Legal Articles
Can a Judgment Be Set Aside?
October 6th, 2012 by | Court Disputes, Debt Collection
If someone gets a default judgment for a money sum against you, it means that, without a trial, a Court concluded that you got the summons but had no defence, or chose not to fight the claim. But what if you do have a defence and overlooked responding in time? Or perhaps the summons went… Read more »
Good Due Diligence Helps Avoid a Lemon
October 5th, 2012 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Franchises, Property & Leases
We may still be disappointed when a due diligence exercise reveals what a mistake the purchase of a particular property or business would have been. It can be difficult to overcome the excitement and anticipation of a new home, investment or business, even though your lawyer shows you that you may have just “dodged a… Read more »
Are Shareholder & Partnership Agreements Really Necessary?
October 5th, 2012 by | Business Sale & Purchase, Commercial Transactions, Franchises, Wills & Estate Planning
Starting a business can be an exciting and rewarding experience. It can also quickly become a nightmare (even if the business is successful). Often it is difficult for an individual to find the finance necessary to start a business and so people look for partners. A partner can also bring to the business skills and… Read more »
Restraints of Trade Too Wide and Too Long
October 5th, 2012 by | Business Sale & Purchase, Commercial Transactions, Court Disputes, Employment, Franchises
A fairy floss story: Whizzo had a fairy floss franchise. It sold its territory in SA and WA to Floyd. Under the franchise agreement, Floyd agreed not to compete with Whizzo after the end of the franchise period for 10 years anywhere in Australia. At the end of 5 years, Whizzo asked Floyd to renew… Read more »
Before You Sign a Building Contract
October 5th, 2012 by | Commercial Transactions, Conveyancing, Property & Leases
We have significant experience in advising our clients on their rights and obligations under domestic and commercial building contracts, and residential “house and land” package deals. In South Australia a domestic building work contract can be cancelled if you take action to “cool-off” before the “prescribed time”. This is not a step that should be… Read more »
Legal Professional Privilege – It’s Your Privilege
October 4th, 2012 by | Court Disputes
When your lawyer writes you a confidential letter giving advice in relation to a legal matter or communicating about a legal dispute, or you send your lawyer an email seeking advice, it will generally be protected by legal professional privilege. By ‘protected’, the Courts mean that these documents can’t be used against you. In fact,… Read more »
A Debt Doesn’t Entitle You to Lodge a Caveat
October 4th, 2012 by | Conveyancing, Court Disputes, Debt Collection, Finance & Securities, Property & Leases
The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so. A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… Read more »
Ultimate Stress-Relieving Buying a House Checklist
September 12th, 2012 by | Conveyancing, Property & Leases
There are a lot of things to do when moving house, particularly if you’re buying a home for the first time. Remembering to have the electricity connected is one of them! The first night in an unfamiliar house without lights may be a memory you want to avoid! Without a home-buyers to-do list, especially in… Read more »
Time Limits Apply to Most Legal Actions!
September 12th, 2012 by | Court Disputes, Debt Collection, Injury Compensation Claims, Wills & Estate Planning
You should be aware that there are time limits on certain Court actions. If you fall outside those time limits, your ability to pursue a remedy in Court may be lost (‘statute barred’). Examples of certain claims and the time limits that apply in South Australia: Breach of contract: 6 years after the date of… Read more »
Examples of Typical Situations of Injuries Caused by Dogs…
September 12th, 2012 by | Injury Compensation Claims
A man in his 40’s was going for his morning run along a footpath in the suburb in which he lives when a dog ran out at him from a yard and bit him on the leg. The gate was usually closed, and the dog was usually restrained, but not on this morning. The man… Read more »
What is Your Liability if Your Dog Attacks or Causes Injury?
September 12th, 2012 by | Injury Compensation Claims
A client was walking her dog along the linear park recently. She had unleashed him in the designated off-leash area. Her dog unexpectedly ran out of the off-leash area toward the river in pursuit of some ducks. The dog ran across the bike track and caused a man jogging to stumble and fall. The dog… Read more »
How to Secure Payment of a Judgement Debt
September 11th, 2012 by | Court Disputes, Debt Collection, Finance & Securities
So you have finally got a judgment against a person for the sum of money that he owes you. The next step is to actually realise the money and often that can take time. The Problem: Say that while you negotiate a payment plan for your judgment sum to be paid to you, the debtor… Read more »
Judicial Bias
September 6th, 2012 by | Court Disputes
What if you are involved in a court case and get a sinking feeling the Judge is against you? For example, the Judge gives a ruling in favour of a company on the other side, where he or she has thousands of shares in that company? Or he is married to that company director’s sister. … Read more »
Builders & Contractors Payment Claims Under the Security of Payments Act – Ignore or Delay at Your Peril!
August 28th, 2012 by | Commercial Transactions, Court Disputes, Debt Collection, Property & Leases
Imagine this: you engage a contractor to perform construction work. You are issued with an invoice at the end of the job, but the work is defective or not what you asked for. You do what you think is the right thing and try and talk to the contractor about fixing the work before you… Read more »
Things to Keep in Mind When Making a Will
August 23rd, 2012 by | Wills & Estate Planning
Making a will is just one aspect of good estate planning. Of course you should also consider whether testamentary trust provisions would be appropriate and the benefits of an Enduring Power of Attorney and Enduring Power of Guardianship*. There are, however, a few other things your lawyer should be talking to you about … Jointly… Read more »
