Things to Consider After Signing a Contract to Purchase Property
Finding the right property at the right price can take a lot of time and effort. Before signing a contract many purchasers will want to have the building checked and have a lawyer or conveyancer look...
View ArticleTendered in Full Satisfaction
In business, you may receive a cheque that is short of the amount you invoiced, with an accompanying note stating words to the effect “this amount is tendered in full and final satisfaction of your...
View ArticleHow to Deal With a Statutory Demand
The Corporations Act allows a creditor to issue a statutory demand to a corporate debtor. It is an extremely effective debt collection process where there is no dispute (other than payment). The...
View ArticleBusiness Purchase Checklist
Most people that find the right business want to sign the contract and settle as soon as possible. This approach can often lead to costly mistakes that could easily be avoided by going through a...
View ArticleCompensation Claim Settlement Checklist
So you have been injured in a car accident, slipped at a supermarket or tripped on something in a restaurant, shop or even someone’s house. You have contacted Allianz, the supermarket, restaurant or...
View ArticleEncroachments
Most contracts for the sale of land do not warrant that: (1) the fences are on the boundaries of the land; (2) the structures on the land do not encroach on adjoining land; or (3) the structures on...
View ArticleWhat To Do When a Purchaser Doesn’t Settle a Land Sale Contract
A buyer who fails to settle on the agreed date is, on the face of it, in breach of a land sale contract. As vendor, you will need to consider whether you want to insist that the deal be completed (by...
View ArticleTerms of Trade Are Fundamental To Good Debtor Control
All businesses should have well written terms of trade. It is just as important to make sure that they form part of your contract. Notwithstanding that you have good terms of trade, they will do...
View ArticleProbate on Lost Will
A Grant of Probate from the Supreme Court will generally be required for an executor to deal with the assets of a deceased. Obtaining a Grant involves proving that the last Will of the deceased is...
View ArticlePassing Control of Family Discretionary Trust
When making a will it is important to understand that you can only give what is yours. Assets owned via a family discretionary trust structure cannot be gifted directly in a will. If some or all of a...
View ArticleCaveatable Interests in South Australia
Only legal or equitable interests in land are caveatable. A debt or other contractual obligation that does not involve land will not sustain a caveat. Even where land is involved it can be difficult...
View ArticleUntrustworthy Trustees
Trusts are appropriate legal structures in many circumstances. However even a well thought out trust structure supported by an excellent trust deed will fail the settlor’s aims if the trustee is...
View ArticleCan Courts Correct Contracts?
While the Courts won’t re-draw a legal document to improve it, they will, in certain cases, correct the document (“rectification”) if it clearly doesn’t set out what was intended. This power exists in...
View Article“We Won’t Go To Court” Arbitration Clauses
A familiar term of many contracts is what lawyers call a “Scott v Avery” (Scott v Avery (1856) 5 HLC 811) clause. This is a clause saying the parties to the contract, who have a dispute arising from...
View ArticleReceiving a Court Subpoena
When someone can testify as a witness or has documents relevant to a legal action, a party can ask the Court to issue them with a subpoena. This is a Court order for them to attend Court at a certain...
View ArticleWinding up a Partnership: Considerations for the Disenchanted
People carrying on business in common for profit are in Partnership. It is an old and historically successful business model, although more businesses today incorporate as a limited liability...
View ArticleNo Win No Fee – Traps for Legal Clients
You’ve read it in newspaper ads, seen it on TV, heard it over the radio. Legal Firms telling you they will take on your Court case, “No win, No fee”. In legal terms, this is called a Contingency...
View ArticleContract by (Unilateral) Mistake
Courts can set aside contracts on a number of grounds: the terms may be illegal, a party may have entered into the deal through fraud or misrepresentation, and so on. Sometimes the Court will...
View ArticleConcurrent Lease Used To Sell Right to Property Income
There are a number of reasons why one may want to sell or transfer the right to receive rental income from a leased property. They include: (1) The desire to convert the future rental payments into an...
View ArticleMutual Trust and Confidence in the Employment Contract
In a decision of the Federal Court of Australia on 6 August 2013 (Commonwealth Bank of Australia v Barker [2013] FCAFC 83) the majority stated that an implied contractual term of mutual trust and...
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