Legal Articles
Settlement Day
February 7th, 2013 by | Conveyancing
What is so special about this day? Do I need to attend? What actually happens there? Settlement is the meeting of parties of a conveyancing transaction, where the Vendor’s conveyancer hands over the documents to enable the purchaser to become the owner of the property in exchange for the funds agreed to in the contract…. Read more »
What is the Difference between Strata and Community Titles in SA?
January 22nd, 2013 by | Conveyancing, Property & Leases
Since June 2009, Strata Title divisions can no longer occur in South Australia. Existing Strata Corporations are not affected by the change. The alternative is a Community Division. So what is the difference? A Strata Unit’s boundaries are defined by structural divisions of a building (i.e. midway between the top of the floor, the bottom… Read more »
What Does Your Lawyer Owe You?
January 21st, 2013 by | Court Disputes
The number one complaint that we hear in relation to lawyers is a failure to communicate. More often than not that failure relates to the issue of fees and potential costs of a matter. Costs are often extremely difficult to estimate but there is no excuse for not explaining the manner of charging. It… Read more »
Why Do I Need a Solicitor and a Barrister?
December 14th, 2012 by | Court Disputes
A legal practitioner (or “lawyer”) is a person duly admitted to practice law in accordance with legal and ethical requirements. In South Australia, we have a “fused profession”. A lawyer can practice both as a solicitor (who conducts a file, prepares documents, and oversees your case) and a barrister (who renders opinions and appears… Read more »
Asset Protection for Directors Now Even More Important
November 26th, 2012 by | Commercial Transactions
Personal liability of directors for unpaid superannuation and PAYG taxes has been extended by virtue of recent amendments to the Income Tax Assessment Act 1997. The law now extends a director’s liability to unpaid employee superannuation and may not protect a director who puts a company into administration. The Australian Taxation Office now has the… Read more »
Government Grants for Home Buyers
November 26th, 2012 by | Conveyancing
Purchasing a home, be it your first or subsequent, can be an expensive process. To assist with these costs, the government is currently offering the following grants: First Home Owners Grant The South Australian Government ceased the FHOG for established homes for contracts to purchase established homes entered into from 1st July 2014. However, a… Read more »
Left Out of a Will: How Do I Challenge a Will?
November 24th, 2012 by | Deceased Estates & Inheritance Claims
The loss of a family member is always a sad time, but it may become an even more distressing experience if you find that you have not been included in the deceased’s Will. If you have recently discovered that you were left out of your parent’s Will, you will likely be asking yourself “how do… Read more »
Duties of an Executor
November 24th, 2012 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
An executor is the person(s) or organisation chosen to carry out the terms of a will. The executor is responsible for the administration and control of a deceased estate until the final distribution of assets is made to the beneficiaries. The executor must first locate the deceased’s last will and contact the beneficiaries as soon… Read more »
10 Ways to Avoid a Discrimination or Harassment Claim
November 21st, 2012 by | Court Disputes, Employment
Although the Australian Government is considering streamlining Federal legislation in this fertile area, workplaces are, at least at present, subject to: Equal Opportunity Act 1984 (SA); Fair Work Act 1994 (SA); Age Discrimination Act 2004 (Cth); Disability Discrimination Act 1992 (Cth); Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Australian Human Rights Commission… Read more »
Motorcyclist Claims Barrister’s Dog Caused Accident
November 10th, 2012 by | Injury Compensation Claims
The Advertiser reported on 8 November 2012 that an Adelaide barrister is being sued in the District Court for “allowing his pet dog to roam and chase cars before it allegedly caused the crash of a motorcyclist.” The motorcyclist is reportedly claiming more than $40,000 in damages and compensation plus interest and Court Costs and… Read more »
A Defamation Apology Can Reduce Damages
November 1st, 2012 by | Defamation
The law of defamation is clear enough in theory, but technical and complex in practice. The Defamation Act, adopted in most Australian States, offers important steps for apologising and making amends that may substantially reduce damages for defamatory publications. However, before offering a defamation apology, it is incredibly important that you seek legal advice from… Read more »
When Only an Injunction Will Do
November 1st, 2012 by | Court Disputes
Whilst civil court actions most often decide whether to award damages or compensation, sometimes they are asked to order an injunction, which is an order telling someone either to do something or stop doing something . For example, say a tenant of a large display shop with enormous fixtures and fittings has a lease for… Read more »
Joint Tenants vs Tenants-in-Common
November 1st, 2012 by | Conveyancing, Property & Leases, Wills & Estate Planning
The consequences of not understanding the difference between joint tenants vs tenants in common can be costly. For example, how you own a property will determine whether your share of the property is passed down to your beneficiaries under the terms of your Will, or whether it becomes the property of the other surviving owners… Read more »
Security for Costs as a Sword or Shield in Court Disputes
October 18th, 2012 by | Court Disputes, Debt Collection
If you or your company take legal action against another person, they may ask you to provide ‘security for costs’. You might have to pay a sum of money into the Court or provide a bank guarantee or other form of assurance that if you lose, the other party can recover money towards its legal… Read more »
Rules for Pools
October 18th, 2012 by | Conveyancing
Many pool owners are still not aware of their obligations when it comes to selling their home. If you are looking at selling or purchasing a house with a swimming pool or a spa pool you need to be aware of legislation governing swimming pool and spa barriers. No matter when the pool or spa… Read more »
