Legal Articles
Receiving a Court Subpoena
October 31st, 2013 by | Court Disputes
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 time and provide relevant evidence. A subpoena can be to testify personally (subpoena ad testificandum)… Read more »
“We Won’t Go To Court” Arbitration Clauses
October 17th, 2013 by | Commercial Transactions, Court Disputes
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 the contract, agree in advance that neither will bring an action in Court until arbitration has been… Read more »
Can Courts Correct Contracts?
October 9th, 2013 by | Commercial Transactions, Court Disputes
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 relation to a range of legal documents, some only of which are mentioned here. Contracts If the contracting parties agreed to something… Read more »
Untrustworthy Trustees
September 12th, 2013 by | Commercial Transactions, Court Disputes, Wills & Estate Planning
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 untrustworthy. What is a Trust? A Trust is an arrangement where X holds or controls property for Y. In this case X… Read more »
Caveatable Interests in South Australia
September 10th, 2013 by | Conveyancing, Property & Leases
Only legal or equitable interests in land are caveatable. Other contractual obligations, such as debts do not sustain a caveat. Even where land is involved, it can be difficult to work out what constitutes a caveatable interest. To learn more about caveatable interests and where they apply, keep reading. And if you have any questions,… Read more »
Passing Control of Family Discretionary Trust
September 8th, 2013 by | Wills & Estate Planning
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 will maker’s assets are owned through a trust, the will maker does not own the trust assets…. Read more »
Probate on Lost Will
September 7th, 2013 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
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 valid by producing it to the Court. Where a person dies without leaving a Will, then a Grant of… Read more »
Terms of Trade Are Fundamental To Good Debtor Control
August 30th, 2013 by | Commercial Transactions, Debt Collection
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 little to help in a Court dispute if they were first presented after the contract was formed. Good debtor… Read more »
What To Do When a Purchaser Doesn’t Settle a Land Sale Contract
August 29th, 2013 by | Conveyancing, Property & Leases
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 sending a Notice to Complete or even seeking a Court order for Specific Performance… Read more »
Compensation Claim Settlement Checklist
August 2nd, 2013 by | Injury Compensation Claims
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 shop etc. and before long you receive an offer of $1,000.00 – $3,000.00 from an insurance company to settle your claim. What… Read more »
Business Purchase Checklist
July 30th, 2013 by | Business Sale & Purchase
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 checklist and obtaining relevant advice. Before signing a contract to purchase a business, consideration should be given to: undertaking an… Read more »
How to Deal With a Statutory Demand
July 29th, 2013 by | Court Disputes, Debt Collection
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 golden rule is to deal with a statutory demand immediately. We often receive cries for help after a failure to address the… Read more »
Tendered in Full Satisfaction
July 19th, 2013 by | Court Disputes, Debt Collection
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 invoice numbered…” The suggestion is that by accepting the lesser amount in these circumstances, you ‘waive’ the rest or agree… Read more »
Things to Consider After Signing a Contract to Purchase Property
July 9th, 2013 by | Conveyancing
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 at the searches and contract. Assuming all is well the contract can be signed – but that is not… Read more »
Will Your Same-Sex Marriage Invalidate Your Will?
July 1st, 2013 by | Wills & Estate Planning
In recent years and even months, more and more jurisdictions around the world have been legislating to legalise same-sex marriage. It seems that Australia won’t be following suit in the near future. For this reason it has become attractive for same-sex couples to travel overseas to be married. The question therefore arises as to the… Read more »
