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Legal Articles

The law can help you in a number of ways when your rights have been violated.  When, for example, you pay for something and don’t get it delivered as agreed, or it isn’t what was agreed, or it is broken, you have contractual and statutory rights. But what about a case where you have no… Read more »

In South Australia, the Retail and Commercial Leases Act 1995 provides that a retail shop lease cannot require a tenant to pay land tax but a landlord’s liability for land tax can be taken into account in assessing the amount of rent.  The Act does not always apply and in certain circumstances land tax can be… Read more »

The question I repeatedly hear is “Do I need to go to a Real Estate Agent to sell my property if I have a found a buyer privately?”  The answer is “no”.   All you need to properly document the sale is a Contract for the Sale and Purchase of Land and an up to… Read more »

The legal term for dying without a Will is “dying intestate”. If a family member or partner has died without a Will, intestacy can significantly add to a family’s burden. It also often leads to additional confusion as to what needs to be done and who is able to do it. There is also a… Read more »

Court Pre-Action Investigations

by | Court Disputes

What if you know someone has (or may have) done you (legal) harm but you don’t know what or who? There may be instances where you either do not know who to sue or whether you have a proper cause to sue.  In such cases, the Law may allow you to seek information from a… Read more »

If you have decided to ignore the well known advice of “don’t lend money to family or friends”, there are some very good reasons why you should create a legally binding, written agreement. This loan agreement between family members/friends and you, should outline a repayment schedule and  what will happen if the borrower is late… Read more »

The term “Living Will” can be misleading. What many people don’t realise is that a Will, specifically your “Last Will and Testament”, only has effect upon your death.  You cannot use your Will to make directions about what should happen when you are ill or unable to take of yourself, for example.  When people refer… Read more »

If you need to engage a lawyer you will be concerned about the cost.   Don’t be embarrassed – the likely cost of your matter is something that should be discussed up front.   It is important to you and needs to be carefully considered as part of your decision to proceed.  Sometimes it is… Read more »

Sometimes one party to a Court action will be ordered to pay (all or part of) the other party’s legal costs.  This might be at an interlocutory hearing (a court process along the way to the resolution of a matter) or at trial (when the matter is finalised by the Court).  Sometimes a party may… Read more »

I am often asked the difference between an Enduring Power of Attorney and an Enduring Power of Guardianship*. Many people assume that when they appoint an attorney, that person assumes the role of decision maker in all aspects of their lives. But this is not correct, as the roles of Attorney and Guardian* are separate… Read more »

Title Restrictions – Encumbrances on Property

by | Conveyancing

When purchasing a property in a recently developed area, an encumbrance in favour of the developer often appears against the title of the property. Encumbrances on property can be quite different in their terms and restrictions. There is no such thing as a “standard encumbrance”. If there is an encumbrance on a property that you… Read more »

A chattel is a piece of movable property such as a motor vehicle, furniture, jewellery etc.  A fixture is anything that was once merely a chattel but has been fixed to the land.  If a chattel is “affixed to the soil [it] becomes part of the soil” and therefore is the property of the landowner…. Read more »

Executor’s Commission Available in Certain Situations Being an executor of a deceased estate can be a large amount of work and take significant amount of the executor’s time and effort to make sure everything is done correctly within a reasonable timeframe.  Where the executor is also a beneficiary this  is not normally an issue but… Read more »

The death of a family member or friend is a difficult time, and the process of administering the estate can feel complicated and stressful. During this process, you’ll come across the term “Grant of Probate”. But what does it mean, and do I need a Grant of Probate for deceased estates? Keep reading to learn… Read more »

The Statutes Amendment (Courts Efficiency Reforms) Act 2012 (No 43 of 2012) has passed and brings substantial changes to commercial litigation in SA when it commences effect on 1 July 2013. Some major reforms are: “Small claims” (disputes without legal representation in Court) limits go from $6,000 to $25,000; The limit on general civil claims… Read more »