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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...

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Tendered 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...

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How 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...

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Business 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...

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Compensation 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...

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Encroachments

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...

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What 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...

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Terms 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...

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Probate 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...

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Passing 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...

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Caveatable 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...

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Untrustworthy 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...

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Can 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...

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“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...

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Receiving 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...

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Winding 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...

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No 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...

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Contract 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...

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Concurrent 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...

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Mutual 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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