That does not end the inquiry.
What matters is timing, movement, and whether the threat remained imminent at the exact moment force was used.
Authority answers can you act.
Judgment answers should you.
That distinction is why this incident will divide opinion — and why it will be examined frame by frame, not slogan by slogan.
Watch closely. The detail matters.

06/01/2026

International law does not operate on slogans — it operates on status and authority.
There is a critical legal distinction between Panama under Noriega and Venezuela under Maduro.
Nicolás Maduro is the de facto and de jure President of Venezuela, exercising effective control of the State. Under customary international law, a sitting head of State enjoys absolute personal immunity (ratione personae) from foreign criminal jurisdiction.
By contrast, Panama in 1989 involved a de facto leader without the same international recognition or legal footing.
Labeling a State a “narco-state” or disagreeing with its ideology does not remove sovereignty, does not displace head-of-state immunity, and does not authorise arrest, seizure, or regime change.
International law is not suspended because geopolitical interests diverge — whether those interests conflict with capitalist or communist systems.
This is a rule of law issue, not a popularity contest.

30/12/2025

From 1 July, a mandatory licensing regime applies. From 1 February, enforcement escalates materially.
This is not a symbolic reform. It is a structural compliance shift with real consequences — including licence refusal, suspension, cancellation, and significant penalties.
Retailers need to understand the difference between administrative non-compliance and conduct that will now be treated as illicit trade. The risk profile has changed.
This video breaks down what has changed, when it applies, and why ignoring it is no longer an option.











Do you think these laws will reduce illicit to***co trade?

06/12/2025

Victoria has entered a new sentencing era.

The Justice Amendment (Adult Time for Adult Crime) Bill 2025, as debated in the Victorian Parliament (Hansard), introduces mandatory adult sentencing for serious violent offending — including carjackings and aggravated home invasions — with life imprisonment now expressly in scope.

These reforms materially constrain judicial discretion.
While exceptions exist, they are deliberately narrow and subject to intense scrutiny. The statutory bar for avoiding adult custodial sentences is set high.

Sentencing will sit squarely within the County Court, reflecting a clear parliamentary policy directive:
community protection and general deterrence now outweigh rehabilitation in cases of serious violence.

This is, by any measure, untested territory.

The reforms raise genuine legal and constitutional questions — particularly around proportionality, children’s rights, and how “exceptional circumstances” will be construed in practice.

Whether one supports or opposes the policy shift, the position is unmistakable:
the risk profile for violent offending in Victoria has materially escalated.

This is serious law, with serious and long-term consequences.